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Documents Required for Trademark Renewal
In the last few years, India has seen a remarkable rise in the number of Trademark registrations. All these activities fall under the Trademark act of 1999. After the registration of the trademark, it is valid for 10 years. After this, one has to file for the trademark renewal process. Now the process has been simplified and you can easily go for trademark registration online. After 10 years, when you will re-register for the trademark, there are trademark renewal fees that you need to pay. This fee is again valid for the next ten years.
Now, what will happen if the owner does not pay the fees before the expiry date? In this situation, the trademark gets removed from the trademark registered list. In case one fails to renew the trademark after 10 years, then they need to go for trademark restoration. If It is In this case, some additional fees need to be paid. We will be highlighting the same ahead in the blog.
Documents Needed for the Renewal of the Trademark
- Copy of registration certificate power of Attorney
- An Identity card and address
- A copy of TM-A
- Proof of the applicant
Trademark Renewal Fee
If you have a trademark, then it must be renewed after 10 years. The trademark renewal fees that one needs to pay is Rs. 9000 in case of e-filing and if you opt for offline mode of trademark renewal, the fee is Rs. 10,000.
In case one has crossed the timeline for re-registration, then he has to apply for restoration and renewal as per Section 25(3), 25(4) for each class. In such a case the restoration fees would be Rs. 18,000 for e-filing and Rs. 20,000 for physical filing.
Steps for the Renewal of the Trademark
Between three months and one month, from the expiry time, the registrar should get an application for the renewal of the trademark by the agent (authorized). But if the registrar does not get any application, then he or she will tell the agent about the trademark expiry.
If the fees for the renewal is not paid, then the registrar may remove the trademark. After this, the registrar will advertise it in the official journal. Under section 25(3) of the Trademark Act 1999, if an application is submitted to the registrar that the payment of the renewal of the trademark will be made under the six months from the expiry time.
However, the trademark will expire if no application is submitted under the six months of the expiry.
Under Section 25(4) of the Trademark Act, 1999, within one year from the date of expiry of the trademark, an application may be submitted to the registrar for the restoration of the trademark. After getting the application for the restoration of the trademark, the registrar will see both the request and the interests of various affected people.
Upon the restoration, the registrar shall send an application to the proprietor about the trademark restoration. Not only this, in the official journal it should be advertised.
The registrar invites for the objection of the trademark against restoration after the advertisement is done. The trademark will be restored when no objection will be there. It will be restored for ten years. But what if an objection is there on the restoration of the trademark? In that situation, a hearing is conducted. After listening about both the parties, the registrar decides that the trademark shall be restored or not. However, if any other person applies for the trademark registration, then in that situation, an objection has to be filed against the third party by the proprietor.
One must go for trademark restoration, then the trademark is safe and protected. Failure to do so will leave it open for others to take it away. So, timely renewal is a must. Documents Required for Trademark Renewal.
FAQs
What is the trademark renewal fees?
For the renewal of a trademark, one has to pay Rs. 9000 in case of e-filing and Rs 10,000 for offline filing.
Can I amend the registered trademark?
Yes, if you want to amend the trademark after some time, then you can do so as per the provision of Section 22 of the Trademarks Act. As per this section, one cannot make substantial changes in the trademark, but they can change the superficial character or feature of the trademark. The request for the same must be filed in the defined format along with 16 copies of the amended label mark.
How can I keep my trademark unique and safe?
Here are a few of the ways that will help you keep your trademark protected and safe:
- Choose a unique trademark and register it
- Timely trademark renewal is a must
- Run through the India Trademark Journal
- Stay alert to the notice cases of trademark infringement
