Streamline Trademark Renewal with IndiaFilings

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IndiaFilings provides an all-encompassing trademark renewal service, ensuring a smooth and hassle-free experience for trademark owners.

Our seasoned experts gather all requisite details and kick-start the renewal process on your behalf.
We diligently craft the renewal application, upholding precision and adherence to pertinent rules.
Our team then scrutinizes the application, tweaking it to optimize its efficacy.
Once the application meets our rigorous standards, we manage the submission process with the Registrar of Trademarks, guaranteeing timely and accurate document delivery.

With IndiaFilings’ expert-assisted trademark renewal service, entrust us to effortlessly guide you through the intricate renewal steps and ensure unwavering protection for your invaluable trademarks.

Trademark vs Copyright vs Patent

	Trademark	Patent	Copyright
What’s protected	Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another.	Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these.	Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.
Requirements for protection	A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good.	A fresh, valuable, and unusual invention is required.	A work must be unique, original, and created in a tangible manner.
Term of protection	As long as the mark is used in commerce.	20 years	Author’s life span+ 70 years.
Rights Granted	Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin.	Right to restrict others from manufacturing, selling, or importing the patented invention.	Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.

Documents Required For Trademark Renewal

Form-48

Copy of Form-48

Trademark Renewal FAQ’s

What is a trademark?

A trademark is a specific sign capable of graphical representation which can differentiate the goods or services of one enterprise from those of other enterprises. This can include a name, word, phrase, logo, symbol, design, image, or a combination of these elements. It’s essential for protecting a brand’s unique identity in the marketplace.

Why is trademark renewal important?

Trademark renewal ensures the continued protection of the brand’s unique identity in the market. Without renewal, the rights to the trademark can be lost, meaning others could potentially use the trademark without facing any legal consequences. Renewal preserves the brand’s exclusivity, legal status, and market position.

How often do I need to renew my trademark?

Trademarks need to be renewed every ten years. It’s important to note the expiration date of your trademark to avoid lapses in protection.

Is there a grace period for trademark renewal?

Yes, there is a six-month grace period after the initial ten-year validity during which the owner can still renew the trademark. This offers flexibility and a safety net for trademark owners who might miss the initial deadline.

What happens if I don’t renew my trademark within the grace period?

If a trademark isn’t renewed within this grace period, the Registrar will announce the trademark’s removal in the official Trademark Journal, leading to a loss of all the rights and protections associated with that trademark.

How can I initiate the renewal process?

To renew, you need to submit a formal application to the Registrar of Trademarks. This application must adhere to the set guidelines, be submitted within the given time frame, and be accompanied by the necessary renewal fee.

Are there different methods to renew a trademark?

Yes. Owners can either:

Renew with alterations: This allows updating or changing parts of the current trademark during the renewal process.
Renew without alterations: This simply extends the trademark’s validity without making any changes to it.

What if my trademark lapses after the ten-year duration?

If a trademark expires and isn’t renewed, owners can still restore it. This requires undergoing a restoration process which is similar to renewal, but with an additional penalty fee due to the delay.

How is the cost to renew trademark determined and why is it important to plan for it?

The cost to renew trademark is determined based on the type of trademark, the number of classes, and the mode of filing (online or offline). Understanding the cost to renew trademark is essential for businesses to maintain continuous protection of their brand without interruptions. Planning ahead for trademark renewal and its cost ensures that you avoid last-minute penalties and safeguard your trademark rights for the long term.

What is the filing deadline for trademark renewal?

The renewal application should ideally be initiated six months before the trademark’s expiration. Although renewal is possible up to a year before expiration, aiming for the six-month mark provides a safety buffer.

What if I miss the deadline?

If the renewal deadline is missed, there’s still a grace period of six months post-expiration where the trademark can be renewed by paying an additional surcharge.

Can a cancelled trademark be restored?

Yes, if a trademark gets cancelled due to non-renewal, there’s a window for its restoration. The owner must submit a reinstatement application within six months following the cancellation.

What documents are required for trademark renewal?

When renewing a trademark, several documents are necessary:

A copy of the original trademark registration certificate.
A copy of the TM-A form from the initial registration.
Applicant’s identification and residence proof.
If someone else is representing the trademark owner, a Power of Attorney is necessary.

Can you briefly describe the trademark renewal process in India?

In India, the renewal process is structured to ensure thorough protection:

Submission of Form TM-R to the Trademark Registry.
A comprehensive review of the application by the Registry to ensure no conflicts.
Details of the renewed trademark are publicized in the Trademark Journal for four months, allowing third parties to raise objections.
Following this, and after resolving any disputes, the Trademark Renewal Certificate is issued, marking the trademark’s renewed status for another decade.

Is the renewal process complicated?

The renewal process involves several steps and careful documentation. While it can appear complex, entities like IndiaFilings offer services that handle the intricate details, making the renewal process more streamlined for trademark owners.

What is the Trademark Journal?

The Trademark Journal is an official publication where renewed trademarks are listed. This allows for transparency and offers third parties a chance to raise any objections they might have against a particular renewal.

What if there are objections to my renewal?

If objections are raised, they must be addressed by the applicant. If unresolved, the Registrar might organize a hearing to understand and settle the matter.

After renewing, how long will my trademark be valid?

Once successfully renewed, a trademark remains valid for an additional ten years from the date of renewal.

What role does IndiaFilings play in trademark renewal?

IndiaFilings is a service provider that aids in the entire trademark renewal process. From gathering details, crafting the application, to managing the submission process with the Registrar of Trademarks, they ensure the renewal is accurate and timely.

Why should I consider IndiaFilings for my trademark renewal?

IndiaFilings boasts expertise in trademark renewal. Their meticulous approach and dedication to client satisfaction ensures that the renewal process is smooth and efficient, safeguarding the trademark and the associated rights for the owner.

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