After the registration of a trademark, it is provided with 10 years of legal protection. Throughout these ten years, a brand/logo is protected from any unauthorised imitation of the mark and plays a key role in building up the brand reputation in the market.
With the option of Trademark Renewal, this protection can be extended for the next ten years as well, and a trademark can be renewed periodically like this for as long as the proprietor wants. A renewal of a trademark basically allows the owner of the trademark to enjoy all the legal rights and the commercial benefits derived from the said trademark for an extended period of time.
If a trademark is not renewed within the required period, a trademark owner still has the option to restore the trademark within a specified period. Restoration serves the same purpose as that of renewal, though at an additional cost. A trademark third party opposition is filed by the opposing party within 3 months of publishing the trademark. It is done if the opposing party feels that the trademark filed is similar to or infringes their trademark.
| Form | Purpose | Cost |
|---|---|---|
|
TM-R
|
To file a trademark renewal application
|
Rs. 9,000/-
|
|
|
Renewal application after 6 months from expiry
(additional surcharge of registration) |
Rs. 4,500/-
+ Renewal fee |
|
TM-18
|
Affidavit in support of the statement of the case.
|
|
Select packages as per your choice and fill out the forms
(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.
(2-3 working days) We Will provide you with a copy of the agreement for you to revise.
(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.
(2-3 working days) We Will do the final submission of soft/hard copies to you.
The restoration application for a trademark can be submitted between six months and twelve months after the date of expiry of the trademark.
The prescribed forms and fees are given in the table below:
| Form | Purpose | Cost |
|---|---|---|
|
TM-R
|
To file a trademark renewal application with
additional restoration surcharge |
Rs. 9,000/-
(plus Rs.9000/- renewal fee) |
|
|
Affidavit in support of the statement of the case.
|
|
Select packages as per your choice and fill out the forms
(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.
(2-3 working days) We Will provide you with a copy of the agreement for you to revise.
(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.
(2-3 working days) We Will do the final submission of soft/hard copies to you.
Ideally, an application for renewal must be filed 6 months prior to the date of expiry of the trademark.
It is removed from the register, i.e.’ its registration is cancelled.
Since a trademark acts as a brand of a business and differentiates a business from its competitors, by renewing, an owner can make sure that such brand continues to be recognisable in the market.
If an owner fails to renew a trademark, its registration is removed and any one can use the said mark for business.
No changes take place regarding the rights of a trademark owner after a trademark is renewed. They remain the same as that from the time of registration.
