Everything You Need To Know About Trademark Renewal In India

  • April 07, 2016
  • Update date: November 20, 2024
  • Dushyant Sharma

A trademark can be renewed in India for an unlimited period provided the trademark renewal fees India is being paid on a timely basis. Each trademark renewal is valid for 10 years. If a person fails to renew the trademark then the mark becomes liable to be removed.

Therefore, renewal on a time to time basis is very important especially when there is a portfolio of trademarks which needs to be managed. There could be serious irreparable repercussions if one fails to meet the timeline. But don't worry, renewal requests can also be filed within six months after the expiry of registration or renewal as the case may be in the prescribed manner along with late filing fees. So, let’s understand how to renew the trademark which is a core part of Trademark Management:

Trademark Renewal in India

Trademark Renewal is essential for maintaining the validity and protection of a registered trademark in India. Trademarks are valuable business assets, and the renewal process protects them against Infringement and misuse.

Trademark Renewal Online can be done in two ways:

  1. One can apply renewal to change in any sign or words in the existing trade mark; or

  2. One can apply renewal without any change.

Why must you apply for Trademark Renewal before its expiry?

Every registered Trademark owner must apply for timely Trademark Renewal due to the following reasons:

Maintains Brand Relevance in the Market

The validity of a Trademark is for ten years. After the period lapse, the trademark proprietor must renew the certification to remain in force. If you fail to renew the trademark, then you can suffer from loss of protection, making the logo susceptible to trademark infringement.

Safeguards against Trademark Infringement

If you renew your trademark, then you will get the exclusive rights to use it for the designated products and services. It will also prevent third parties or potential infringers from using a similar trademark.

Upper Hand in Case of Legal Disputes

An unrenewed Trademark is vulnerable to Infringement. Such a vulnerability can invite legal disputes for the proprietor. Trademark Renewal ensures that the Business continues using the brand logo without legal issues.

Authorizes Ownership of the Trademark in the Market

A renewed Trademark maintains its ownership with the original Brand. The renewal certification reinforces the owner's rights for its marketplace usage.

Preservation of the Brand Value in the Market

Every IPR of a Company, such as a Trademark, is a valuable asset to them. Such properties contribute to a company's brand value. Getting the Intellectual property renewed helps Corporates maintain their brand value. Such timely certification saves Trademarks from misuse and Infringement.

Final Words

In the ecosystem of the IPR Authority in India, the trademark renewal procedure is considered critical to ensure the protection and validity of a registered trademark. Therefore, every registered Trademark proprietor must maintain their exclusive ownership, thereby providing protection against Infringement and legal dispute avoidance.

Frequently Asked Questions (FAQs)

Q1. What is the trademark renewal cost?

A. The trademark renewal cost may differ depending on various factors, such as whether it’s renewed in a timely manner or late and whether it’s renewed online or in person. 

Q2. Which form needs to be filed for trademark renewal India?

A. Renewal application for trademark must be filed using Form TM-R. 

 

 

Last Update: 11-10-2024


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Dushyant Sharma
Author: Dushyant Sharma

Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.

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