In India, a Trademark is an essential tool for protecting the identity of a business. A Trademark is a sign or symbol used to distinguish the goods or services of a particular business from those of its competitors. The validity of a Trademark in India is determined by the Trademark Act, 1999, which sets out the requirements for registering a Trademark. The Act also outlines the duration of the Trademark’s validity, ranging from a minimum of seven years to an indefinite period. Additionally, the Act establishes the grounds for opposition and cancellation of a Trademark and the process for renewal of a Trademark.
Trademarks are symbols or logos used by companies to represent their services and brand. It assists people to recognise the firm, service, or business. These logos can be registered under the Trademark Act, 1999 with the trademark registry department. It prevents the copying of trademarks. However, one cannot permanently register a trademark, it has to be renewed from time to time.
What is Trademark?
A trademark is an important legal tool that provides protection for the unique branding of a business, product or service. It is a symbol, logo, phrase, or word that distinguishes a business from its competitors. In India, the Trademarks Act, 1999, governs the registration and protection of trademarks. The validity of a trademark in India is based on two main factors: registration and use.
Validity of a Trademark
The trademark is registered for ten years by the Registrar. Hence, following the date of registration indicated in the registration certificate, a trademark registration will be valid for ten years. The trademark registration must be entered into the Register of Trademarks by the Registrar when it is issued.
By submitting a trademark renewal application to the Registrar prior to the initial registration expiry, the trademark owner can extend the trademark registration for an additional 10 years.
Under the Trademark Act 1999, the duration of trademark registration in India is ten (10) years. The renewal for a further 10-years period will require prescribed renewal fees.
You’ll have to decide if you want to renew or not before the expiration date. Anyone can claim your trademark after 10 years if not renewed.
Trademark Renewal
Trademark duration and validity is limited up to 10 years. After that, it must be renewed if you want to continue with the legal protection for your asset.
Trademark renewal request must be filed within 6 months prior to the expiration of the registration. You will receive a notice of a reminder about the expiry of your trademark registration from the registrar of trademarks. The letter will include the conditions of the expiration and the payment of the fees required for the trademark renewal. If the registration or renewal is not obtained as mentioned in the conditions, the Registrar will remove your trademark for the official Trademark Register, known as the Trademark Journal.
You’ll have 2 ways to renew your trademark registration.
- Application for renewal without any changes
- Application for renewal with changes and alteration to any sign or words in the existing trademark
You need to file a TM-R form which can be filed by an authorised representative or agent. There’s no need of the registered owner of the trademark to be involved whatsoever.
Once the application is approved, the trademark will be republished in the official Trademark Journal. It will give the owner further legal protection on his/her asset while extending the trademark registration duration for another 10 years.
Filing of the form can be done both in-person and online. However, the trademark can be both renewed and restored. So, you have to decide what you want. Here we will talk about the renewal only.
The renewal cost for MSME and individual startups is Rs 5000 in-person and Rs 4500 for e-filing. As for the renewal under section 25 for each class, the cost is Rs 10,000 in-person and Rs 9000 for e-filing.
Online form filling is preferred by most people due to the less costing. There are other advantages to it as well, such as
- Quick and faster renewal than in-person
- Convenient filing with easy steps
- Regular online tracking of your trademark status
What Are the Documents Required for TM Renewal?
- A document of the enrollment affidavit
- Filled TM-R form
- ID and address proof of the applicant
- Trademark registration certificate
- Power of attorney if the applicant is an authorised agent or a dealer.
Procedure for TM Renewal
At the end of 10 years, all the registered trademarks have to be renewed as per the law. The registrar of trademarks will indicate the expiry of trademarks via mail to the official address 6 months before its expiry. You can easily renew your trademark using the process given below.
- First file a petition for the TM renewal through the TM-R form
- The petition can also be filed by an authorised dealer
- The form TM-18, along with an affidavit is submitted
- If you are planning to file the petition manually then you have to pay for renewal of trademark in India of ₹10,000
- If it is done online, e-filing fees of ₹9,000 have to be paid
- The application will be analysed for errors
- If it is free of errors, the trademark register will provide a renewal certificate in the name of the trademark owner
- Post renewal, it will be posted in the trademark journal.
How to Renew Your Trademark Online
It is usually advised to renew your trademark online by visiting the official website of intellectual property India. Through this process, you can save ₹1000
- In the dashboard select ‘New application tab’ and choose ‘TM-R’
- Now you can choose any one of the requests for application forms
- Enter all the required credentials and click on the ‘Save’ button
- Enter all the mandatory details in the respective fields
- Upload the documents by pressing the ‘Uploads’ icon and then clicking on the ‘Proceed’ button
- Now a pop-up denoting the ’Application with form number XXXX has been drafted successfully’ will appear on the screen. Click on the ‘Submit’ button
- Now the request will be displayed in the ‘Payments’ section
- On the left-hand side of the dashboard click the ‘Payment’ icon and then choose ‘Make a payment
- Now select your form from the list and click on the ‘Make payment’ option below the page
- After completing the payment Acknowledgment slip will be displayed
- Select the ‘Payment’ menu and choose ‘Payment history’ and click on the ‘Receipt’ option
- Now you can download the receipt.
How Can TAXAJ Assist With TM Renewal?
You can also easily renew your trademark through
Taxaj. All you have to do is reach out to our experts and they will help you throughout the process. Trust me, It is always better to leave it to the experts. If TM renewal is not completed at the right time, it may result in major issues.
Our experts will initially collect all the required details for renewing your trademark. Then we will help you to file your TM renewal. From time to time we will update you regarding the TM renewal status. As soon as the trademark is renewed we will provide the TM renewal certificate.
👉 It takes days to plan a business.
👉 It takes weeks to register a business.
👉 It takes months to establish a business.
👉 But it takes years to make your business a brand. A Trademark brand.
So apply your Trademark Today with Team Taxaj in few Simple Steps. Owning a Trademark will prevent your competitor and any party on unsolicited use of your brand name. A Trademark can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry.
Created & Posted by Sony Garg
Accountant at TAXAJ
TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/Business, Trademark & Brand Registration, Digital Marketing, E-Stamp Paper Online, Closure of Business, Legal Services, Payroll Services, etc. For any further queries related to this or anything else visit TAXAJ
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