Trademark registration renders legal protection to the several types of intangible assets of an organization such as brand name, logo, emblem, expression, slogan, etc. It not only imparts a distinct identity to the brand by making it authentic; but also strengthens its presence in the target market.
Trademark registration comes with a limited validity of 10 years, after which it can be renewed through a legal procedure from time to time. A registered trademark creates the “legal presumption of ownership” which ensures complete protection and gives an edge to the owner while dealing with a dispute created by another party. In this blog, we will briefly explain the process of Trademark renewal registration.
Different Classes of Trademark Application in India
You can make the application for the trademark under the given categories, which are as follows:-
A trademark can be filed either as a multiclass application or as a single-class application-one class per mark. Filing a trademark via the multiclass application will cover several classes in a single application.
The trademark application for availing registration under a specific class is generally regarded as an ordinary trademark application. The application needs to fill Form TM-1 and submit the fees mentioned in the Trade Marks Rules of 2002.
On the contrary, an applicant willing to obtain registration under two or more classes needs to apply in Form-51. It’s worth noting that the authority will charge Rs 4000 for filing a multiclass application. This implies that if an applicant wishes to register the trademark under three distinct classes of the product via filing a single application in Form TM-51, he/she will be liable to pay Rs 12,000 alongside the application. Now let’s move to the next section that explains the process of Trademark renewal.
Read our article:Post Trademark Registration Compliances a Brand Should Do
What is a Trademark Renewal?
In India, the trademark registration remains valid for a period of 10 years. Once expired, the right to preserve the brand under the trademark act would dissolve and stays inactive till the point of renewal. Trade renewal is subjected to the basic condition that the renewal request must be made within 6 months of the expiration date.
In general, the registrar’s Office takes the initiative to inform the owner about the expiration of the trademark registration, this allows the owner to prevent needless hassles linked with the late filing related to the renewal application of the trademark.
MSME/ Startup/ Individual Application
The fees applicable to the online renewal of the one single classmark have been capped at Rs 4500. Meanwhile, the standard fees for maintenance of a single class tag are capped at Rs 5000.
The Company as Applicant
The government fee related to online registration of a single class trademark is Rs 9,000. The fees for the physical completion of a single class application is Rs 10,000/‐.
If the owner fails to respond to a letter sent by Trademark Registrar’s Office, then a notice is issued to the owner stating that the mark will be expelled from the Trademark Journal in case of failure to renew.
A briefing on the process of Trademark renewal in India
There are two ways to perform the trademark renewal process in India, those are:-
- You can opt to change any word or sign in the existing trademark
- You can apply without a change in the trademark.
The application can be filed either by the owner’s designated agent or registered owner. Take benefit of the following procedure to complete the process of Trademark renewal in India
- Visit the IP India portal and click on the Trademark application Tab
- Select File TM-R.
- Fill in all the blank fields with the legit information and upload the requested documents
- Tap on the Proceed button to continue.
- Click on the Submit tab
- The request for renewal will be shown in the section of the Payment menu.
- From the left side, select the Payment Menu followed by the Make Payment option.
- Portal will redirect you to the payment gateway. After submitting the payment, the portal will generate the acknowledgment slip which can print through a Print command located at the bottom right corner of the page.
- Users can head over to the Payment History from the Payment Menu and select “Receipt”.
How to Perform a Trademark Renewal Process after the Expiration of the Renewal Period?
If a certain trademark continues to remain unregistered for more than six months after the expiry, a separate trademark renewal procedure is bound to be followed by the applicant. In such cases, the individual has to submit the TM-13 form along with fees of Rs 5000.
Once the application is approved, the registrar shares the trademark in the trademark journal to invites objections from individual who has reason to believe that the trademark should not be renewed. If the registrar does not receive any objections in the given time frame then the mark will find its way to the register of the trademark. After this, the trademark becomes valid for 10 years and the owner can rejoice all the rights it carried as per the Trademark Act.
What are the Required Documents For Trademark Renewal?
- Copy of registered trademark.
- Power of Attorney to represent the Applicant
- Address proof & Photo ID of the Applicant
- Copy of Application form for trademark registration – Form TM-A
Conclusion
Trademark registration allows individuals to reap a strong market[1] presence for their brand. As long as the registration remains valid, the owner can exercise their right to sue the defaulters in case of infringement. However, such a right dissolves in the situation when trademark registration confronts the expiration. Section 25 in The Trade Marks Act, 1999 talks about the renewal of trademark registration and provides conditions related to it. Head over your queries related to process of Trademark renewal to the corpbiz ‘s associates to get the professional grade advice on the same.
Read our article:Trademark Renewal and Restoration in India
