If you are not aware of the period of TM renewal then you are at a high risk of losing your trademark. Learn everything about the TM renewal and process of TM renewal from the experts directly.
Trademarks are symbols or logos used by companies to represent their services and brand. It assists people to recognise the firm, service, or business. These logos can be registered under the Trademark Act, 1999 with the trademark registry department. It prevents the copying of trademarks. However, one cannot permanently register a trademark, it has to be renewed from time to time.
What Is the Period for the TM Renewal?
As per the Trademark Act of 1999, the period of trademark registration in India is 10 years. A TM renewal for another 10 years will be done after completing the initial registration period.
TM renewal petitions must be filed 6 months prior to the expiration date. You will be provided with an intimation about the expiry of your trademark registration from the registrar of trademarks via mail.
The message will contain information like the last date for renewal and the fees involved in the TM renewal. If the registration or renewal is not attained within the period the registrar will remove the trademark from the official trademark register, known as the trademark journal.
Where Can You Register the Trademark in India?
India has 5 such trademark registry departments in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad. If a trademark is registered, the proprietor of the trademark will be provided with personal liberties to use the same. It is protected by law and prevents other people from copying the trademark.
Registered trademarks are protected for 10 years, and after that period it has to be renewed. If the trademark is not in use for more than 5 years, it may be terminated by filing a petition.
What Are the Documents Required for TM Renewal?
- A document of the enrollment affidavit
- Filled TM-R form
- ID and address proof of the applicant
- Trademark registration certificate
- Power of attorney if the applicant is an authorised agent or a dealer.
Procedure for TM Renewal
At the end of 10 years, all the registered trademarks have to be renewed as per the law. The registrar of trademarks will indicate the expiry of trademarks via mail to the official address 6 months before its expiry. You can easily renew your trademark using the process given below.
- First file a petition for the TM renewal through the TM-R form
- The petition can also be filed by an authorised dealer
- The form TM-18, along with an affidavit is submitted
- If you are planning to file the petition manually then you have to pay for renewal of trademark in India of ₹10,000
- If it is done online, e-filing fees of ₹9,000 have to be paid
- The application will be analysed for errors
- If it is free of errors, the trademark register will provide a renewal certificate in the name of the trademark owner
- Post renewal, it will be posted in the trademark journal.
How to Renew Your Trademark Online
It is usually advised to renew your trademark online by visiting the official website of intellectual property India. Through this process, you can save ₹1000
- In the dashboard select ‘New application tab’ and choose ‘TM-R’
- Now you can choose any one of the requests for application forms
- Enter all the required credentials and click on the ‘Save’ button
- Enter all the mandatory details in the respective fields
- Upload the documents by pressing the ‘Uploads’ icon and then clicking on the ‘Proceed’ button
- Now a pop-up denoting the ’Application with form number XXXX has been drafted successfully’ will appear on the screen. Click on the ‘Submit’ button
- Now the request will be displayed in the ‘Payments’ section
- On the left-hand side of the dashboard click the ‘Payment’ icon and then choose ‘Make a payment
- Now select your form from the list and click on the ‘Make payment’ option below the page
- After completing the payment Acknowledgment slip will be displayed
- Select the ‘Payment’ menu and choose ‘Payment history’ and click on the ‘Receipt’ option
- Now you can download the receipt.
Make sure to use the instructions given above without any errors. If any mistakes occur, the process will not be completed.
How Can Vakilsearch Assist With TM Renewal?
You can also easily renew your trademark through Vakilsearch. All you have to do is reach out to our experts and they will help you throughout the process. Trust me, It is always better to leave it to the experts. If TM renewal is not completed at the right time, it may result in major issues.
Our experts will initially collect all the required details for renewing your trademark. Then we will help you to file your TM renewal. From time to time we will update you regarding the TM renewal status. As soon as the trademark is renewed we will provide the TM renewal certificate.
FAQs
What is the period for TM renewal?
The period for trademark (TM) renewal in India is ten years from the date of registration. It can be renewed indefinitely in subsequent ten-year cycles.
Is there any grace period for trademark renewal in India?
Yes, there is a grace period for trademark renewal in India. The grace period is six months after the expiration date, during which the renewal can still be completed.
What is the validity of TM?
The validity of a trademark (TM) in India is initially ten years, with the option for unlimited renewals every ten years.
What is the time limit for trademarks?
The time limit for a trademark in India is ten years from the date of registration, with the possibility of indefinite renewals.
Can a trade mark be renewed?
Yes, a trademark can be renewed in India. Renewal ensures the continued protection and exclusive rights associated with the trademark.
What is the rule 37 of TM rules?
Rule 37 of the Trademark Rules, 2017 in India specifies the procedures and requirements for the renewal of trademarks, including the necessary forms and fees.
How do I know if my trademark is renewed?
To check if your trademark is renewed, you can verify the status on the official website of the Trademarks Registry or through communication from the authorities confirming the renewal.
What happens if a trademark is not renewed?
If a trademark is not renewed, it will be removed from the register. This can lead to the loss of exclusive rights and legal protection associated with the trademark.
How much does it cost to renew a trademark in India?
The cost to renew a trademark in India varies depending on factors such as the type of applicant and the mode of filing. It is advisable to check the official fee schedule or get support from Vakilsearch to know the associated costs for accurate information.
