Trademark Renewal.
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What is a Trademark Renewal?
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.
1 – 3 months before the expiration of the registration, if no application for renewal has been filed, then the Registrar shall send a notice to the proprietor informing him of the upcoming renewal date. Keep in mind that no trademark can be removed, if notice of renewal has not been served.
Along with the application for the renewal, the proprietor has to pay renewal fees as prescribed. Failure to pay such fees will cause the removal of the Trademark from the register.
Renewal of a Trademark
A Trademark’s validity is limited up to 10 years. After that, it must be renewed if you want to continue with the legal protection for your asset.
Trademark renewal request must be filed within 6 months prior to the expiration of the registration. You will receive a notice of a reminder about the expiry of your trademark registration from the registrar of trademarks. The letter will include the conditions of the expiration and the payment of the fees required for the trademark renewal. If the registration or renewal is not obtained as mentioned in the conditions, the Registrar will remove your trademark for the official Trademark Register, known as the Trademark Journal.
You’ll have 2 ways to renew your trademark registration.
- Application for renewal without any changes.
Application for renewal with changes and alteration to any sign or words in the existing trademark - You need to file a TM-R form which can be filed by an authorised representative or agent. There’s no need of the registered owner of the trademark to be involved whatsoever.
Once the application is approved, the trademark will be republished in the official Trademark Journal. It will give the owner further legal protection on his/her asset while extending the trademark registration duration for another 10 years.
Notice from the Office of the Registrar of Trademarks
The proprietor informing about the deadline for renewal of the trademark by Office of the Registrar of Trademarks will send a notice six months. the trademark will be removed from the Register of Trademarks.
Though, the Trademark can be reinstated by filing an application along with the obligatory fee.
Duration to Restore a Trademark
Trademark can be restored after six months and within one year from the date of expiration of the last registration of the mark.
The following members can file the applications for renewal or restoration
- The proprietor(Person) of the registered trademark.
- An proxy associated with the registered trademark.
Basic
- 2 Digital Signature 1
- 2 DPIN
- LLP Deed Drafting
- Incorporation Fees
- 1 Lakh Capital
- PAN & TAN
- Certificate of Incorporation
Standard
- 2 Digital Signature 1
- 2 DPIN
- LLP Deed Drafting
- Incorporation Fees
- 1 Lakh Capital
- PAN & TAN
- Certificate of Incorporation
- ISO Certificate 2
- MSME Certificate
- GST Registration
- GST Invoice Software 3
Premium
- 2 Digital Signature 1
- 2 DPIN
- LLP Deed Drafting
- Incorporation Fees
- 1 Lakh Capital
- PAN & TAN
- Certificate of Incorporation
- ISO Certificate 2
- MSME Certificate
- GST Registration
- GST Invoice Software 4
- Website Design 5
- Trademark Registration
- Logo & Letterhead
