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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:

  1. File the restoration application within 1 year of expiry.
  2. Pay the restoration fee (along with renewal fees).
  3. Provide reasons for the delay.

Trademark Renewal

  • 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.

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