Trademark Renewal – Renew Your Trademark Online
Trademark Renewal allows a trademark to remain permanent and perpetual by simply completing an application and paying the required fee. Applicants can submit the trademark renewal application within six months before the expiration date.
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OVERVIEW
What is Trademark Renewal?
A trademark registration protects a company or an organisation’s intellectual property by securing a term or a visual sign that a company uses to distinguish its goods or services. Because trademark renewal is required every 10 years, the sector will experience an even greater increase in the overall number of trademarks registered in the coming years.
The application for renewal must be submitted to the Trademark Office within at least six months before the trademark’s expiration date. This will not only ensure that their trademark is protected indefinitely, but it will also eliminate the possibility of litigation.
Businesses can prolong their security for another decade thanks to this timely renewal. To apply for renewal, businesses must complete and submit a list of forms, including TM-R12. If a person or company fails to renew their TM, the mark is held liable to be removed. Therefore, the holders must restore their TM for a longer company existence.
Procedure
Trademark Renewal Procedure in India
When executed properly, the renewal process in India is not difficult at all. Here is the whole procedure:
Step 1: Gather Required Documentation
Make sure the following document is ready before you file: Trademark Registration Certificate (original or certified copy), Copy of Form TM-A (the original application form used during first registration), Proof of Applicant's Identity: Passport, PAN, voter ID, or driver's license, Proof of Address: Utility bill, bank statement, or office rental agreement, Power of Attorney (if applicable): If an agent or representative files on your behalf.
Step 2: Complete Form TM-R (Renewal Application Form)
Form TM-R is the official renewal application form prescribed by the Indian Trademark Registry. It requires Trademark Application Number or Registration Number, Registered Proprietor's Details: Full name, address, nationality, Mark Description: Exact description of the trademark (text, logo, combination), Goods/Services Classification: Nice classification codes for all applicable classes.
Step 3: File Application Online (Recommended) or Physically
Option A: E-Filing (Online) - (Recommended)
Option B: Physical Filing (Traditional Method)
Our Strong Recommendation: E-file your trademark renewal. It is faster, cheaper, and gives you better tracking. Online filing has become the standard practice in India's IP system.
Step 4: Registry Scrutiny and Review
The Trademark Registry, upon receiving the application, checks the documents: All required documents are included, the proper fees for renewal are paid, and Form TM-R is properly filled out, The trademark registration is still in effect and not in the process of being cancelled. In contrast to the first registration applications, the renewal requests are not subjected to a substantial examination. The Registry will not test the distinctiveness or validity of the mark again. If the renewal is done in the right manner with the stipulated fee, then it is automatically granted as a right.
Step 5: Publication in Trademark Journal
Once the renewal is issued, the application for renewal will be published in the Trademark Journal, which is the official journal for trademarks. The publication will notify the public about the renewal and Enable third parties to oppose (without specifying a specific time period) if they believe the renewal should not be granted.
Step 6: Opposition Period
Upon publication, any person who disagrees with the renewal can submit an opposition, which will not have a specific time period. The most common bases for opposition are trademark non-use (not used for 5+ years), Conflicting rights, Fraud in renewal application, and the last one is very rare during renewal because the mark already has a valid registration. Most oppositions are raised for the initial registration.
Step 7: Grant of Renewal Certificate
Afterwards, the Registry provides a Trademark Renewal Certificate that includes the original details of the trademark, Registration number, and new expiration date (10 years from the renewal date), the date of the certificate issue. The applicants can complete the process by either hiring an online trademark renewal service or by filing the forms themselves. Depending on the type of trademark and the class, official charges for a trademark renewal may differ.
The applicants can complete the process by either hiring an online trademark renewal service or by filing the forms themselves. Depending on the type of trademark and the class, official charges for a trademark renewal may differ.
Benefits
Benefits Of Trademark Renewal in India
Renewing your trademark ensures continued legal protection, preventing others from using your brand name or logo.
