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Trademark Renewal
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Overview
Trademark renewal is the process of extending the validity of a registered trademark. Once a trademark is registered, it is protected for a specific duration, usually ten years, as per the laws of the respective country. Before the expiry of the initial registration period, trademark owners must apply for renewal to maintain their exclusive rights over the trademark. Trademark renewal ensures continued protection, preventing others from using the same or similar mark for similar goods or services. Failure to renew a trademark can result in the loss of legal protection, leaving the mark vulnerable to infringement and misuse by others.
Checklist for Renewal of a Trademark
- Trademark Registration Certificate: Ensure that you have a copy of the original trademark registration certificate.
- Renewal Due Date: Note the renewal due date, which is typically ten years from the date of initial trademark registration.
- Early Renewal Window: Check the early renewal window, which usually opens six months before the expiration date of the current registration.
- Renewal Application Form: Obtain the prescribed renewal application form from the appropriate Trademark Office or online portal.
- Power of Attorney: If you are using the services of a trademark agent or attorney, prepare a Power of Attorney authorizing them to file the renewal application on your behalf.
- Proof of Use: Some jurisdictions may require proof of ongoing use of the trademark in commerce. Collect relevant documents showing the continued use of the mark.
- Renewal Fee: Calculate the renewal fee based on the number of classes under which your trademark is registered.
- Mode of Payment: Check the accepted modes of payment for the renewal fee, which may include online payment or bank drafts.
- Trademark Specimens: Prepare specimens of the trademark as currently used in commerce to demonstrate its continued usage.
- Statement of Renewal: Include a statement in the renewal application confirming that the trademark is still in use and providing the date of first use.
- Submission of Application: File the completed renewal application along with the necessary supporting documents and fees to the relevant Trademark Office or online portal.
- Review Communication: Keep track of any communication from the Trademark Office regarding the status of the renewal application.
- Record Keeping: Maintain a record of the renewal application, acknowledgment receipt, and any other related documents for future reference.
- Monitoring Renewal Status: Regularly check the status of the renewal application to ensure its timely processing.
Documents Required
- A copy of the original trademark registration certificate, indicating the current status and details of the registered trademark.
- The prescribed renewal application form, duly filled out with accurate and updated information.
- Some jurisdictions may require proof of ongoing use of the trademark in commerce. Documents or specimens showing the continued use of the mark may be required.
- If you are using the services of a trademark agent or attorney to file the renewal application on your behalf, a Power of Attorney authorizing them to do so may be necessary.
- Prepare specimens of the trademark as currently used in commerce, demonstrating its continued usage and relevance.
- Include a statement in the renewal application confirming that the trademark is still in use and providing the date of first use.
- Proof of payment of the renewal fee, usually in the form of an online payment receipt or bank transaction details.
- In case the renewal is being filed by someone other than the trademark owner, an authorization letter granting them permission to act on the owner’s behalf
Forms Required
- Form TM-R: This is the prescribed form for the renewal of a trademark in India. It should be filled out with accurate and updated information related to the trademark and the renewal.
- Power of Attorney (if applicable): If the renewal application is being filed by a trademark agent or attorney on behalf of the trademark owner, a Power of Attorney authorizing them to do so may be required.
- Proof of Use (if applicable): Some jurisdictions may require proof of ongoing use of the trademark in commerce. Documents or specimens showing the continued use of the mark may need to be submitted.
- Trademark Registration Certificate: A copy of the original trademark registration certificate, indicating the current status and details of the registered trademark.
- Renewal Fee Payment Receipt: Proof of payment of the renewal fee, usually in the form of an online payment receipt or bank transaction details.
Why BizReg?
In general, trademark renewal services offered by us typically assist trademark owners with the entire renewal process. We help with the preparation and filing of the application and ensure all necessary documents are accurately filled out. We even track the status of the renewal application, keeping you informed of any updates or requirements from the trademark office.