Trademark Renewal
Trademark Renewal is the process of extending the validity of a registered trademark beyond its initial 10-year period. Timely renewal ensures that the trademark continues to provide exclusive rights and legal protection to the owner.
Key Features of Trademark Renewal
Validity Period:
- A registered trademark is valid for 10 years.
- It must be renewed every 10 years to maintain protection.
Renewal Timeline:
- Renewal can be filed 6 months before the expiry of the current trademark registration.
- A grace period of 6 months after expiry is allowed with a late fee.
Failure to Renew:
- If not renewed, the trademark is removed from the registry and loses legal protection.
- The trademark can be restored within 1 year of expiry by filing for restoration.
Benefits of Trademark Renewal
- Continued Legal Protection:
Protects your trademark from being used by others. - Uninterrupted Branding:
Ensures exclusive rights to your logo, brand name, or symbol. - Asset Retention:
Maintains the trademark as an intellectual property asset for the business. - Market Presence:
Strengthens brand identity and customer trust over time.
Documents Required for Trademark Renewal
- Proof of identity of the applicant (Aadhaar, PAN, etc.).
- Proof of trademark ownership (previous registration certificate).
- Copy of the trademark application.
- Power of Attorney (if filed through an attorney or agent).
Penalty for Late Renewal
- Late renewal within the grace period incurs additional fees.
- Failure to renew within the grace period results in trademark removal, requiring restoration.
Trademark Restoration
If the trademark has been removed due to non-renewal, you can apply for restoration:
- File the restoration application within 1 year of expiry.
- Pay the restoration fee (along with renewal fees).
- Provide reasons for the delay.
Trademark Renewal
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Monitor Expiry Dates:
Keep track of the renewal date to avoid delays or penalties. -
Use Professional Assistance:
Hire a trademark attorney or agent for hassle-free renewal. -
Update Details if Needed:
Ensure that all details, such as ownership and address, are updated during renewal.