Duration to renew a Trademark

Forms
The following forms must be provided for renewal of a Trademark along with the allotted fee

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    Documents Required For Trademark Renewal

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    • Form-48

    Duration to renew a Trademark

    • The renewal can be filed within one year prior to the date of expiryas per rules 57 and 58 in Trade Mark rules 2017.
    • The renewal can be filed within six months prior to the date of expiryas per rules 63 and 64 in Trade Mark rules 2002.
    • The renewal can also be filed within six months after the date of expiry.

    Negligence to renew a mark within six months after the date of expiry will lead to the removal of the mark from the Register of Trademarks.

     

    Form No. Purpose Cost
    (physical filing)
    Cost
    (e- filing)
    TM-R Application form for renewal of a registered trademark to be used 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 Affidavit in support of the statement of the case

     

    Mandatory notice from the Office of the Registrar of Trademarks

    The Office of the Registrar of Trademarks will send a notice six months prior to the proprietor informing about the deadline for renewal of the trademark. Upon non-renewal of the trademark within the stipulated time, the trademark will be removed from the Register of Trademarks.

    However, the Trademark can be restored by filing an application along with the required fee.

    Duration to restore a Trademark

    • Trademark can be restored after six months and within one yearfrom the date of expiration of the last registration of the mark.

    Forms

    The following forms must be provided for renewal of a Trademark along with the fee.

    Form No. Purpose Cost
    (physical filing)
    Cost
    (e- filing)
    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 in support of the statement of the case

    The following members can file the applications for renewal or restoration
    • The proprietor of the registered trademark
    • An agent associated with the registered trademark

    Fees

    BASIC
    Rs 1,899 only
    • Renewal of Trademark application

     

    faqs

    frequently asked question

    The application for trademark renewal needs to have these documents attached a copy of the registration certificate, power of attorney, ID and address proof of the applicant, and a copy of the TM 1 form.

    The trademark registration is an asset for the company under this a word or visual symbol is used by a business to help them distinguish the goods and services from that other similar goods and services. Thus, renewing a trademark is always beneficial.

    A trademark renewal application should be made six months before the expiry of the registration. An application is to be made with the payment of fees.

    A trademark can be restored after the expiry within 6 months to keep using it. An application is to be made for the same.

    The trademark registration helps an individual obtain exclusive rights for the use of words or symbols. Whereas the Trade renewal helps in continuing the ownership and use of the trademark.

    Trademark registration is valid for 10 years, the process of renewal begins after the period of expiry

    In case if the trademark registration is not renewed the trademark would be removed from the register and any other person claim and get it registered to their name.

    Renewing a trademark does not create any changes in the rights of the trademark owner. A long as the trademark is valid the trademark holder can enjoy all the rights that he or she has acquired while registering.

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