Trademark Renewal

What is Trademark Renewal?

If you are searching for a trademark renewal service then you have come to the right place as ApkaTax offers reliable and affordable trademark renewal services in India. It is necessary to renew the trademark every ten years. It is submitted at least six months before the expiration date of the trademark. 

If you want to enjoy ongoing trademark protection without any risk of penalties, then you must submit the written renewal application within the deadline. If you fail to renew it within the deadline, the registrar has the power to issue a notice in the Trade Marks Journal informing the proprietor to withdraw the trademark. This renewable document must be submitted within one year of expiration. 

What are the Benefits of Trademark Renewal?

• Legal Protection: If your registered trademark has been infringed in this case, you don’t need to worry about it as trademark renewal service provides the right to move to court for justice. 
• Protect Brand Identity: Registering your trademark is the necessary step for building reliability and good connections with customers and other businesses in the market. It protects your business from copycats. 
• Enhance your Business: Trademark renewable serves as a valuable intangible asset that helps your brand to be successful in the market like Tide, Nestle, or McDonald's. Businesses can generate substantial revenues through licensing agreements or even by selling ownership stakes to interested parties.

What Documents Required for Trademark Registration?

• Verification of registered trademark owned by the proprietor or owner (Submission of the Registration Certificate copy).

• Evaluation of the commercial use intent and determination for eligibility (Submission of Proof of the same).
• Proprietor or owner (Submission of the Registration Certificate copy).
• Conduct a thorough trademark search in the established and licensed trademark database.
• Provide a Power of Attorney granting representation rights to the Applicant.
• Submit a copy of the trademark registration application form (Form TM-A).
• Provide address proof and a photo ID of the Applicant.
• Prepare and obtain a renewal application to meet the requirements.
• Seek legal counsel to address potential trademark conflicts and provide evidence of such conflicts.

What is Trademark Renewal Process?

• Trademark Search: Before applying for the trademark renewal you need to check the registration carefully that no similar or identical has been registered on the Indian Trademark Office's website.
• Application for Renewal: You can apply for the trademark renewal directly at the trademark office or online through the Trademark Office's website. The additional fees of the renewal application can be submitted either six months before the trademark's expiration or within six months after it has expired. 
• Publication in Trademark Journal: After reviewing the renewal application, the trademark will be published in the Trademark Journal.
• Application Review: Once your renewal application is submitted. The Trademark authority will verify your all required information as per their terms and conditions.
• Opposition Period: Third parties have a four-month window from publication in the Trademark Journal to raise objections to the trademark's renewal.
• Renewal Certificate: If there is no objection to your renewal trademark application and all information and documents are verified by the trademark office, they will issue a renewal certificate without any delay. 
• Payment of Fees: At the end, you need to pay the requisite fees to complete the trademark renewal process according to the terms and conditions. This can be done either directly at the trademark Office or electronically through the Indian Trademark Office's website.

What is Restoration of Trademark Renewal?

If you have so much work and forgot to apply for the trademark renewal within the deadline. In this case, you don’t need to worry about it as there is still an option available for you. If you fail to renew your trademark license then try to restore it. Section 25(4) of the Trademark Act, of 1999 allowed the restoration of the trademark, where people can apply for the restoration of the trademark. 

Restoration of a trademark can be applied within one year of the expiry date of a registered trademark. It also includes the additional fees over the trademark renewal fee of: 

• Through physical mode, you need to pay 10,000 rupees 
• Online you need to pay 9,000 rupees

FAQs