There are many advantages to renewing a trademark. Registration of the trademark awards the holder of the trademark many rights that are protected by law. It prevents the infringement of the trademark and also provide for restitution in case of such infringements. It also allows the holder the right to transfer the trademark to another person or company at their will. Licensing of trademarks is only possible if the holder of the trademark has registered the trademark, therefore a registered trademark holds immense monetary value. With timely renewal, the original owner of registered trademark can enjoy the exclusive right of the mark and prevent anybody from claim rights over it. Any licenses or assignments for the registered marks also get expired with the expiration of registered mark.
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Consultation regarding Renewal
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Preparation and Filing of Trademark Renewal Application
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A Trademark Registration is granted for a term of 10 years in India. The renewal of the trademark is necessary to continue enjoying your ownership rights over it. Renew your trademark before 6 months from the date of expirationor within one year of expiration with prescribed surcharge. Trademark Renewal in India can help you keep your trademark perpetual and permanent as there are no restrictions on how many times and for how many years you wish to keep your trademark status active and registered.
An application for renewal of Trademark in India shall be within6 months before the expiry of 10 years from the date of application. However, renewal can be filed within one year after the date of expiry with additional prescribed surcharge.
You can apply for the restoration of an expired trademark within 6 months from its expiry date to keep using it. But the delay of 6 months can be risky and shall attract additional fees and documentation.
An online or offline trademark renewal application shall be made with the help of Registered Trademark Attorney in India with the payment of renewal fee and additional or late fee (as applicable). A trademark renewal request can be filed six months prior to the date of trademark expiry. Before the expiry of the trademark, the registrar sends a notice to the owner regarding the expiry and the renewal fees and conditions. In case of lapse, the trademark gets removed from the register. An extension period of one year post-expiration is given in case one misses the deadline along with an additional late fee.
Trademarks are usually territorial and are valid only within the country where they are filed. However, one can file for registration separately in individual countries, which can be an expensive proposition or you can submit an application via WIPO or CTM for registration across multiple countries.
In the case of non-renewal, the consequences are severe. Because the trademark will be removed from the register and any other person can claim it and get it registered to their name and the license will be void, if anything exists.