The process of renewing the validity of a registered trademark in India is referred to as trademark renewal. This renews both the trademark and its protection. When a trademark is registered, the first period of time that it is valid for begins ten years from the day that the trademark was registered. It is required to regularly renew the registration in order to keep the legal protection and exclusive rights that are associated with the trademark.
1. Trademark Validity:
Trademarks in India have a ten-year validity period during which they must be renewed in order to keep their legal standing. The original date of the trademark registration serves as the starting point for the renewal period.
2. Application for Renewal:
In order to keep a trademark valid in India, the owner of the trademark or the owner's authorised agent is required to submit a renewal application to the Trademarks Registry. It is imperative that the application be sent in well in advance of the current registration's expiration date.
3. Forms and Fees:
The application for renewal has to be submitted using the specified form, which might be different depending on the kind of applicant (an person, a partnership, a firm, etc.). The fees also differ depending on the type of applicant. In addition, the relevant renewal costs must be paid at the time the application is submitted.
4. Supporting papers:
In India, the renewal of a trademark does not often require any supporting papers to be submitted. Having the registration certificate and any other applicable trademark records on hand at all times for reference is, nevertheless, recommended best practise.
5. Examination and Renewal Certificate:
After the renewal application has been submitted to the Trademarks Registry and the associated costs have been paid, the application will be subjected to an examination. In the event that everything is in order, a renewal certificate will be produced, which will affirm the prolonged validity of the trademark for the subsequent 10 years.
6. Renewal post Due Date:
There is a grace period of six months available in the event that a trademark's renewal is not completed within the allotted time frame. During this time frame, the trademark can be renewed by paying late renewal costs in addition to the regular renewal expenses. However, it is essential to keep in mind that during the time that the trademark is not being renewed, the protection it provides expires.
7. Continuous Renewal:
In order to guarantee that the trademark will always be protected, it is imperative that the renewal process be carried out consistently once every 10 years. The owner of the trademark is the one who is responsible for monitoring the renewal dates and starting the process of renewing the trademark in a timely way.
When do you need to renew your trademark in India?
Indian trademarks must be renewed every 10 years. The renewal period begins on the date of initial trademark registration. It's important to start the renewal process well in advance of the expiration date to avoid loss of protection.
What happens if the trademark renewal deadline has passed?
If the renewal deadline has passed, there is a 6-month grace period during which you can renew your mark by paying an additional late renewal fee. However, during the non-renewal period, the trademark loses protection.
Can I renew my trademark after the 6 month grace period?
No, once the 6-month grace period expires, you will no longer be able to extend your trademark. In such cases, if you want to protect your trademark again, you will need to file a new registration application.
What documents are required for trademark renewal in India?
In general, no supporting documents are required for trademark renewal in India. However, we recommend that you keep your certificate of registration and other relevant trademark records on hand during the renewal process.
Can someone else update my trademark for me?
Yes, you can authorize another person, such as a trademark attorney or agent, to renew your trademark on your behalf. You can handle the renewal process, submit your application, and pay the required fees.
Can I change my brand during the renewal process?
No, the main purpose of the trademark renewal process is to extend the validity of an existing registered trademark. If you need to change the trademark, such as changing the trademark or the goods/services covered, you must submit a separate trademark change application.
How much does rebranding cost in India?
The cost of renewal of a trademark in India depends on the number of classes in which the trademark is registered. The official fee schedule can be found on the Indian Intellectual Property (IPI) website.
How long does it take to renew a trademark in India?
The duration of trademark renewal in India varies. It usually takes several months for a renewal application to be processed and a renewal certificate to be issued. However, the actual time period may vary depending on factors such as trademark registration workload and potential delays and objections.