How Can I Renew My Trademark?
As we all know, the trademark registration is governed under the Trade Marks Act, of 1999 read with the Trademark Rules, as amended occasionally, so is the case with trademark renewal.
Before we discuss Trademark Renewal, we should understand what is a trademark and how it is registered?
What is a trademark?
A trademark can be a word, logo, tagline, phrase, symbol, design or a combination of these things that identifies your goods or services. Trademarks, often called as Intellectual Property Rights are becoming increasingly important since the customer identifies the goods or services with the brand names/trademarks of the Corporates/entities.
A ‘trademark‘ means a mark, capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others, and may include the shape of goods or their packaging and combinations of colors.
The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.
How a Trademark is registered?
A Trademark is registered under the Trademarks Act, 1999 with the Registry of Trademarks in India.
Trademark Applications can be filed online at www.ipindia.gov.in or off-line.
Form TMA has been prescribed under the Act.
The applicable fees is Rs.4500/- in case of individuals, proprietorship firms, MSME entities (online filing). In case of off-line filing, the fees is Rs.5000/-.
In any other case, fees towards filing- Rs.9000/- (online) and Rs.10,000/- (in case, offline).
What is the validity of the Trademark registration?
A trademark registration in Chandigarh is valid for a period of 10 years from the date of application filing.
When the Renewal of trademark becomes due?
A trademark renewal becomes due within one year before the expiry of the last registration of the Trademark.
The Applicant, in case, misses to file the renewal of the trademark within the prescribed time period, he / she can file the same within 6 months of the expiry of the registration of the Trademark with the surcharge on filing fees.
Which form deals with the trademark renewal?
Form TMR is required to be filed for renewal of the trademark.
What is the fees towards filing of form TMR?
In case, online application is filed, fees is Rs.9000/- and in case of offline application, fees is Rs.10,000/-.
What will happen in case, trademark is not renewed within 6 months of the expiry of the trademark registration?
In case, trademark is not renewed within time prescribed, the Registrar may remove the trademark from the Register. In case, a trademark has been removed from the Register, the Registrar may, after the period of 6 months and within 1 year of the expiry of the last registration of the trademark, on receipt of the application in Form TMR and on payment of the prescribed fees, if satisfied, that it is just to do so, may restore the trademark and renew the registration.
What is the validity of the renewal of the trademark registration?
A renewed trademark is valid for another period of 10 years from the date of renewal. A trademark can be renewed indefinitely by filing the renewal applications after every 10 years.
Why trademark renewal is important?
1. Trademarks are the most valuable intangible assets of any company/entity.
2. They provide a unique identity to the entity.
3. They have the potential to generate huge returns to the Company, whether in terms of the product market or on licensing or assignment of the mark.
4. They offer legal protection to the Company; nobody can use the affordable trademark services which is registered in the name of the entity.
Now the next immediate question that comes to your mind is how to register/renew our trademark.
Brij Agnihotri and Associates, Company Secretaries, Registered Trademark Agents, and Registered Valuers (SFA) are experts in legal matters corresponding to the corporate realm. They can offer you assistance as well as guidance and services such as that of company secretary, as well as in matters pertaining to company incorporation, LLP registration, apart from trademark registration/renewal. If you are looking for trademark agents for filing your trademarks/logo / brands, you must look no further. Their services are offered at a very feasible price which are in no way taxing or burdensome to your pocket, and solve your problem without extorting humongous sums of money from you. They help you get the ‘™’ symbol which stands for applied trademark trademark application or the ‘R’ symbol which shows that your product or services are registered. At Brij Agnihotri & Associates, quality services are assured and customer satisfaction is the priority.
