TRADEMARK RENEWAL

What is Trademark?

Trademark is a unique intellectual property related to a product or service of a brand that distinguishes it from others. Trademarks can be registered in the name of any individual, business or any legal entity. However, it is advised that the trademark should be registered in the name of an individual as the trademark registered under the business would be termed invalid if the business closes down. Intellectual property can be any recognizable sign, design, or expression that could uniquely identify the service or product of any particular business. Trademark which is used to identify any particular service or goods, are usually termed Service Marks as well.

What is Trademark Renewal?

Once you receive the trademark registration certificate it also consist of expiry date, the validity of the same is 10 years. Hence, after 10 years of receiving the certificate, you should renew your trademark. And, after renewal your certificate will again have a validity of 10 years from the day of renewal. Generally people tend to forget the renewal of trademarks. Hence, a prior notice is sent to the registered office. And, at times the registrar would remind companies about renewal 6 months before the expiration. If you fail to renew it before expiration then you will be notified that your trademark will be removed from the trademark directory. The process of removal of trademark from a trademark directory takes around 6 months, so before the removal you can approach for renewal, but you would have to pay a certain fine as well.

Trademark Renewal Process

Six months before or after your trademark expiry date you will have to fill TM-R form for renewal. If you apply before 6 months of expiry then you will have to pay a certain amount for renewal and if you apply after 6 months then you would also have to pay the fine along with the fee prescribed. The registrar acknowledges the application and validates it under certain criteria and your application is filed and you will be provided with an acknowledgement.