Legal Darbar offers you the Trademark Renewal service which is the process of extending the validity of a registered trademark beyond the original 10-year duration. In India, trademarks must be renewed every 10 years to maintain their legal protection and exclusive rights. The renewal of application (Form TM-R) must be filed before the expiration date or within a period of six months for grace. Failure to renew can result in removal from the register, leaving the mark exposed to third-party claims. Renewal guarantees ongoing brand protection, legal enforcement, and ownership rights. If a trademark is renewed on time, it remains valid for an endless period. legaldarbar.com
Legal Darbar gives the best Advantages of trademark renewal:
1. Prevents trademark from expiration and loss of rights: Renewal ensures that the trademark is still legally valid and owned by the applicant.
2. Certified brand protection: Avoids the possibility of third-party actions or violation because of non-renewal.
3. Extends Exclusive Rights: The trademark owner retains the exclusive right to use and license the mark.
4. Prevents legal disputes: Protects against illegal use, reducing legal risks.
5. Improves Brand Value and Business Growth: A renewed trademark improves brand recognition, trust, and market position.
6. Enables Licensing and Franchise: It Can be utilized in commercial transactions such as licensing or franchising.
7. Indefinite Protection: A trademark may be renewed indefinitely every ten years.
8. Starts before expiration: To avoid fines, file within 6 months of the expiration date.
9. Grace period for late expiration: It will allow up to 6 months after expiry with an additional fee.
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10. Restoration Possible if Renewal is Missed: If not renewed, a trademark can be restored within 1 year after expiry.
11. Renewal Options: It can be renewed as is or with modifications (changes in class, owner details, etc.).
Importance of trademark:
12. Stops Trademark Expiration: The trademark is taken off the registry and made available to others if it is not renewed.
13. Guarantees Constant Business Identity: It preserves consumer confidence, goodwill, and brand reputation, which prevents further expenses and reinstatement hassles.
14. Compared to re-registering an expired trademark, which could potentially include legal action, renewal is more affordable.
15. Grants 10 More Years of Exclusive Rights: It guarantees exclusive ownership and use rights.
Types of trademark renewal included at legaldarbar.com:
1. Renewal without Modifications:
- The owner may file for renewal in its current form if they wish to keep using the trademark unmodified.
- Application for Trademark Renewal (TM-R) is the form.
- Validity is After the trademark expires, it is renewed for another ten years.
2. Renewing with Changes:
- The owner may apply for renewal with modifications if they wish to alter the registered trademark in any way, including the wordmark, logo design, description, or class.
- The Trademark Office may need to review changes.
Documents Required for Renewal:
- A copy of the certificate of trademark registration.
- Trademark application copy (TM-A).
- Evidence of the applicant’s identity and residence.
- Power of Attorney (TM-48), if submitted via a lawyer.
- Receipt for the renewal fee.
FAQs for Trademark Renewal?
To keep your trademark valid and protected by law, you must renew it after every 10 years. Renewal filings must be made on time.
Your trademark will be deleted, losing legal protection, and you will need to file for recovery if you do not renew within the specified period of time.
No, an easy renewal doesn’t need to be re-examined until there are no modifications are made.
Yes, however changes require both renewal and a separate correction application.
Third parties may complain if changes are made, but usually no objection is submitted for renewal.
The trademark will be deleted from the registry and you might have to file for restoration if it is not renewed within the specific period of time.
If your trademark expires, it becomes available for public registration or you can seek for recovery within a year.
No, if completed on time, the trademark renewal process is simple still if not, there may be additional costs or restoration needs.
By managing paperwork, submitting applications, keeping updated with due dates, ensuring compliance, and avoiding lapses, Legal Darbar will helps with trademark renewal and ensures continuous brand protection.