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Legal Protection that is always on
Trademark Renewal guarantees that your brand remains under the protection of Indian trademark law and is legally protected. The trademark is no longer under legal protection and has lost its status after 10 years if it is not renewed.
Right to Use for Countrywide Protection
Renewal of a trademark retains the sole right to use the mark throughout India. The exclusion of the right means that the competitors can legally employ the same or very similar marks. Your trademark, which is renewed, stops any competitor from getting the same or a confusingly similar mark in India. The Trademark Office will not be able to issue any registrations that interfere with the established trademark rights.
Brand Consciousness and Consumer Dependability
A trademark that is renewed and active gives consumers a signal that your brand is real, is of the professionals, and is committed to being of good quality and also protecting. Consumers think that active trademark registrations are linked to the businesses that are already established and are thus trustworthy. The ® sign on your products and marketing materials gives consumers the confidence that it is the original one.
Protects Brand from Counterfeiting and Infringement
A trademark renewal grants you the legal power and position to fight against counterfeit products, unauthorized use, and brand infringements.
When you have an active trademark, you are able to bring lawsuits for infringement against counterfeiters, send cease-and-desist letters to those who use your brand without permission, get rid of the infringing items from the online selling sites, get damages and compensation.
Business Valuation and Investment Attraction Go Up
An active and renewed trademark boosts the value of your company and makes your business more appealing to investors directly. Trademarks are seen by investors as valuable intangible assets; the value of trademarks is included in such valuation calculations, having a lot of buyers for companies with excellent trademark portfolios, and higher exit valuations for businesses that have brands protected.
Creates Legal Premise of Ownership and Validity
A trademark renewal guarantees ownership and validity, thus placing the evidence burden on others. According to Section 34 of the Trade Marks Act, 1999, if the trademark is validly registered, you are the owner, and your opponents must prove invalidity or ownership (not you).
Documents Required
What Documents Are Required for Trademark Renewal?
To ensure the continued protection of your Trademark, timely renewal is essential. The process requires specific documents to verify your ownership and usage of the Trademark. Here’s what you’ll need.
✅ Application Preparation: Required Documents for Trademark Renewal
The applicants should prepare a set of copies of the following documents to be submitted along with the trademark renewal application:
- A power of attorney for representation purposes
- PAN card and proof of registered office address of the applicant
- Copy of application (TM-A)
- Trademark registration certificate (issued previously)
✅ Trademark Renewal Filing in the forms:
The applicants must fill out the following list of forms for trademark renewal, along with the prescribed fee:
TM-R: Filling the TM-R form is mandatory to fill under the Trade Marks Act, 1999, for the application for renewal/restoration of registration of a trademark.
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Missing Renewal
What Happens If You Don’t Renew Your Trademark?
The expiration of a trademark without renewal can cause a lot of legal issues. The immediate effect is losing the exclusive rights of the trademark, which means that the company doesn’t have the power over the use thereof. The situation enables other competitors or unauthorized persons to use or register a mark similar to that of the company, thus the risk of infringement of the affected trademark's rights is increased. It is very hard to assert your rights through the courts when the trademark is not registered and active. If the renewal is missed, all three, identity, reputation, and legal protection, together with the brand, are put at serious risk; hence, timely renewal is the only way to ensure that you continue having the exclusive ownership and protection.
How to Renew If You Miss the Deadline
According to Indian trademark law, if you do not renew your trademark expiration date, you will still be able to do it within six months after that by paying an extra charge for late renewal. This grace period is basically like a second chance to bring your trademark back to life and enjoy legal protection without going through the registration process all over again. On the other hand, if the trademark is not renewed in this time frame, it is considered dead, and you have to start all over again. Therefore, taking swift actions within the allotted time is essential for your brand's survival and regaining the trademark rights.
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Help
How We Help You with Trademark Renewal
Step 1: Requirement Assessment
Once you share your details, a JustStart representative will contact you to discuss your specific needs and explain the process and fees. Renewal costs vary depending on whether your Trademark needs to be renewed or restored.
