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Trademark Renewal

    Trademark Renewal

    A trademark as stated earlier is any unique expression related to a product or service that separates it from others. A registered trademark has the validity of 10 years. After that it requires renewal. If you fail to renew it, you do not need to be afraid, as you will get a prior note at your registered office about the renewal of your trade mark and also you can renew the Trademark Registration Online. Companies typically forget to renew their trademark. So, 6 months before expiry, the Registrar reminds them of the same. We at Heyadvisor help you in the renewal of your trademark.

    Advantages of Trademark Renewal

    • Legal Security: You can establish your rights in court if you think your registered trademark has been violated.
    • Enhance business chances: Trademark is an intangible asset that enhances your business chances. Through licensing deals or even passing ownership to interested or participating parties, many businesses can gain tremendous royalty income.
    • Unique identity remains protected: Trademark helps you in protecting your unique identity and hence the renewal of your trademark is mandated in order to maintain your unique identity.
    • Extension of ownership rights: Trademark renewal helps you protect from infringement of rights over the brand name. Unique control to a trademark is renewed for a term of 10 years after each renewal. Therefore, it provides a permanent protection of your brand and goodwill created by the brand.

    Trademark Registration Online

    Trademark Renewal Process

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      Documents Required for Trademark Renewal in India

      Power of Attorney

      Copy of form TM-A

      Copy of Registration Certificate

      Photo ID and Address Proof of the Applicant

      What do you get

      Acknowledgement

      An acknowledgement copy along with govt fee Challan

      FAQs for Trademark Renewal

      An application for Trademark Registration Online or for renewal of Trademark in India shall be made no earlier than 1 year before the expiry of 10 years from the date of application. The application of Trademark Renewal after the expiry of a period of 10 years can be made only by payment of additional fees. Hence, applying for renewal 6 months prior to the expiry date is ideal.

      The Registry of Trademark may condone the period of delay for renewal of trademark by 6 months after the expiry of 10 years. Online application for Trademark Renewal in India can be made after the expiry of 10 years with a payment of additional fees.

      An online trademark renewal application shall be made with the help of Registered Trademark Attorney in India with the payment of the renewal fee and additional or late fee (as applicable). A trademark renewal request can be filed six months prior to the date of trademark expiry. Before the expiry of the trademark, the registrar sends a notice to the owner regarding the expiry and the renewal fees and conditions. In case of lapse, the trademark gets removed from the register. An extended period of six months post-expiration is given in case one misses the deadline along with an additional late fee.

      You can apply for the restoration of an expired trademark within 6 months from its expiry date to keep using it. But the delay of 6 months can be risky and shall attract additional fees and documentation.

      Trademark Registration is a long process that takes a number of documents and requires more time than the renewal. A renewal is basically for continuing your ownership and use of the trademark, while registration is the initial process to get its exclusive ownership. After completion of every 10 years, the trademark needs to be renewed.

      In the case of non-renewal, the consequences are severe. Because the trademark would be removed from the register and any other person can claim it and get it registered in their name.