Overview

All trademarks need to be renewed every ten years. To be precise if possible, a trademark renewal must be filed at least six months before the expiration of the registered trademark. Forms for trademark renewal must be prepared and filed before the cut-off date so as to enjoy continued protection of the trademark without litigation.

As a result, the trademark renewal includes the trademark term for another ten years. This is done by filing a TM-R with a fixed fee. 4000. The mark can be removed through trademark reinstatement. This becomes possible when a person fails to renew the trademark. Renewal is very important because it values ​​a trademark for a registered brand.

Importance of trademark rights

Those rights are protected by a registered mark only. If the registrar fails to renew the trademark, it will lose all protection that comes with the registration. It is necessary to note and remember that a registered trademark has the benefit of a legal presumption of ownership. This entirely means that the burden of proof is dependent on others and / or tries to elevate themselves.

Required documents

• Pre-existence of a registered trademark owned by the proprietor / owner (copy of registration certificate)
• The determination and intention of commercial use must be examined for eligibility (copies of the same proof).
• You should ensure that there is no trademark similar to executing a trademark search of well-known and licensed trademark databases.
• Power of Attorney to represent the applicant
• Address proof & Photo ID of the Applicant
• Copy of Application form for trademark registration – Form TM-A
• It is prudent to get a legal opinion for a feasible solution if there is a conflict of the trademark. (Copy of the Proof of Conflicted Trademark)
• Prepare and procure a renewal application and thereby comply with the suitable condition.

Process for renewal

Six months before or before the expiry date of trademark registration, the owner must apply for renewal of the registrar of trademarks in a prescribed form within the specified time. If no application for trademark renewal has been made, registration must be done one to three months before expiration.

Subsequently, the registrar must send a notice to the proprietor informing him of the upcoming renewal date. If renewal is not reported, you should note that no trademark can be removed. The owner must pay the trademark renewal fee, as well as apply for renewal. Renewal can be done in two ways, they are: -

• Renew Simple Trademark
• Renew the trademark with alteration / modification and alteration

• To apply for renewal of trademarks, form TM-R
• An authorized representative or agent can also apply. It does not need to be filed by the registered owner of the trademark itself. The trademark will be published in the Official Gazette of the Trademark Journal when the application is approved.
• If the renewal process is done physically, the cost of filing for renewal is Rs 10,000. And if done online through e-filing, it charges Rs 9,000.
• Form-18 is used to use the expected fee. The application is reviewed for excellence and quality before it is approved for renewal.

• Check Status

  It is important to check the status of the renewal application in regular intervals until the registrar has processed it - after the filing of the trademark renewal application. Trademark renewal requires a number of times tied to the applicant for the actions or response. Therefore, it is important to take the necessary action until registration and continuously check the status of the application.

• Trademark Journal

  The Trademark Journal is considered an official gazette of the Office of the Trademark (Registrar). A trademark is promoted in the trademark examiner if the trademark examiner confirms and confirms to the administrator that the application is appropriate. Third parties have a chance to oppose the registration of the mark while advertising the application.

• Trademark Termination

  There is still hope here, as you can apply for reinstatement if you do not apply for renewal of the trademark within 6 months after the expiration date. You can apply by submitting an application and paying the prescribed fee under Section 25 (4) of the Trademark Act, 1999. However, this can only be done within one year of the expiration of the registered trademark.

Servzone Renewal Process

A trademark is an important step in the context of core principles in the existence of a registered trademark. The trademark renewal application will be prepared with careful consideration, and plenty of time should be allowed for all stages of the process. It is advised that an attorney with 'trademark experience' should be appointed to prevent many of the potential potential pitfalls within the trademark renewal application.

Servzone states that you should get in touch with a trademark advisor to understand the need for trademark renewal. Basic information from your end will be mandatory to start the process. As soon as you send us your details, a legal representative will be contacted to learn more about your requirements. They will tell you about the procedure and the fee, which will depend on whether you need to renew or reinstate the trademark.

Our lawyers will begin preparing the relevant documents and work on your trademark renewal application. We will keep you updated on the recent status of your application, and within 4 to 5 months, you will receive confirmation that your trademark has been successfully renewed for the next ten years.

Benefits

You can quickly establish your rights in court only if you believe that your registered trademark has been infringed.

Registering your trademark is the first step towards ensuring the satisfaction of your customers by identifying your services or products with your brand. Subsequently, the law would then prohibit any similar word or slogan from being registered for any other goods or services.

If you want your brand to be successful, a trademark is an intangible asset that can be extremely valuable. Many companies can earn hefty amounts in royalties through licensing agreements or even for ownership interests or joining parties.

After the renewal of the trademark, on the brand name, anyone can benefit from infringement of their rights on ownership. It provides goodwill created by the brand and permanent protection of your brand.

If you follow the rules and renew your trademark on time, uninterrupted trademark protection is possible without the possibility of a lawsuit. Apart from the trademark owner, the renewal of the trademark makes it impossible for anyone to claim authority over the registered mark.

Protects the renewal of the trademark promise and the uninterrupted and continued protection of the brand name. Failure and failure to renew breaks the legal protection in the brand name.

In exchange for some monetary compensation, the trademark owner has the exclusive right to license or assign the registered trademark to another. You should take care of it; As a result, one can benefit from a registered trademark.

• Legal Safeguard
• Create a unique identity
• Create Business Prospects
• Extension of ownership rights
• Less chance for litigation
• Security for Brand Name
• Monetary Return

Some reason for failure.

The abridged way of not renewing a trademark is incredibly serious. The proprietor has not paid any fee for renewal, or no application has been made for renewal, the registrar may remove the mark from the register. For removal in the Trademark Journal, the registrar will first intend to remove the mark by advertising the notice before removing the trademark.

The let-down of renewal affects everyone who is either assigned or licensed to the trademark, not just the owner of it. Not renewing your trademark also affects your legal rights, which affects your legal status. it is because; A registered trademark has the advantage of exclusivity. Nevertheless, the main benefit of renewal is that it prevents other people from using your mark.

The trademark act makes a lot of sense, along with the owner's concerns. Therefore, they get another opportunity to renew the trademark within six months by filing the prescribed form [TM-10] with additional charges.

Why Servzone?

Servzone is one of the platforms that coordinates to meet all your legal requirements and continuously connects you with professionals. Yes, our clients are pleased with our legal service! Due to our focus on simplifying legal requirements, they have consistently treated us very well and provide regular updates.

Our clients can track progress on our platform at all times. If you have questions about the trademark renewal process, our experienced legal advisors are just a phone call away. Servzone will ensure that your communication with professionals is engaging and seamless.