A trademark is utilized by a corporate to differentiate its goods or services from other analogous goods or services from a dissimilar trade. The trademark signs, symbols, tags, labels are characterized with an “R” at the end. A trademark can be listed under the Trade Marks Act, 1999. The trademark cannot be listed if it is found aggressive, non-unique and comprises government emblems.
The legitimacy period of the trademark in India is for a time duration of 10 years according to section 25 in the Trade Marks Act, 1999. The listed trademark can be restored for another 10 years with appropriate documentation and fulfilling the essential conditions. Let us have an overview of the processes for the renewal and restoration of trademarks.
Duration to Renew a Trademark
- The renewal can be filed within a time duration of one year preceding to the date of termination as per rules 57 and 58 in Trade Mark rules 2017.
- The renewal can be filed within a time duration of six months former to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
- The renewal can also be filed within a time duration of six months afterward the date of expiry.
Forms
The succeeding forms need to be served for renewal of a Trademark together with the agreed charge.
|
Form No. |
Aim | Charges (physical filing) |
Charges |
|
TM-R |
Application form for renewal of a listed trademark to be utilized by the registered proprietor | Rs.10,000 | Rs.9000 |
| Application for renewal with a surcharge of registration of a Trademark | Rs.5000 + Renewal fee |
Rs.4500 + Renewal fee |
|
|
TM-18 |
The affidavit supporting the statement of the case | – |
– |
Time Period to Restore a Trademark
Trademark can be restored post six months and well within one year starting from the date of expiration of the previous registration of the mark.
Forms
The subsequent forms must be delivered for renewal of a Trademark together with the charge.
|
Form No. |
Aim | Charges (physical filing) |
Charges |
|
TM-R |
Application for renewal with surcharge/ restoration and renewal of a Trademark | Rs.10,000 + Renewal fee |
Rs.9000 + Renewal fee |
|
TM-18 |
Affidavit backing the statement of the case | – |
– |
The subsequent associates can file the requests for renewal or restoration
- The proprietor of the registered trademark
A mediator related with the registered trademark
Paybacks from the Service
Documents Mandatory for Trademark Opposition
How do we work?
Step 1
Upload your details and make payment.
Step 2
Get a call from TM expert
Step 3
Expert will analyze and examine and make a report.
Step 4
Drafting of Trademark Renewal done
Step 5
Expert will send you the draft for approval.
Step 6
Congratulations! Your Trademark Renewal has been successfully applied.
Why Us?
FAQ For Trademark Renewal
A trademark is a sort of intellectual property that contains an identifiable symbol, design, or expression which recognizes products or services of a specific source from those of others, though trademarks used to ascertain amenities are usually termed service marks.
You can request for the restoration of a terminated trademark within a time period of 6 months from its date of expiry to continue using it. But the postponement of 6 months can be dangerous and will attract added fees and credentials.
Trademark Registration is a lengthy procedure that asks for a number of documents and needs additional time than the renewal. A renewal is fundamentally for enduring your ownership and use of the trademark while registering is the preliminary process to get its exclusive possession. After the conclusion of every 10 years, the trademark is required to be renewed.
In the instance of non-renewal, the outcomes are stark. As the trademark would be taken away from the register and any other individual can entitle for it and get it listed to their name.
The Trademark renewal can be completed anytime within a time period of 6 months of the expiration of 10 years of trademark registering. Any additional delay of more than 6 months will draw an extra fee. If the renewal process is not finished within 12 months of the expiration of the trademark, the trademark will be taken away from the trademark register.
In case the trademark looks like or invades any prevailing trademark or any other reason it might result in damage, in such instances the aggrieved party might file an objection to the surveyor and the surveyor may solve the matter depending upon the parties declarations and proofs. When the objection ascended the surveyor will inform the candidate and he needs to reply within a time period of sixty days, on failing to do so the applicant will be considered to be abandoned.
No, you are not needed to be physically present for the process, XYZ is an online catering platform. All you need for it is an internet connection in your phone/computer and the essential documents with you and we can get the task done no matter even if you are located at the remotest location of India