Documents for Renewal of Trademark

The process of trademark registration and renewal involves several important documents and considerations. Here's a breakdown of the key components and steps involved:

Trademark Registration Documents:

1. Trademark Registration Certificate Copy: A copy of the existing trademark registration certificate, indicating the registered trademark details and its validity period.

2. Power of Attorney: A document that demonstrates the authorization given to an individual or legal representative to act on behalf of the applicant during the trademark registration or renewal process.

3. Proof of Address and Identity: Documentation that verifies the identity and address of the applicant, which can include documents such as Aadhaar card, passport, driver's license, or other government-issued identity cards.

4. Trademark Registration Application Form Copy: A copy of the original trademark registration application form submitted during the initial registration process.

Trademark Renewal Checklist:

1. Ownership and Entity: The trademark should be registered in the name of the entity or business owner, as appropriate. It's crucial to ensure that the ownership details are accurate and up-to-date.

2. Upcoming Expiry: The trademark should be nearing its date of expiry. The renewal process should be initiated well in advance to avoid any lapse in protection.

3. Conflict Check: Prior to renewal, it's essential to confirm that there are no existing conflicts or disputes related to the trademark. If any conflicts arise, seeking expert legal advice is recommended to address the situation.

4. Application Preparation: The application for trademark renewal in India should be meticulously prepared, taking into account all the necessary details, supporting documents, and information. The renewal application should be accurate and complete.

Trademark renewal is a critical step in maintaining the protection and recognition of a brand. It's important to adhere to the legal requirements and guidelines outlined by the relevant authorities to ensure a smooth renewal process. Seeking legal assistance or consulting with trademark experts can be beneficial in navigating the renewal procedure effectively and avoiding any potential complications.

Procedure for Trademark Renewal in India

Trademark renewal in India can involve changes to the logo or emblem of the trademark or be conducted without any modifications. The process for renewing a trademark includes the following steps:

1. Application Submission: Submit the renewal application using Form TM-R.

2. Applicant or Authorized Representative: The renewal application can be filed by the applicant, the trademark holder, or an authorized representative assigned by the applicant.

3. Validity Period: Once renewed, the trademark's validity extends for the next 10 years. It's important for the applicant to regularly check the application status to ensure that the registrar has processed it.

4. Publication in Trademark Journal: The accepted trademark renewal will be advertised in the official gazette, specifically the trademark journal maintained by the trademark registry, which indicates the acceptance or rejection of trademarks.

5. Renewal Fees: The renewal fees depend on the type of filing:

   • Online filing: INR 9,000/-
   • Physical filing: INR 10,000/-

Trademark Restoration: In cases where business owners or management fail to renew a trademark on time or before its expiry date, trademark restoration is possible under Section 25(4) of the Trademarks Act, 1999. However, this restoration must be initiated within a maximum of 12 months from the date of expiry. The process involves paying fines along with the prescribed fees.

Our Role: Legalitis, with a team of top-notch experts and competitive pricing, offers trademark renewal services. They can help you navigate the renewal process efficiently and ensure that your trademark remains protected. If you require trademark renewal services, you can contact Legalitis to get it done promptly and smoothly.