What is the Step-by-Step Process for Trademark Renewal in India?

What is the Step-by-Step Process for Trademark Renewal in India?

Trademark renewal is essential for maintaining your exclusive rights to a registered trademark. In India, trademarks are valid for 10 years from the registration date and must be renewed to retain protection. Failure to renew a trademark can lead to its cancellation, risking the loss of brand identity and legal rights.

This guide provides a step-by-step overview of the trademark renewal process in India, ensuring a smooth and hassle-free experience.

Why is Trademark Renewal Important?

1. Continuous Legal Protection
   • Renewal extends the legal rights to your trademark, protecting it from unauthorized use.
2. Preserve Brand Identity
   • Maintains your brand’s recognition and goodwill in the market.
3. Avoid Penalties
   • Prevents the trademark from being marked as abandoned by the Trademark Registry.

When Should You Renew Your Trademark?

• A trademark is valid for 10 years from the registration date.
• You can apply for renewal 6 months before the expiry of the trademark.
• A grace period of 6 months post-expiry is allowed with an additional late fee.

Step-by-Step Process for Trademark Renewal in India

Step 1: Check the Renewal Due Date

• Visit the Trademark Registry website: https://ipindia.gov.in.
• Use the Trademark Search tool to verify the registration details and renewal due date.

Step 2: Prepare the Renewal Application

• File the renewal application using Form TM-R.
• Include the following details:
  • Trademark registration number.
  • Name and address of the registered owner.
  • Power of attorney (if filing through an agent).

Step 3: Pay the Renewal Fee

• The renewal fee for a single-class trademark is ₹9,000 if filed online and ₹10,000 for offline filings.
• Late renewal within the grace period incurs additional charges.

Step 4: Submit the Application

• Submit the completed Form TM-R and required documents online through the IP India portal or offline at the appropriate Trademark Registry office.

Step 5: Receive Acknowledgment

• Upon successful submission, you will receive an acknowledgment receipt with the application number.

Step 6: Examination by Trademark Office

• The Trademark Office reviews the application for completeness and accuracy.

Step 7: Trademark Renewal Approval

• Once approved, the renewal is recorded, and the trademark is extended for another 10 years.

Documents Required for Trademark Renewal

1. Trademark Registration Certificate
   • Proof of trademark ownership.
2. Power of Attorney (if applicable)
   • Authorizing an agent or attorney to file the renewal.
3. ID Proof of the Applicant
   • PAN, Aadhaar, or passport.
4. Renewal Fee Payment Receipt

Consequences of Not Renewing a Trademark

1. Abandonment
   • The trademark will be marked as abandoned in the records.
2. Loss of Rights
   • You lose exclusive rights to the trademark, making it vulnerable to misuse.
3. Re-registration Challenges
   • Re-registering the trademark after abandonment is a lengthy and complex process.

Tips for Seamless Trademark Renewal

1. Track Renewal Dates
   • Keep reminders for the renewal due date to avoid last-minute delays.
2. Renew Early
   • Apply for renewal at least 6 months before the expiry to prevent additional charges.
3. Hire Professionals
   • Seek assistance from experts like TaxQue to handle the renewal process efficiently.

Frequently Asked Questions (FAQs)

1. Can I renew my trademark after it expires?
Yes, you can renew a trademark within 6 months of its expiry by paying a late renewal fee.

2. What happens if I miss the grace period?
If the trademark is not renewed within the grace period, it will be removed from the register and marked as abandoned.

3. Is renewal required for all trademark classes?
Yes, if your trademark is registered in multiple classes, renewal must be done for each class separately.

4. Can the renewal be done online?
Yes, trademark renewal can be completed online through the official Trademark Registry portal.

5. How long does the renewal process take?
The process typically takes 1–3 months, depending on the Trademark Office’s workload.

Conclusion

Trademark renewal is crucial for maintaining your brand’s legal protection and market presence. By following the step-by-step process outlined above, you can ensure a smooth and timely renewal. For hassle-free assistance with your trademark renewal, consider reaching out to professional service providers like TaxQue.