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Trademark renewal has to be filed before expiry of the mark. The trademark renewal application form must be prepared and filed before a deadline to enjoy the seamless protection of the trademark without any chances of litigation. Once renewed, it has lifetime validity.
However, it is necessary to renew trademark registration as it is has a validity of 10 years. Trademark registration renewal can be done beginning from 6 months before the date of the expiry. A notice for trademark renewal is sent before the date of expiry.
If an individual still fails to renew the trademark then the registrar may remove the trademark from the Trademarks journal. But again this happens only after 12 months after the expiry date. Between 6 and 12 months after the expiry trademark registration can be renewed on payment of a fine through a process called restoration.
ComplianceIndia helps you with the simplest way to file a Trademark Renewal.
Advantages of Trademark Renewal
Prerequisites of Trademark Renewal
– The trademark should be registered, possessed by the proprietor and subject to renewal
– Conduct a trademark search to make sure that there is no similar trademark.
– Get a legal opinion for feasible solution if there is a conflict of trademark.
– Prepare an application for renewal and thereby comply with appropriate conditions.
How we Work?
Documents Required for filing Trademark Renewal
Our charges for application of Trademark Renewal starts from Rs. 2,999/-.
Frequently Asked Questions
1. When do I need to apply for Trademark Renewal in India?
An online application for renewal of Trademark in India shall be made no earlier than 1 year before the expiry of 10 years from the date of application. The application of Trademark Renewal after the expiry of a period of 10 years can be made only by payment of additional fees. Hence applying for renewal 6 months prior to the expiry date is ideal.
2. What if the trademark expires?
You can apply for the restoration of an expired trademark within 6 months from its expiry date to keep using it. But the delay of 6 months can be risky and shall attract additional fees and documentation.
3. What is the difference between a trademark registration and a trademark renewal?
Trademark Registration is a long process that takes a number of documents and requires more time than the renewal. A renewal is basically for continuing your ownership and use of the trademark, while registration is the initial process to get its exclusive ownership. After completion of every 10 years, the trademark needs to be renewed.
4. What are the consequences of failure to renew the trademark?
In the case of non-renewal, the consequences are severe. Because the trademark would be removed from the register and any other person can claim it and get it registered to their name.
5. When to file a renewal of trademark?
The Trademark renewal can be done anytime within 6 months of expiration of 10 years of trademark registration. Any further delay above 6 months will attract extra fee. If the renewal process is not completed within 12 months of expiration of trademark, the trademark will be removed from the trademark register.
6. Is the trademark valid outside India?
Trademarks are usually territorial and are valid only in the country where they are filed. However, one can file for registration separately in individual countries, which can be an expensive proposition or you can submit an application via WIPO or CTM for registration across multiple countries
7. Whether there will be any changes in the rights after renewal of trademark?
Trademark renewal does not create any changes in the rights of the trademark holder. As long as the trademark is valid, the trademark holder would enjoy all the rights that he/she acquired during the primary registration.
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