Trademark Renewal Process In India

To ensure continued protection of your trademark in India, it is essential to follow the proper renewal process. Trademark registration is valid for ten years from the date of registration, and it must be renewed to maintain its legal status. Here is a detailed guide to the trademark renewal process:

The renewal application should be filed within 6 months before the trademark’s expiration date. However, if you miss this window, you can still file within 6 months after the expiration date, though a late fee will apply. It is advisable to file the renewal application well before the expiration to avoid any complications or potential loss of trademark protection.

To initiate the renewal process, you need to complete Form TM-R, which is the prescribed form for renewing trademarks. This form can be submitted either electronically through the Trademark Registry’s online portal or physically at the relevant Trademark Registry office. Electronic filing is generally preferred due to its convenience and faster processing times.

When preparing your renewal application, ensure that you provide the trademark registration number and the expiration date of the trademark. Additionally, you must submit a copy of the original trademark registration certificate. If the trademark has been in use, you may also need to provide proof of its use, such as advertising materials, sales invoices, or other relevant documentation.

The government fees for trademark renewal are ₹9,000 per class if filed electronically and ₹10,000 per class if filed physically. It is important to note that if you are filing after the expiration date, additional late fees will apply, increasing the overall cost of renewal. These fees are subject to change, so it is wise to check the latest fee structure on the Trademark Registry’s website or consult with a trademark attorney.

Once the Trademark Office receives your application, it will be examined for completeness and accuracy. The office may request additional information or documents if necessary. After a thorough review, and provided there are no objections or issues, a renewal certificate will be issued. This certificate confirms that the trademark protection has been extended for another ten years.

Maintaining timely renewal of your trademark is crucial to prevent lapses in protection and potential legal challenges. To navigate the renewal process smoothly and address any complexities, it is recommended to seek assistance from a trademark attorney or professional. They can provide valuable guidance, ensure that all requirements are met, and help manage any issues that may arise during the renewal process.

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