Updated on October 03, 2024 02:00:33 PM
A trademark is a crucial safety feature in your business identity that allows you as a company to legally protect special names, logos, and slogans that set your business in a highly competitive market. When you register for a Trademark, it assists you in coming up with a unique identifier of your products or services, one that does not resemble the ones claimed by others. However, it takes more than one time to make sure this protection is in place. Since trademarks have an expiration period of ten years from their registration date, Trademark Renewal is vital in ensuring and extending these valuable protections. By renewing your trademark, you act to uphold your brand’s identity and consolidate your market existence, so that your exclusive rights remain inviolate.
In this blog, we’ll discuss how to apply for renewal, documents needed, and the cost of renewal apart from explaining the penalties for those who do not renew their licenses. Taking action for the renewal of a trademark is not only a confirmation of the presence of a company’s brand, but it also is a procedure that becomes critical to avoid the situation when the trademark can be challenged or claimed for infringement. Knowledge of the trademark renewal process ensures that brand owners sustain good standing in protecting their brands and industries from invasions by competitors and rivals hence monopolizing the market as they are legally protected
Trademark is a name, term, symbol, design, formula, or device that allows a consumer to identify and differentiate one product or service from another. There is also the aspect of acting as an acceptable and recognized brand identifier by which consumers are able to easily identify and differentiate products and or brands in the marketplace. A trademark’s main function is to safeguard business identity and reputation against other market participants who might use a similar trademark that could confuse consumers.
Trademark registration gives the holder of the mark the lawful light to use the mark for the products or service it covers in front of the concerned government authority. They offer a form of legal shield which protects the brand from being used or duplicated by other parties with an aim of watering down the brand or deceiving the public. Besides preserving the image, trademarks are useful for business as they make the identification of a brand clearer, help attract and maintain customers, as well as add to the overall market value of the company.
Trademark renewal is a process that presents several significant advantages to companies. Here are the advantages of trademark renewal:
Exclusive Rights and Brand Protection
The renewal of a trademark restores ownership rights to a business, enhancing legal enforcement against unauthorized use by rivals. This exclusivity is important to create a niche in the market and to protect the reputation of the brand.
Maintenance of Registration Status
A renewed trademark proves the trademark remains valid and recognized by the relevant authorities since it was registered continously. Such a status is crucial for attesting the trademark’s legal rights.
Enhanced Brand Recognition
Redemption of the trademark enables and fixes the brands’ visibility to customers and viewers. It makes customers aware that the business is operating and that it cares for its brand image.
Stronger Legal Standing
When a trademark is registered then businesses have more legal standing for acting against the infringement. This ranges for instance the capacity to seek legal redress against competitors who may decide to use similar marks.
Enhanced Market Position
A renewed trademark helps strengthen a company’s market position since its brand will be on par with its competitors’. This in turn means more customer retention and better position among the competition since consumers will always prefer familiar brands.
The process of trademark renewal online in India passed through the following stages to make sure that the trademark remains apparently active and the exclusive rights to it are safeguarded. Here’s how the process works in detail:
In order to obtain all necessary documents for the trademark renewal one needs to submit the TM-R renewal application form, the original trademark registration certificate, identity proof and proof of address, and power of attorney if appropriate. Also, include any affidavit or other additional document as may be required for the completion of the renewal process
To renew a trademark in India it is obligatory to prepare and submit certain documents. These documents meet legal standards and also help in the renewal of the permits smoothly.
The fees charged in trademark renewal in India differ depending on the manner of filing. For online trademark renewal the fee is ₹9,000 per class and for physical filings the fees is ₹10,000. Renewals done at a later date attract penalties of ₹4,500 for e-filing and ₹5,000 physical filing.
| Filing Method | Fee (per class) |
|---|---|
| Online Filing (TM-R) | ₹9,000 |
| Physical Filing (TM-R) | ₹10,000 |
| Renewal with Surcharge (Online) | ₹4,500 + Renewal Fee |
| Renewal with Surcharge (Physical) | ₹5,000 + Renewal Fee |
| Restoration of Trademark | ₹9,000 + Renewal Fee |
Note:- Professional fee charges for Trademark Renewal is ₹1500 only with Professional Utilities
Trademark registrations are valid for 10 years and are perpetually renewable. It has to be renewed starting six months before the expiration date.
Trademark renewal in India is necessary in order to retain proprietary interest and safeguarding of brands. This can be done through filling Form TM-R, submission of required documents and making payment of renewal fee. A renewed trademark secures further exclusivity to the brand image, increases awareness and enhances legal backing in the case of violation. Non-renewal results in the removal of the trademark from the register but may be renewed within one year of the expiration of the registration. Through compliance with the renewal procedures, business organizations guarantee their positions on the markets, improve consumers’ loyalty and preserve the integrity of the brand for an additional ten years. The renewal should be regular since the brands require constant shields due to the constant competition present in the market.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
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Yes, it is possible to renew a trademark due to protection of its rights and to continue with the exclusive use of the trademark. Renewal is done before six months of the expiry date of registration to avoid penalties required for renewal of registration.
To renew a trademark, it is necessary to submit TM-R six months before the trademark registration expiration date. Enclose the necessary documents, remit the renewal fee and file with the Trademark Office. If late, a surcharge applies and must be applied within six months after the agreed expiry date.
The government fee for trademark renewal in India is INR 9,000 for filing a renewal application for one class. If the renewal is made with a surcharge, the extra amount charged is INR 4,500 which is processed along with the usual renewal fee.
A trademark comes with the provision for its renewal, and this can be done as frequently as one wants, after every ten years. Each renewal provides for the continued protection and staking of the mark as long as the renewal application is properly filed on time and with all the necessary paperwork.
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