Step 2: Application Preparation and Filing
Our specialists will start preparing your Trademark Renewal application, gathering all necessary documents and completing TM-R/TM-18 forms. These forms are then submitted to the appropriate trademark registry office.
Step 3: Status Confirmation
We keep you updated on your application’s status and confirm whether your Trademark has been renewed for another ten years. Our team is also available for any updates you may need throughout the process.
At JustStart, we make Trademark renewal straightforward and efficient, ensuring that your brand’s legal protection continues uninterrupted. Let our dedicated professionals guide you through every step, delivering peace of mind and expert support.
Why Choose JustStart?
Why Choose JustStart for Trademark Renewal?
JustStart is a leading legal tech company, supporting startups and established businesses in managing essential legal processes like Trademark renewal with ease and efficiency. With JustStart, you gain access to comprehensive assistance, expert consultation, and reliable legal support.
✅ Expert Consultation:
Our network of reputable legal professionals is dedicated to understanding your business needs and fulfilling all legal requirements for Trademark renewal. With constant support from our team, you’ll stay informed at every stage and can monitor progress through our online platform.
✅ Transparent Process and Expectations:
We handle all necessary paperwork and liaise with government authorities, ensuring smooth interactions and minimizing delays. Our experts provide clear guidance on the renewal process and costs, so you know exactly what to expect.
✅ 360-Degree Assistance Team:
Our experienced consultants and legal professionals are just a call away, ready to support you with reliable legal guidance and solutions tailored to your Trademark renewal needs.
Locations
Trademark Renewal in Other States and Cities
FAQs
LET'S CLEAR ALL THE DOUBTS!
A trademark is a graphical representation of a company’s name, logo, and symbol that helps users identify what products and services you manufactures or caters. Trademarks are issued by trademark registry offices under the Trademark Act, 1999.
There are typically four:
Standard trademarks, collective marks, certification marks, and series marks are all examples of trademarks.
In India, an individual or any company (whether it is an LLP, PLC, or private limited company) that wants to protect its identity must apply for trademark registration. After completing the registration process, the trademark registrar issues a certificate of trademark registration. If the applicant wants to continue their operations under the same trademark, they must get their company's trademark renewed.
Once received, the trademark registration is valid for a period of 10 years.
The trademark renewal process is completely online. There are multiple reasons to get your trademark registrations renewed:
- In the event that any sign, name, word, or symbol in the existing trademark changes,
- In the event, the validity of 10 years is about to expire.
- In the event, the trademark’s validity has expired.
There are three ways:
Hiring Trademark Renewal Consultancy Service: Recruiting a trademark renewal consultancy comes with several benefits, like saving time and energy, saving efforts, avoiding delays, and most importantly, guidance to accurate procedure.
Filling in the form yourself, Individuals can also complete the trademark renewal process themselves.
Hiring an agent to do it on your behalf: Typically recognised as agents, business owners can also hire agents who can be authorised to complete the trademark renewal process on the owner’s behalf.
You can renew your trademark before its validity expires.
- They must renew their trademark within six months of the trademark expiry date.
- Complete the application form within six months after the validity expires, with the late fees.
Trademark renewal highly depends on the type of renewal you are seeking and the type of service you have hired. However, you can expect to pay somewhere around Rs.4000 -5000 along with government fees.
It is mandatory to renew your trademark certificate if you want to continue business operations in India.
- Legal protection: You can readily establish your rights in court if you believe your registered trademark has been infringed upon. In industries where piracy is prevalent, trademark registration is required.
- Unique brand identity: Customers should be able to identify your products or services as being associated with your brand. The first step in achieving this is to register your trademark. The law would then prevent the registration of any identical terms or slogans.
- Continuous business opportunities: If your brand succeeds, a trademark is an intangible asset that can be extremely valuable. Consider the brands Tide, Nike, and McDonald's. Through licensing agreements or even the transfer of ownership to interested parties, businesses can make a lot of money in royalties.
Yes. The Online Trademark Renewal Consultant India will set a roadmap for the applicants so that they do not miss any steps of the process.
