For developing new products and methods, brand names, content, etc. there is always a need of huge investments and resource-intensive. Hence, the expectation of the individuals or entities producing them must have particular rights over their creation to the exclusion of others. Intellectual Property systems and laws provide this individuality.
There are certain forms of IP like trademark through which the right to control is born, the day the work is produced and registered. Though registration is not mandatory but gives some benefits and advantages like serves as prima facie proof of the owners by making it simpler to enforce the IP right in court. Otherwise, the registered owner will have to go through a long process to justify the fairness that the IP belongs to him in case IP is used illegally. After 10 years it requires renewal. A prior notice is sent to Registered Office regarding the renewal of the trademark as usually companies forget to renew their trademark So they are informed by the Registrar regarding the same before 6 months of expiration. If no action is taken, then Registrar issues a statement stating that the trademark would be removed from Trade Mark Journal.
Legal Window has team of experts providing you the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to renewal of Trademark .You may get in touch with our team on 072407-51000 or email email@example.com Trademark Renewal.
Documents Required for Trademark Renewal
Process of Renewal of Trademark
1. Complete Questionnaire
We will provide a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the renewal of trademark.
2. Submitting Documents
The next step is to submit the documents and to begin with this step we will use the information as provided by you along with the sign documents. These documents will give us the authority to file your trademark application on your behalf.
3. Preparation of TM Renewal Application
After receiving the relevant information as well as the signed documents we will move towards preparation of your trademark renewal application in TM-R. Once the trademark renewal application is ready, we will share with you (soft copy) the draft application which is also known as a preview of a trademark renewal application for your review. Once the draft is being confirmed from your side we will present the same application to the trademark registrar after it is digitally signed by the attorney.
4. Trademark Challan
It usually takes 2-3 days for filing a renewal trademark application with the Registrar. Upon the successful submission of trademark Application to the registrar; we will provide you with the trademark application which will be in TM-R form along with the copy of challan.
The copy of challan contains the trademark application no., date of filing and applicant name along with attorney name, which serves as a proof that the application is successfully submitted to the registrar and is pending under the governmental process.
5. Trademark Renewed
At last we will share the acknowledgement of the renewed trademark.
Get Trademark Renewal starting from ₹10,000/-
Timeline for Renewal and Restoration of Trademark
There are certain timelines laid down for the Trademark renewal and restoration. One has to renew the trademark within the timeframe prescribed so that the applicant can get the benefit of the trademark. Different fees structure is defined for every case.
|Trademark Renewal can be done within one years prior to the date of expiry||Trademark Renewal can be done within 6 months prior to the date of expiry||Trademark can be renewed within 6 months of the date of expiry||Trademark can be restored by filing an application after six months and within one year from the date of expiration of trademark.|
FAQs on Trademark Renewal
It shall be made no earlier than the one year before expiry of 10 years from the respective date of application. The application for Renewal of Trademark after the expiry of a period of 10 years can only be made by payment of an additional fees. Hence one must apply for renewal 6 months prior to the expiry date.
Application for the restoration of an expired trademark can be made within 6 months from its expiry date to keep using it but in case the delay of 6 months can be a risky option and shall attract additional fees and documentation.
No, it doesn’t create any changes in the rights of the trademark holder as long as it is valid a trademark holder has all the all the rights to enjoy that he/she acquired through the primary registration.
Yes, if the Registry of Trademark condones the period of delay for renewal of trademark by 6 months after the expiry of 10 years by filing an Online application for Trademark Renewal after the expiry of 10 years with a payment of additional fees.
In case of non renewal any other person can claim for the same.