An intellectual property protection procedure, Trademark Registration allows a business or an individual to register and legally protect a logo / symbol / tagline creating the brand identity for the goods and services offered by that identity. A trademark offers a unique identity to the entity and any infringement to the trademark is punishable under the Trademark Act 1999.
The registered trademark uses the symbol R along with its mark. The registration of a trademark is valid for 10 years and needs to be renewed before the expiry. The Trademark Registrar sends the reminder to the proprietor when the Trademark is nearing its expiry. It is recommended to apply for Trademark Renewal before 6 months of expiry. Trademark Renewal can be filed with changes in the existing mark and trade categories, or can be filed with no changes as well.
In case, the entity forgets to renew the trademark before expiry, the mark becomes liable to be removed from the Trademark Journal. However, a renewal application can be filed within 6 months after expiration along with late filing feel. And if that is also forgotten, then a restoration application can be filed within a year after expiration, failing which the mark will be removed from Trademark Journal.
The Trademark Renewal application Form TM-R needs to be prepared and filed timely before expiration of the mark to assure continuous protection of the trademark without any chances of litigation. Jain Divya & Associates can help you prepare the renewal application and file it with the Registrar. The filing of Trademark Renewal application takes around 10-12 days, subject to government processing.
Documents Required for Trademark Renewal
Copy of Registration Certificate
Power of Attorney
Identity Proof of Applicant
Address Proof of Applicant
Copy of TM-1
Procedure for Trademark Renewal
- The trademark renewal application Form TM-R / TM-12 as applicable is prepared based on the requirement.
- The application along with all the documents are submitted to the Trademark Registrar and Trademark Renewal is filed.
- The Registrar reviews the application and Certificate of Renewal is issued.
The Trademark Renewal guarantees protection against infringement. According to the Trademark Act 1999, an person or entity indulging in the infringement of the Trademark is punishable by law and the punishment varies from 6 months to 3 years imprisonment or 50 thousand to 2 lakhs fine or both. To know more about Trademark rules and laws, set up an consultation appointment with Jain Divya & Associates.
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