Nidhi Company

How Does The Trademark Renewal Process Work?

Registered trademarks have a 10-year validity and can be renewed indefinitely

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Document Verification

We will verify your business documents

Step 1

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Form Filing

We will prepare the forms to renew your trademark

Step 2

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Status Updates

You will be kept up-to-date on the status of your application

Step 3



  What is Trademark Renewal?

Registered trademarks have a 10-year validity and can be renewed indefinitely. The Registrar has set a wide window for you to do so, beginning from 6 months before the date of expiry. Even if you forgot, as even large organisations tend to do, you will be sent a notice to your registered address before the date of expiry. If you still do not file for renewal, the registrar may advertise its intention to remove the trademark in the Trade Marks Journal. This is, however, likely to happen only 12 months after the expiry date. Between 6 and 12 months after expiry, trademark registration can be renewed on payment of a fine through a process called ‘restoration

  Benefits of Trademark Renewal

Legal Protection

Business Opportunity

A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald's. Businesses can earn huge money in royalties through licensing agreements or even transfer of ownership to interested parties

  Checklist For Trademark Renewal

Pre-existence of a registered trademark, possessed by the proprietor, subject to renewal, The intent for commercial use should be analyzed for eligibility, Make sure that there is no similar trademark, by executing a trademark search of the eminent and licensed trademark database, If there is a conflict of trademark it is prudent to get a legal opinion for a feasible solution, Procure and prepare an application for renewal and thereby comply with appropriate conditions.

  How to Renew a Trademark:

There are two kinds of renewal:
Alteration and change of sign or logo of the registered trademark. Application made without any change of trademark

  How Itax Helps With The Trademark Renewal Process

As soon as you send us your details, a representative will get in touch to find out more about your requirements and explain the process and charges to you. Charges would depend on whether you need the trademark renewed or restored. Renewal costs Rs. 5000 in government fees, while restoration costs Rs. 8000.

  Documents required for Trademark Renewal

A copy of the Registration Certificate, Power of Attorney to represent the applicant, Any photo ID and Address Proof of the Applicant Copy of TM-A

  Who should file income tax return?

Every company, be it Private limited, LLP or partnership irrespective of the income or loss must file IT returns

Individuals enjoying income from mutual funds, bonds, stocks, fixed deposits, income from interest, house property,etc

FAQs on Filing a Trademark

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the trademark class/classes the goods/services represent. The trademark would be registered under those classes only.

If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it is likely to cause confusion. So you can't register the word 'car' for a car brand, but may do so for a brand of electronics.

As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it's registered, you can use the ® symbol.

Before settling on a brand name, you need to check if it can acquire the legal rights necessary to hold on it. This is because the commercial rights to a brand name belong to the owner of its trademark. To find out if yours has already been taken, you can run a trademark search, which is basically a database search of India’s Intellectual Property Database. Now, running the search is easy. Begin by selecting the wordmark and typing in the word/s you want to register. The results will tell you whether there already is another registration in that name.

If your brand name has already been registered, but under a different class, you're still in luck. Unless the brand is too well known (McDonald’s or Fiat, let’s say), your application is likely to be approved. If, on the other hand, a trademark has been registered by another brand after you began using it, you should take the matter seriously. Find out the origin of the goods and send the office a cease-and-desist letter. Although it does not apply exclusively to intellectual property, such a letter is usually sent in cases of infringement. If the party does not cease and desist from selling the goods with your trademark within the time mentioned in the letter, you may take them to court.

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