“A brand is the set of expectations, memories, stories and relationships that, taken together, account for a consumer’s decision to choose one product or service over another.” – Seth Godin

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Trademark

Trademark renewal process in India

Trademarks are the graphically represented marks which help people identify the company or person who produced the goods or services and can be registered under the Trademark Act, 1999 with the Trademark Registry offices. In India, as per Section 25 of the Trademarks Act ,1999 read with Trademarks Rules, 2017 (Rule 57), the prescribed period for filing the Trademark renewal application is anytime not more than one year before the expiration of the last registration of the trademark by paying the prescribed renewal fees, failing which the trademark will be removed from the Register. 

Trademark Renewal Application Filing Procedure in India 

The procedure for filing an application for Trademark renewal is as follows:

  1. An application for the renewal of a Trademark is to be made under Form TM-R along with the prescribed fee anytime within one (1) year prior to the expiry of the registration of the mark. The Trademark shall be removed from the register if the Applicant fails to submit the requisite fee along with the Form TM-R.
  2. If application for renewal of a Trademark is not filed along with the prescribed fee, the Registrar shall send a notice at the address of service provided by the proprietor informing them of the Trademark of the renewal deadline. Such notice is to be sent not more than 6 months prior to the expiry of the registration. It is provided that Trademark can be removed from the register only after such a notice has been served on the proprietor by the Registrar.
  3. In case a Trademark is due for renewal, and it is registered anytime within six months before the renewal due date or after the renewal due date, then in such case, the Trademark registration may be renewed by the payment of the prescribed renewal fee within six months after the actual date of registration.
  4. In all of the aforesaid situations, if the renewal fee is not paid within the prescribed period, the trademark is liable to be removed from the Register of Trademarks. 

Trademark Renewal Filing Fee

The official fee for trademark renewal in India is INR 9000/- for filing application for Trademark renewal in one class.

NOTE: In India, the Trademark renewal does not require examination by the Registry as filing for a renewal within the statutory period along with the prescribed fee is a matter of right of the proprietor.

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