TRADEMARK RENEWAL
| Basic | Advance |
|---|---|
| ✔ Application Filing Form TM-R | ✔ Application Filing Form TM-R |
| ✔ Application Filing With Modification | |
| ✔ Objection Reply | |
| ✔ Professional Consultancy |
Trademark Renewal
Trademark Renewal in India – Complete Guide at Bharat eFiling Point
Overview
A trademark is a vital business asset that protects your brand identity and builds trust with consumers. Once registered, a trademark is valid for 10 years in India and must be renewed periodically to maintain its legal protection and ownership rights. At Bharat eFiling Point, we provide end-to-end support for timely and hassle-free Trademark Renewal across India.
Trademark renewal is essential to retain exclusive rights, prevent removal from the Trademark Register, and avoid unnecessary legal disputes. Failing to renew a trademark can lead to loss of rights, leaving your brand vulnerable to misuse or infringement by others.
Key Points of Trademark Renewal in India
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Validity Period
A registered trademark in India is valid for 10 years from the date of application and can be renewed for successive 10-year periods. -
Renewal Window
The renewal application must be filed within 6 months before the expiration date to avoid late fees or removal from the registry. -
Forms and Documentation
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Form TM-R must be submitted along with the prescribed fee.
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Documents include the registration certificate, power of attorney (if filed through an agent), and ID proof of the trademark holder.
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Grace Period
There is a 6-month grace period post-expiry during which you can still renew with a surcharge. If not renewed within this window, the trademark is liable to be removed from the register. -
Restoration of Trademark
If the grace period lapses, you must file for restoration with additional fees and justification for the delay. However, restoration approval is at the discretion of the Registrar. -
Renewal Types
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With alteration of any detail (such as ownership update or logo redesign).
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Without alteration, continuing the trademark as-is.
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Advantages of Timely Trademark Renewal
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Continued Legal Protection
Renewal ensures uninterrupted protection from infringement and misuse of your brand assets. -
Preservation of Brand Value
Renewing your trademark maintains your brand identity and market presence without disruption. -
Business Confidence and Credibility
A valid, renewed trademark enhances customer trust and investor confidence in your brand. -
Right to Take Legal Action
Only a registered and valid trademark owner can take legal recourse in case of brand misuse or imitation. -
Transferability and Licensing
A renewed trademark can be sold, licensed, or franchised, making it a valuable commercial tool. -
Protection Against Competitors
Trademark renewal prevents others from registering a similar name, symbol, or logo under your category.
Why Choose Bharat eFiling Point for Trademark Renewal?
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Expert Guidance through every step of the renewal process.
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On-time Alerts to ensure you never miss renewal deadlines.
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Quick Filing and document handling with experienced professionals.
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Affordable Pricing with transparent costs and no hidden charges.
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Nationwide Service for individuals, firms, and companies of all sizes.
Trademark vs Patent vs Copyright
| FEATURES | TRADEMARK | PATENT | COPYRIGHT |
|---|---|---|---|
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Documents Required for Trademark Renewal in India
For the renewal of a trademark in India, the required documents include:
- Copy of Registration Certificate: This is the original certificate issued upon the registration of the trademark, serving as proof of trademark ownership.
- Identity Proof of the Proprietor of the Trademark: This could be any government-issued identity document such as a PAN card, Aadhar card, passport, or voter ID, verifying the identity of the trademark owner.
- Address Proof of the Proprietor of the Trademark: Similar to identity proof, address proof documents like utility bills, bank statements, or any government-issued address document are required to verify the address of the trademark owner.
- Power of Attorney in Form TM-48: This is a legal document authorizing a Trademark Agent or Attorney to act on behalf of the trademark owner for the renewal process.
- Copy of TM-A: The original application form (Form TM-A) used for the initial trademark application needs to be submitted. This form contains the details of the trademark application and is necessary for the renewal process.
These documents collectively ensure the successful renewal of a trademark, maintaining the legal protection and rights granted to the trademark owner. The renewal process can be initiated online or through physical filing, with the option to renew the trademark for another ten years, ensuring continuous protection and exclusive rights over the trademark.
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Trademark Renewal FAQ’s
What is a trademark?
A brand name is a particular marker that recognizes items or administrations from contenders. It can incorporate images, plans, articulations, or recognizable highlights related with a particular brand.
Why should I register my trademark?
Why is trademark renewal important?
How often do I need to renew my trademark?
Is there a grace period for trademark renewal?
How can I initiate the renewal process?
After renewing, how long will my trademark be valid?
Trademark Renewal in State
Other Bharat eFiling Point – Trademark Services
Why Trademark Renewal in India Is Important
Trademark renewal is a crucial legal process that ensures the continued protection and exclusive rights to your registered brand identity. In India, a registered trademark is valid for 10 years and must be renewed every 10 years to maintain legal rights and protection. Here’s why trademark renewal is essential:
1. Continued Legal Protection
Trademark renewal ensures your brand remains protected under the Trade Marks Act, 1999. Without renewal, your trademark may be removed from the register, leaving it vulnerable to infringement.
2. Prevents Loss of Ownership
If a trademark is not renewed on time, the rights granted to the original owner expire. This means anyone else could apply for a similar or identical mark, and you may lose your brand identity legally.
3. Maintains Brand Value
Your trademark represents the goodwill, reputation, and market recognition your business has earned. Renewal preserves these brand values and helps retain consumer trust and loyalty.
4. Avoids Legal Complications
Failure to renew a trademark can lead to disputes, especially if others start using a similar brand name. Renewing on time prevents unnecessary legal challenges or litigation.
5. Retains Exclusive Rights
Timely renewal allows you to maintain exclusive usage rights, including legal action against infringers, licensing opportunities, or brand franchising.
6. Supports Business Expansion
A renewed and active trademark is essential for entering into new markets, forming partnerships, and attracting investors, as it reflects a stable and well-maintained brand.
7. Saves Time and Cost
Renewing a trademark is easier and more cost-effective than applying for a new registration or restoring an expired one. Restoration involves additional paperwork and penalties.
8. Ensures Use of ® Symbol
Only renewed and active trademarks can use the ® symbol, which reinforces your brand’s authenticity and legal status in the marketplace.
9. Eligible for International Protection
A valid and active trademark in India is a prerequisite for international trademark registration through global treaties like the Madrid Protocol.
10. Preserves Business Legacy
For long-standing businesses, a trademark represents the company’s heritage and legacy. Regular renewal ensures that your legacy continues uninterrupted for generations.
Brand name enlistment safeguards your privileges to utilize the imprint and gives lawful plan of action against encroachment. It stays substantial for a long time, with the choice to endlessly recharge.