Trademark Renewal

Validity of Registered Trademark

Trademark once it gets registered in the Registers of trademark then it is valid for 10 years and subsequently it just needed to be renewed timely.

Validity
Duration

Duration to Renew a Trademark

There are two reasons when hearing notices can be issued



  • WITHIN 6 MONTHS BEFORE EXPIRATION - The renewal can be filed within six months prior to the date of expiry of trademark on receiving the electronically generated notice by the registry intimating about the renewal within the timeline. There will be no surcharge fee required.
  • WITHIN SIX MONTHS OF EXPIRATION - The renewal can be filed within six months after the expiry of registration or renewal in the prescribed manner along with late filing fees.
  • AFTER SIX MONTHS & WITHIN ONE YEAR OF EXPIRATION - The renewal can also be filed after six months and within one year from the date of expiration of the last registration of the mark.

Any further delay after six months and within one year of expiration of trademark is risky and attract more fees and documentation and in case if renewal is not completed within aforesaid period then it will lead to abandoned i.e. removed from the trademark register.

Once a trademark expires or abandoned then it becomes available in the public domain, and anyone can apply for registration and former applicant does not possess the right to oppose the new applicant who applying for abandoned trademark.

Document Required for Trademark Renewal

Following are the documents required for trademark Renewal:



  • A copy of the Registration Certificate
  • Power of Attorney
  • Aadhar card
  • Certificate of Incorporation(in case of LLP and company),
  • Shop establishment/GST Registration certificate for proprietor and partnership concern
  • Pan card of the Applicant
Documents
Notice of Renewal

Notice of Renewal

The Registry of Trademarks will issue a notice six months before the expiration to the applicant with indicating the deadline for renewal of the trademark. In case non-renewal of the trademark within the stipulated time, the registry will be removed such trademark from the Register of Trademarks. However, it can be restored by filing an application with the required fee.

Benefits of Trademark Renewal

  • Filing a renewal application for trademark gives trademark wings for another 10 years and again it must be renew before expiry which results in protecting your brand name and right appurtenant there to.
  • Renewal of trademark assist to continue the brand usage for indefinite period.
Benefits

What is Trademark?

  • A trademark is an intellectual property right which provides exclusive right to the brand of owner or business. A registered trademark is important intangible asset for any Business.
  • Trademark is a mark which may be in any of the form i.e. logo, slogan, word, name, device, graphics which gives unique identification to you and your business.
  • Trademark distinguishes its brand name under appropriate category of goods or services from other similar products or services originating from a different business. It gives a protective cover of the business's investment.

How often Trademark is needed to be renewed?

The Trademark is Valid for 10 years and can be made perpetual by renewing it in every 10 years.

Which documents are required for Trademark renewal?

Following are the documents required for trademark Renewal:



  • A copy of the Registration Certificate
  • Power of Attorney
  • Aadhar card
  • Certificate of Incorporation(in case of LLP and company),
  • Shop establishment/GST Registration certificate for proprietor and partnership concern
  • Pan card of the Applicant

When notice of renewal issued by Trademark Registrar?

The Registry of Trademarks will issue a notice six months before the expiration to the applicant with indicating the deadline for renewal of the trademark. In case non-renewal of the trademark within the stipulated time, the registry will be removed such trademark from the Register of Trademarks. However, it can be restored by filing an application with the required fee.

What are the advantages of Trademark renewal?

  • Filing a renewal application for trademark gives trademark wings for another 10 years and again it must be renew before expiry which results in protecting your brand name and right appurtenant there to.
  • Renewal of trademark assist to continue the brand usage for indefinite period.

When Trademark renewal can be filed?

  • WITHIN 6 MONTHS BEFORE EXPIRATION - The renewal can be filed within six months prior to the date of expiry of trademark on receiving the electronically generated notice by the registry intimating about the renewal within the timeline. There will be no surcharge fee required.
  • WITHIN SIX MONTHS OF EXPIRATION - The renewal can be filed within six months after the expiry of registration or renewal in the prescribed manner along with late filing fees.
  • AFTER SIX MONTHS & WITHIN ONE YEAR OF EXPIRATION - The renewal can also be filed after six months and within one year from the date of expiration of the last registration of the mark.

What is difference between Trademark and different form of Intellectual Properties?

A detailed comparative chart of difference between various forms of intellectual properties can be found at the end of this page.

Difference in Different Form of Intellectual Property Rights

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