Trademark Renewal

TRADEMARK

Trademark Renewal

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Overview

Securing Your Brand Legacy: Trademark Renewal in India

In the dynamic Indian marketplace, a meticulously nurtured and protected trademark serves as the cornerstone of your brand’s success. It safeguards your unique identity, fosters consumer trust, and empowers you to stand out within the competitive landscape. Yet, as time rolls on, even the most enduring brand requires meticulous upkeep. This is where the strategic act of trademark renewal takes center stage, extending the lifespan of your brand protection and fueling its journey towards continued growth and prosperity.

Understanding the Landscape:
Trademark renewal, as stipulated by the Companies Act 2013, involves proactively extending the validity period of your registered trademark for an additional 10 years. This timely action safeguards your exclusive rights to the mark, preventing competitors from capitalizing on your established brand equity and reputation.
Ensuring Eligibility:

Any registered trademark in India is eligible for renewal, provided it hasn’t already been cancelled or expired. You can file the renewal application within a window of 6 months before the expiry date, or within 6 months after the expiry date with the applicable late fees.

Benefits of Proactive Renewal:

• Unwavering Brand Protection: Extends your exclusive rights to the trademark for a further 10 years, creating a stable foundation for brand growth and expansion.

• Minimising Infringement Risks: Discourages unauthorized use of your trademark by competitors, safeguarding your brand equity and consumer trust.

• Strengthened Legal Position: In case of infringement, a valid registration bolsters your legal stance and simplifies enforcement actions.

• Seamless Brand Continuity: Ensures smooth brand operations without disruptions caused by lapsed trademark protection.

Navigating the Renewal Process:

• Application Preparation: File a duly completed TM-R form with the Trademarks Registry, specifying the trademark details and class(es) of goods or services.

• Fee Payment: Pay the prescribed renewal fee along with any applicable late fees.

• Scrutiny and Publication: The Registry meticulously examines the application and, if approved, publishes it in the Trademark Journal for potential opposition.

• Opposition Period: A 3-month window allows for potential opposition from other parties who believe their trademark rights are affected.

• Renewal Grant: If no opposition is filed or successfully defended, the Registry grants the renewal, extending your trademark’s validity for another 10 years.

Essential Documents:

• Completed TM-R form
• Proof of payment of renewal fees
• Copy of the original trademark registration certificate

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Common Questions

Most Popular Questions


What is trademark renewal, and why is it necessary in India?




Trademark renewal is the process of extending the validity of a registered trademark beyond its initial registration period, ensuring continued protection and exclusive rights over the trademark.


Trademark renewal should be initiated well in advance of the expiry date of the trademark registration, preferably six months to one year before the expiry to avoid lapses in protection.


The trademark owner or the authorized agent appointed by the owner is responsible for initiating and completing the renewal process with the Trademark Registry.


The procedure involves filing a renewal application with the Trademark Registry, paying the prescribed renewal fees, and submitting any required documents or declarations.


Documents such as the renewal application, proof of current ownership, power of attorney (if filing through an agent), and payment receipts are required for renewal.



Can Avenue Advisory assist with trademark renewal in India?




Yes, Avenue Advisory provides comprehensive assistance for trademark renewal, including preparing and filing renewal applications, tracking deadlines, and ensuring timely renewal of registrations.


The validity period of a renewed trademark registration is typically ten years from the date of expiry of the previous registration, subject to further renewal.


Yes, late renewal may incur additional fees, penalties, and risks of loss of rights or removal of the trademark from the register if not renewed within the prescribed timeframe.


Avenue Advisory maintains proactive tracking of renewal deadlines, provides timely reminders to clients, and expedites the renewal process to avoid any lapses in protection.


Outsourcing to Avenue Advisory ensures peace of mind, compliance with renewal requirements, and uninterrupted protection of trademarks, allowing clients to focus on their core business activities.

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