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Trademark Renewal

Steps to Follow while Applying for Renewal or Change in Trademark Renewal

Trademark acts as a distinguisher between the goods or services that are offered from other similar goods or services from a different business. A registered trademark cannot be registered if it is found offensive, lacks distinctiveness and contains government emblems.

However, it is necessary to renew trademark registration as it is has a validity of 10 years. Trademark registration renewal can be done beginning from 6 months before the date of the expiry. A notice for trademark renewal is sent before the date of expiry.

If an individual still fails to renew the trademark then the registrar may remove the trademark from the Trademarks journal. But again this happens only after 12 months after the expiry date. Between 6 and 12 months after the expiry trademark registration can be renewed on payment of a fine through a process called restoration.

Documents required for the Trademark Renewal

A copy of the trademark registration certificate
Power of attorney to represent the applicant
Photo Id and address proof of the applicant
Copy of application form of Trademark registration

Checklist for Trademark Renewal

The trademark should be registered, possessed by the proprietor and subject to renewal
Conduct a trademark search to make sure that there is no similar trademark.
Get a legal opinion for feasible solution if there is a conflict of trademark.
Prepare an application for renewal and thereby comply with appropriate conditions.

Trademark Renewal Procedure

How to Renew a Trademark?

Trademark renewal is of two types:

There is alteration and change of sign or logo of the registered trademark
Application is made without any change in the trademark

Here is simplified process:

1

The application for trademark registration renewal in the form of TM-R.
2

The application can be filed by the registered owner of the trademark or an agent authorized by him.
3

By filing a renewal application for trademark , will renew it for another 10 years.
4

Checking the status of the application periodically is very important until it is processed by the registrar.
5

The trademark journal is the official gazette of the trademark registry which governs the status of accepted or rejected. If the application is accepted then it is advertised in the trademark journal. And the renewal process should begin 3 to 6 months before the expiry of the trademark.
6

To file the application Form 18 with the requisite fees. The application is reviewed for the quality before it is finally approved for renewal.

Duration to Restore a Trademark

A trademark registration can be restored after six months and within one year from the date of expiration pf the last registration of the mark.
The following forms must be provided along with the application for the renewal of the Trademark along with the fee:

Forms

Forms	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	-	-

However, the following members can file the application for trademark renewal or restoration

The proprietor of the registered trademark
An agent associated with the registered trademark

Duration to renew a trademark registration

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

Forms

For renewing a trademark along with the allotted fee the following forms must be provided.

Form	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
TM- R	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	-	-