The company’s brand name that creates its identity for selling goods and services is possible with the trademark registration. Because that is how the brand identifies itself potential customers distinguishes one business with the other. The rights to these brand name/goodwill of the company is provided by Trademark Registration in India. Nonetheless, such TM Registration shall be issued and valid for a specified time. Within this guide the process of renewal of the label, its criteria, and the TM renewal time span within India is addressed in this article.
Trademark Registration In India
The registration of a Trademark is given to a company for any name, emblem, logo, illustration, slogan, expression, etc. it uses to represent its products or services. The Trademark allows the company to segregate its products or services from those of its rivals in the market and enables consumers to distinguish the goods or services from their mark. For registering a Trademark in India, an appeal for Trademark registration is made, after which, the Trademark is granted a protected classification for a certain period of time.
You can apply for the Trademark under following categories:
- Ordinary Trademark Application
- Multiclass trademark Application
- Convention/ Priority Trademark Application (claiming priority from a convention country)
What is Trademark Renewal?
Registration of the trademark in India is valid for ten years and must be renewed after that. Trademark renewal in India is subject to the basic condition that a request for renewal must be made within 6 months of the expiry date.
This is standard practice, the owner of the trademark is advised by the registrar’s Office that the registration of the trademark shall be updated within 6 months from the end of date to prevent the owner from having to face the needless hassles associated with late filing of the renewal application of the trademark.
Msme/ Startup/ Individual Application: The government fees for the electronic renewal of one single class mark are INR 4,500/-, while government fees for the physical maintenance of a single class tag are INR 5,000/-
Company as Applicant: The government fee for electronic registration of a single class trademark is INR 9,000/ –, while the government fee for the physical completion of a single class application is INR 10,000/‐.
When the letter from the Trademark Registrar’s Office is not updated or not responded, the trademark owner is issued a notice indicating that the mark is removed from the Trademark Journal if the owner fails to renew in time.
What is the Procedure of Trademark Renewal in India?
The trademark renewal process can be performed in India in two ways: either to request the renewal and to change some portion of the trademark with it, or to renew the trademark registration without modifying the trademark.
A renewal application is made in the TM-12 form and can be submitted either by a registered proprietor or by an officer approved by the registered proprietor of the trademark. It is also important to keep a track of the trademark renewal application, and it is essential that the status of a renewal application is regularly reviewed before it is approved by the Registrar after the filing of the trademark renewal application. The renewal of the mark often calls for many time-bound acts or reactions by the applicant. It is therefore important to check the status of the application continuously and take the required action until the registration.
If a registration application for the trademark has been filed and the Trademark Examiner decides that the application is valid, the trademark will be advertised in the Trademark Journal. During ads, third parties have the ability to object to the registration of the mark. The application is approved and the trademark registration extended when the registrar is fully satisfied with the results. Unless the renewal application for a trademark is approved by the registrar, the mark shall be extended for a further 10 years, after which the same process shall be repeated.
Trademark Renewal Process After Expiry Of Renewal Period
If the proprietor of the trademark refuses to renew the mark six months after the expiration date, a separate trademark renewal procedure is followed in India. The renewal process after the expiry date shall be demanded for the restore of the trademark by submitting the TM-13 form and the specified fee of INR 5000.
However, this application can be filed only if one year from the date of expiration of the trademark has not expired. Upon the approval of the trademark restoration application, the registrar publishes the mark in the Trademark Journal and in the event the owner retrieves the mark in the event there is no objection from any third party. If there are any complaints, however, the proprietor of the trademark may object to the same and claim for its trademark.