Fees for Trademark Renewal

Introduction

Registrations for trademarks are eternally renewable and valid for ten years, subject to the payment of renewal fees. Six months before its expiration, it must be renewed. You will receive a reminder at your registered address before the expiration date, even if you overlook it, which happens often, even with large organizations

Legal Provisions Concerning Trademark Renewal and Trademark Renewal Fees

The Trademark Act of 1999 contains legal provisions about trademark renewal. Under the Trademark Act of 1999, trademark renewal is essential for maintaining trademark protection. 

Provision for Trademark Renewal Fees

A registered trademark may be renewed for ten years following the date of the last renewal or the expiration of the original registration under the Trade Marks Act of 1999. 

The registered proprietor must submit an application to the Registrar of Trademarks in the required format and within the required time frame in order to start the renewal procedure. 

The Registrar will extend the registration for ten years after receiving the application and paying the required cost.

Section 25: Removal of Registered Trademark Owing to Non-Renewal

The Registrar must notify the registered proprietor of the expiration date and the requirements for renewal of a trademark before the last registration expires. 

The Registrar can withdraw the trademark from the register if the renewal requirements still need to be fulfilled in the allotted period. 

However, the Act allows the owner to renew the trademark for an additional price within a six-month grace period following the trademark’s expiration date.

Furthermore, the trademark owner may apply for restoration within a year of the previous registration expiring if the trademark has already been removed from the register owing to non-payment of the renewal price. 

After receiving an application and payment of the required amount, the Registrar may restore the trademark and renew its registration, subject to the Registrar’s discretion on any restrictions or requirements.

Section 157: The Central Government’s Jurisdictional Power 

The Central Government may establish regulations to carry out the Trade Marks Act’s provisions by publishing a notice in the Official Gazette and meeting the requirements of earlier publication. 

These regulations may specify the format for applications for renewal and restoration, the deadlines for submitting them, and the associated costs and surcharges. 

In addition, as stated in sub-section (3) of Section 25, the rules may stipulate the manner and duration within which the Registrar must give notices.

Advantages of Trademark Renewal

The benefits of renewing a trademark are several for the owner:

1. It provides rights that are protected by the law as well as legal protection.
2. In addition to protecting against trademark infringement, renewal provides the legal groundwork for pursuing damages when such violations occur.
3. Trademarks that are renewed permit their holder to transfer ownership to a different entity, be it a company or an individual.
4. A trademark that is legally registered can be licensed, increasing its value.
5. By ensuring renewal, the holder’s exclusive rights are maintained, maintaining the distinctive identity and reputation of the brand.

The Documentation Required to Renew a Trademark

When submitting the TM-12 renewal form to the Registrar of Trademarks (RoT), the following paperwork needs to be included to renew a registered trademark:

1. A certified duplicate of the original certificate of trademark registration.
2. A certified copy of the original trademark registration’s TM-A form is required.
3. The applicant’s evidence of identity.
4. Evidence of the applicant’s residency.
5. If the applicant is acting on behalf of the trademark owner, a Power of Attorney is needed.

Conclusion

To sum up, brand owners in India must renew their trademarks to safeguard their legal rights and preserve the uniqueness of their brands.

Brands can guarantee continued protection for an extra ten years by following the guidelines for trademark renewal, including timely application filing, submission of necessary documentation, and proper payment of trademark renewal fees. 

On the other hand, skipping the trademark renewal process can leave you open to infringement and lose your legal protection. Paying the trademark renewal fees and proceeding with the process is important.

Secure your intellectual property with Lawgical Adda. Whether it’s Trademark Registration, Patent Registration, Design Registration, handling Trademark Opposition, or Lawgical Adda Fees Payment Services, we’ve got you covered. 

Let us guide you through the process to protect your innovations. Reach out to Lawgical Adda for expert guidance. Contact us today!