GET FREE CONSULTATION!
What Is Trademark Renewal?
Once the registrar approves the trademark registration, it will be valid for ten years. In between these ten years, nobody can object to the ground of validity. The applicant may apply for the renewal of his registered mark after the expiry of ten years. However, the filing of the renewal application is the discretion of the applicant or registered owner. The owner may not apply for the renewal of such a mark. If the applicant wants to renew his trademark, then he shall apply for renewal six months before the expiry of the validity period of the mark in the prescribed form along with specified fees. Unlike the company registration, the trademark is registered only for 10 years and before the expiry of this period the renewal application has to be made otherwise the examiner will remove the name of the brand from the list of the registered trademark.
Moreover, if applicants fail to file the renewal application, then the registrar will remove that mark from the list of a registered trademark. After submitting the renewal application, the mark again gets the validity for successive periods of ten years. For providing facility to the applicant the grace period of six months is available along with renewal fees and subject to the payment of the prescribed surcharge.
The applicant can file the renewal application either for renewing the same mark or at the same time can apply for some changes in the trademark or logo or any other content. After receiving the renewal application, the registrar will examine the request and will proceed with the renewal process. Once the registrar accepts it, it will be published in the official gazette, i.e., in the journal for seeking the third party objection. If it receives no opposition by the registrar and from any third party, then it will again get the validity of ten years. The registrar may reject to renew the trademark if it is against the public interest or hurts the religious sentiments of any class of citizen of India. It is always good to take professional assistance for filing the trademark renewal application as it took time as well as have to submit according to the prescribed law and rules.
In the current scenario, the renewal application will be submitted in FORM TM-R.
What Do You Get In Trademark Renewal
Documents Required For Trademark Renewal
ID PROOF
PAN Card, Adhaar Card, Voter Id Any one ID Proof
POWER OF ATTORNEY
Duly Signed TM 48
APPLICATION NUMBER
Trademark Application Number
Process Of Trademark Renewal
Step 1 - Submit Documents
For filing the renewal application, you need to give us all the details related to your registered trademark which you need to renew. We will provide you with a few documents including power of attorney in which you need to fill your details and sign it and revert us.
Step 2 - Drafting Renewal Application
According to your given information, we will prepare your trademark renewal application in form “TM-R” and will send you the preview for obtaining your confirmation before filing.
Step 3 - Form Filing
After seeking your confirmation, our attorney will submit your renewal application and make the payment for the renewal. After presenting the renewal application, the registrar will examine the application.
Step 4 - Government Approval
After receiving the application, the registrar will examine the provided details, and after that, he will publish it in the journal.
Let our experience be your guide
trademark Renewal Online Starting @ 12499/-
Frequently Asked Questions
What is the time limit for filing a renewal application for a trademark?
The applicant has to file the renewal application within six months before the expiry of the validity of the name. if the applicant fails to renew the name, the name will get expired and the registrar will cancel such name from its register and if the applicant wants to re-use such name after getting expired than he has to file a fresh application for it and has to start the process from the first stage.
What is the effect if a trademark renewal application is not filed?
It is optional to file renewal application but if the applicant fails to file the renewal application then the name will get expired and the applicant will no more be the owner of that mark and he will not be authorized to use such mark as a registered mark.
Is there an extension available if the applicant fails to file an application for renewal of trademark on prescribed time?
Yes, the applicant can file the renewal application within six months after the expiry of the name. Although the applicant has to file the renewal application within 6 months before the expiry of name or the mark but the applicant can also restore the name by applying with prescribed fees. The restoration application has to made within one year from the expiry of the name.
Can a renewal application get objected by the registrar of the trademark?
After receiving the application for renewal of trademark with requisite fees the registrar will again accept and advertised it in its official gazette if no opposition for such renewal or restoration is received from the third party the mark will again get registered for the period of next 10 years.