rademark is legal intellectual property. It is a unique name, tagline, logo, slogan, or mark of a person, business, or organization. This is the identity of your business. Trademarks help represent the products and services that a company offers in the market. It affects the customers psychologically which leads to higher sales of the business’s services.
A trademark helps customers to differentiate products from any other fake companies. It also helps businesses to gain their potential customers. Trademark Act, 1999 came into use for better legal advisory and protection. However, the government keeps on updating it and making new amendments as per the requirements of the economy of India.
Companies get exclusive beneficial rights from a trademark & its renewal to operate it for promotion and highly restrict everyone from further using it in their own name.
It gives ownership and also ensures that nobody can use any such deceptive name like your existing companies.
Benefits of a Trademark Registration in India
Original:- A trademark represents proof of originality. It is an asset for companies. It is very useful for customers as well as for sellers. It enhances the chance of business expansion.
Recognition:- Registration of a trademark protects your products and services and also gives high recognition in the market. It gets its own identity in the market.
Promotion:- Since you’ve got a trademark registered which shows the trust of the government bodies, customers are most likely to increase your sales.
Security:- Trademark registration ensures that nobody can snatch your registered ideas, slogan, name, logo, etc. Nobody gets the right to get benefits from your potential buyers.
Legal Protection:- If anyone steals your trademark registered company name or ideas, you attain all the rights to take legal actions against them.
As per the Trademark Act 1999, it is not mandatory to register it in India. But to get rights and beneficiaries on the market, you must do trademark registration. The trademark registration process in India takes quite a long time to complete, but since it offers such benefits, it is worth it. Be sure to have adequate information about the products or services for which you want a trademark. Do not apply for already registered names, logos, labels, slogans, etc. Otherwise, your application will be rejected.
A trademark for which an application is filed is symbolized as (™)
Likewise, Registered Trademark is symbolized as ®
Trademark Renewal Online in Only 3 Steps with JustStart
Filing of an Application– Filing Application for Trademark Renewal, submit all the required and updated documents also pay the prescribed fee. If you apply after the trademark renewal deadline, you will have to pay additional late fees.
Verification by the Registrar– In the trademark renewal process, once the renewal application is filed in the prescribed form i.e. TM-R, the TM Registrar will check all your documents to check the protection. This process is done to avoid fraudsters. In the meantime, we will keep checking the status of your application. After verification, the registrar accepts it and moves on to the next process.
Certificate of Renewal– The registrar, on being satisfied with the application filed, will issue the certificate of renewal which will be valid for the next 10 years.
Keep These Things in Mind Before
Applying for a Trademark Renewal Online in India
Trademarks are assigned for the lifetime of the business. But its renewal validity is only 10 years, and you have to renew it after every 10 years of your existing established business. Trademark renewal is done because it protects the brand value of any person, business or organization.
Before applying for renewal of your existing trademark, check in properly if you wish to make changes to it before applying for it.
The charges for trademark renewal are 9000 INR whereas its offline charges are 10000. So it benefits if you’re getting trademark renewal online.
Getting the trademark renewed 6 months before expiry is a much better step than going through such a difficult and time-consuming process after expiry. Schedule your trademark renewal date with the help of reminders. Under Section 25(3) of the Trademark Act, the Registrar has the power to remove your trademark. If you do not renew your trademark within a certain time period, they have the right to remove it without any second thought.
Easy Process for the Renewal of a Trademark in India
For the renewal of an existing trademark, you have to apply it 6 months prior to the expiry date of the trademark. The trademark renewal process could be a tough process to go through if you miss the date of trademark renewal.
Make sure to provide all correct and updated documents required for trademark renewal. Use of misleading words, offensive words and hostile words are completely restricted from being used in the process of trademark renewal otherwise you will be issued an objection from the Registrar.
Application for Renewal after Expiry of Renewal Date, Of course, Indian law allows you to apply for renewal of your trademark even after you have missed the expiry date of trademark renewal. But you will have to pay late fees as well as renewal fees. You need to keep in mind that the application for trademark renewal can be made only within 6 months of expiry. After that, your trademark will be removed from the list and you will have to apply for trademark restoration.
Application for Registration of a Trademark
The Trademark Act, 1999, has given the benefit of applying for trademark restoration too but within the time period of 1 year from the registered expiry date. Or after that, the government body will abandon your trademark. And there is no further procedure for retaining it back. You may further apply for the trademark from the scratch and would get approved for the new trademark process.
Documents Required for the Online Renewal of a Trademark in India
- A power of attorney for representation purpose
- PAN card and proof of registered office address of the applicant
- Copy of application (TM-A)
- Trademark registration certificate (issued previously)
Modes of Trademark Renewal in India
- Without modifications (as it is)
- With modifications (make changes)
JustStart provides specialized legal advice for your startup and business. We are known for our best online consultation services which are very cost effective. Reach out to us for the most transparent consultancy services.
We have guided many businesses through their trademark registration and renewal process before and we would love to help you too.
For more info and the best consultancy visit us today!!
