A trademark is a unique symbol, word, or combination of both that differentiates a brand's goods or services from others. It provides a legal identity to businesses, ensuring that no other entity can use the same or similar mark. However, trademarks are not granted indefinitely. In India, a registered trademark is valid for ten years, after which it must be renewed to maintain legal protection. Trademark Renewal Online in India ensures uninterrupted brand exclusivity, preventing third parties from claiming or using the mark.
What is a Trademark?
A trademark is a form of intellectual property that consists of words, symbols, designs, or a combination thereof used to distinguish goods or services. It provides businesses with an exclusive right to use their mark in commerce, helping in brand recognition and preventing unauthorized use. Trademarks can be registered under the Trademarks Act, 1999, ensuring legal protection and enforcement against infringement.
What is Trademark Renewal?
Trademark Renewal Online in India is the process of extending the validity of a registered trademark after its initial tenure of ten years expires. If a trademark owner fails to renew the registration within the stipulated time, it can lead to the removal of the trademark from the register, causing the loss of legal rights. Renewal can be done either by maintaining the existing mark or by making minor modifications as per business needs.
Law for Trademark Renewal in India
The renewal of trademarks in India is governed by the Trademarks Act, 1999 and the Trademark Rules, 2017. Under Section 25 of the Trademarks Act, 1999, a registered trademark is valid for ten years and can be renewed indefinitely every ten years. If the renewal application is not filed within the prescribed period, the Registrar of Trademarks has the authority to remove the mark from the register. However, a grace period of six months is provided for late renewal with an additional surcharge.
Essential Conditions for Trademark Renewal
To successfully complete Trademark Renewal Online in India, certain conditions must be met:
The trademark must be actively in use or intended to be used in commerce.
The renewal application must be filed before the expiration date or within the grace period of six months.
Payment of the prescribed renewal fees and any applicable late surcharge.
Submission of necessary documents verifying ownership and continued use.
No legal disputes or objections should be pending against the trademark.
Documents Required for Trademark Renewal
The renewal process requires the submission of specific documents, including:
Trademark Registration Certificate – A copy of the existing registration certificate.
Copy of Trademark Application Form (TM-A) – The initial application for trademark registration.
Power of Attorney (if filed through an agent or attorney) – Authorizing a professional to handle the renewal process.
Proof of Identity and Address – Valid identity and address proof of the trademark owner.
Proof of Business Operations – Business incorporation certificate or any document establishing continued use of the trademark.
Renewal Application Form (TM-R) – The prescribed form for renewal.
Trademark Renewal Forms
The following forms are used in Trademark Renewal Online in India:
Form TM-R – Application for renewal of a registered trademark.
Form TM-18 – Affidavit of usage, required in some cases to prove the mark’s continued use.
Form TM-P – If changes are needed in the trademark details during renewal.
Purpose and Fees of Trademark Renewal
The purpose of trademark renewal is to retain exclusive rights over a registered trademark and prevent its removal from the official register. Renewal keeps competitors from using a similar mark and ensures continued brand identity and goodwill.
Trademark Renewal Fees:
For online renewal (within the due period): ?9,000 per class
For renewal with surcharge (within six-month grace period): ?4,500 additional fee per class
For physical filing: ?10,000 per class
Online Procedure for Trademark Renewal in India
The Trademark Renewal Online in India process involves a few straightforward steps:
Visit the IP India Website – The renewal application is processed through the official Intellectual Property India website (ipindia.gov.in).
Login to the Trademark E-filing System – The applicant must log in using credentials provided at the time of registration.
Select Trademark Renewal Option – Choose the option to file Form TM-R for renewal.
Fill Out the Renewal Application – Enter details such as the trademark registration number, owner details, and class of goods/services.
Attach Required Documents – Upload the necessary documents, including the Trademark Registration Certificate, Power of Attorney (if applicable), and proof of identity.
Pay the Prescribed Fee – Make an online payment for the renewal fee.
Submit the Application – Once submitted, an acknowledgment receipt is generated.
Examination and Approval – The Trademark Registrar reviews the application, and if found satisfactory, the trademark is renewed for another ten years.
Receive Renewal Confirmation – A new certificate confirming renewal is issued and updated in the official records.
Consequences of Not Renewing a Trademark on Time
Failure to complete Trademark Renewal Online in India can lead to severe consequences:
Loss of Legal Protection – The trademark loses its exclusive rights, allowing others to claim ownership.
Risk of Trademark Removal – The Registrar of Trademarks may remove the trademark from the register.
Increased Costs for Re-registration – If the mark is removed, re-registering it involves a fresh application process, which is costlier.
Legal Disputes – Competitors or third parties may file for registration of the same or similar mark, leading to legal battles.
Loss of Brand Value and Reputation – The inability to use the registered trademark may affect brand recognition and business credibility.
Why Choose CS Vijendra & Co?
At CS Vijendra & Co, we specialize in offering seamless Trademark Renewal Online in India services. With years of expertise in intellectual property rights and corporate legal advisory, we ensure hassle-free renewal processes, minimizing risks of removal and legal disputes. Our professionals handle everything from documentation, online filing, fee submissions, and liaising with the Trademark Registrar to secure uninterrupted protection for your brand.
Renewing your trademark is crucial for safeguarding your brand identity. CS Vijendra & Co ensures efficient renewal services, keeping you compliant with legal regulations and protecting your business interests effortlessly.
