Trademark Renewal Online, Fees, Period, Documents Required in India
Trademark Renewal, why consider for renewal of trademark after a period of 10 years? Why this should be done, you may ask. The limitation period for a registered trademark is of 10 years. The rights you are entitled with after trademark registration, can be lost without renewal process.
Trademark Renewal Period in India
Through trademark renewal you expand your rights for next 10 years. You have a protection assigned to you from violation of your rights. Through renewal, you are allowed to transfer the trademark to another person or company. Assignment or Licensing of trademark are extended with the renewal period.
EXPANSION OF BENEFITS.
- Seamless Trademark Protection.
Abiding by the rules of Trademark renewal, you face less issues with litigation matter. As your rights do not get suspended. If there is any breakage in renewal, it leads to breakage of the legal protection for you brand.
- Existence of a Unique Identity.
The unique trademark which is renewed, cannot be infringed by any party or competitor. This further extends your customers faith and the goodwill attached to your trademark.
What You Must Know About Trademark Renewal.
- It is recommended to take a professional help at first. This would solve the burden for renewal process.
- One is required to fill the form TM-12. A legal expert help, would ensure a smooth process for you. Since any tiny errors or disturbance made by you, would cause additional implications.
- This request must be filed before Six Months from the date of validity ending. When you wish to renew your trademark , you will be given 2 options-
- The first option, to renew the trademark as how it is.
- The second option, to renew the trademark with alterations. For this, form TM-R is to be filed.
- A watch on the status of the trademark should be kept. As the procedure requires a number of actions and responses, it is best suited if you take assistance for trademark renewal. Since if there is any mistake on your part, you incur cost as well as numerous procedures to comply with.
- After, renewal application is accepted by the Registrar an advertisement in the Trademark Journal is given. But, no opposition takes place by any party as done while trademark registration.
Documents Required For Trademark Renewal.
- You must possess a copy of trademark registration done by you.
- You must possess copies showing the intention for commercial use, which is examined for eligibility.
- You must proof trademark search has been performed and that no similar trademark exist as of yours.
- A representation must be made by the Power of Attorney.
- Your Address proof and Photo ID.
- You must possess a copy of application form that is FORM TM-A
- If there exist any conflict of trademark then, the copy as a proof of conflicted trademark must be provided.
- Make sure you comply with necessary conditions in order to prepare and procure renewal application.
Trademark Renewal Fees
Trademark renewal fees depends on the type of process OR business, generally it starts from 12,000 and may change accordingly, the fees for trademark renewal contains Application form for renewal, surcharge of registration of a Trademark, Affidavit and other charges and all these are applicable based on the type of businesses like Individuals, Proprietorships, Registered SMEs, Registered Startups and Company.
Consequences of Negligence to Renew the Trademark
Renewing the trademark was the last occasion handed to the possessor and no other window was bestowed by the registry of the trademark. The consequences of failure to revive the trademark are counter in nature. However, the register shall mandatorily take off the trademark from the register, If the holder fails to file the restoration application within the prescribed time or compensate the needful charges.
The said condition shall solely be practiced if previous notification has been served by the register by way of announcing the notification, meaning the purpose to remove the trademark from the register, in the Trademark Journal.
When the trademark is taking off from the register, the possessor loses all the rights hooked up with the same. The right to file for violation and guarding the brand from contending businesses would be discredited from the horizon of rights held by the possessor.
DON’T WORRY, WE GOT YOU COVERED!
Don’t lose hope if you fail to renew your trademark within the given time period. As restoration of trademark is possible under the Trademarks Act. Restoration must anyhow be done within a year of the trademark expiration period. We at VSK & Co Advocates in Bangalore and Hyderabad got you covered. We make renewal process a smooth go for you. From application, registration, keeping up to date about your trademark application, renewing your trademark, to the end process of it including trademark prosecution. You are always welcome and we are here to assist you through our responsible and attentive team, giving you hassle free solutions. For any queries and help Consult us at VSK & Co Advocates & Legal Consultation in Bangalore and Hyderabad.
