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Posted on August 7, 2021
How to Renew your Trademark Online in India
The trademarks are the most valuable IPR that can be owned for the indefinite time provided the Renewal of Trademark is done on time. The validity of trademark registration is ten years from the date of making the application, that can be further renewed for 10 Years for any number of times.
The proprietor of the trademark has to file a prescribed form [TM-12], which is an application for renewal before the Registrar. This application can be filed on or before 6 months from the date of expiration of the registration.
- If you are a registered proprietor, you need to file the form TM-R to apply for renewal of your trademark
- The application may be filed either by you or by your authorized agent
- The form TM-18, along with an affidavit needs to be submitted in support of your statement
- You need to submit a trademark renewal fee of Rs 10,000 if you intend to do physical filing. For trademark renewal online, you need to pay Rs 9000 as the trademark renewal fee.
- The application will then be scrutinized for the correctness
- On being satisfied, the Trademark Registrar will issue a certificate of renewal in the name of the trademark owner.
- The renewal will be duly reflected in the Trademark Journal.
The validity of Trademark
The registration of the Trademark is valid for ten years from the date of making the first application, and the same can be renewed for any times for a term of another ten years.
A registered trademark in India expires after 10 years. But, it can be kept permanent by filing a trademark renewal application online or offline by paying necessary renewal fees every 10 years. This application has to be filed on or before 6 months from the date of expiration of the registration.
There is no procedure to revive or reinstate a lapsed or canceled registration, except in the unlikely event you filed the required forms and paid the mandatory fees, but the USPTO mistakenly did not process them in time.
Timeline to Renew The Trademark
The renewal application in TM-R with the standard trademark renewal fee in India of Rs 10,000/- can be filed starting one year before the expiry and until the registration has not expired. Once the trademark registration gets expired, you get another six months of grace period to renew the trademark registration with an additional fee of Rs 5000/-
Documents required for Trademark Renewal
Through the process of trademark renewal, various documents are needed. They are:
- Applicant details: Name, address, and nationality
- Business type and its objectives
- A copy of the brand/logo/slogan name
- Identity and business proofs
- Signed Form 48 by the applicant
- Class of trademark must be filed under the application
- In the case of a company or LLP, the incorporation certificate is needed
Process of Trademark Renewal in India
The trademark renewal is an online process that your attorney can complete within one day. The process is time-bound and quite technical, an early initiative on your part to renew the trademark would ensure smooth and cost-effective renewal of the trademark. The timeline to renew the trademark opens one year prior to the expiry of the trademark registration. You should ensure to file Form TM-R with a prescribed trademark renewal fee of Rs 10,000 within the due date of renewal of the trademark. We are available to assist you in renewing the trademark registration with ease and at the reasonable professional fee. Also Check our article: Trademark Rules For 2021