Online Trademark Renewal in Delhi
In India, trademarks are registered initially for 10 years and are due for Trademark Renewal thereafter (As per section 25 of the Trademarks Act, 1999). The application for trademark renewal has to be filed within 1 year before the expiry of the registered trademark (as per Rules 57 & 58 of The Trademark Rules, 2017).
Trademark Renewal Starts Just – 4999*/-
What Is Trademark Renewal In Delhi?
In India, trademarks are registered initially for 10 years and are due for renewal thereafter (As per section 25 of the Trademarks Act, 1999). The application for trademark renewal has to be filed within 1 year before the expiry of the registered trademark (as per Rules 57 & 58 of The Trademark Rules, 2017).
Before the last registration of a trademark expires, the owner of a registered trademark is supposed to receive a notice from the office of the Trademark Registrar, informing him about the impending expiry and the conditions related to the payment of fees. If the owner fails to obtain the renewal before the expiry, the Registrar is at liberty to remove the trademark from the trademark register.
If the deadline for trademark renewal is missed, the same can be filed within 6 months after the expiry, albeit with an additional fee for late filing.
How To Do The Online Trademark Renewal In Delhi ?
Online Trademark Renewal in Delhi can be done in two ways
- You can apply for online trademark renewal in Delhi to alter any words or sign in your existing trademark, or
- You can apply for online trademark renewal in Delhi, without making any changes to the existing trademark
The step-by-step procedure for Trademark Renewal in Delhi is mentioned below-
- If you are a registered proprietor, you need to file the form TM-R to apply for the renewal of your trademark
- The application may be filed either by you or by your authorized agent
- The form TM-18, along with an affidavit needs to be submitted in support of your statement
- You need to submit a trademark renewal fee of Rs 10,000 if you intend to do a physical filing. For trademark renewal online, you need to pay Rs 9000 as the trademark renewal fee.
- The application will then be scrutinized for the correctness
- On being satisfied, the Trademark Registrar will issue a certificate of renewal in the name of the trademark owner.
- The renewal will be duly reflected in the Trademark Journal.
Documents required for the Trademark Renewal in Delhi (INDIA)
1.
A copy of the trademark registration certificate.
2.
Power of attorney to represent the applicant
3.
Photo ID and address proof of the applicant
4.
Copy of application form of Trademark registration
Checklist for Trademark Renewal in Delhi (INDIA).
Duration to a Trademark Renewal in Delhi
The renewal can be filed within one year prior to the date of the expiry as per rules 57 and 58 in Trademark rules 2017
- The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trademark rules 2002.
- The renewal can also be filed within six months after the date of expiry
For renewing a trademark along with the allotted fee the following forms must be provided.
| Form | Purpose | Cost (physical filing) |
Cost (e Filing) |
|---|---|---|---|
| TM- R | Application form for renewal of a registered trademark to be used by the registered proprietor | Rs. 10,000 | Rs,9000 |
| Application for renewal with a surcharge of registration of a Trademark | Rs 5000+ Renewal fee | Rs 4500+ Renewal fee | |
| TM-18 | Affidavit in support of the statement of the case | - | - |
Mandatory Notice from the Office of the Registrar of Trademarks
The office of the registrar of Trademarks will send a notice 6 months before informing the proprietor about the deadline for renewal of the trademark.
If the trademark is not renewed within a stipulated time then the trademark will be removed from the register of Trademarks.
However, the trademark can be restored by filing an application along with the required fee.
The application for trademark renewal needs to have these documents attached a copy of the registration certificate, power of attorney, ID and address proof of the applicant, and a copy of the TM 1 form.
The trademark registration is an asset for the company under this a word or visual symbol is used by a business to help them distinguish the goods and services from that other similar goods and services. Thus, renewing a trademark is always beneficial.
A trademark renewal application should be made six months before the expiry of the registration. An application is to be made with the payment of fees.
A trademark can be restored after the expiry within 6 months to keep using it. An application is to be made for the same.
The trademark registration helps an individual obtain exclusive rights for the use of words or symbols. Whereas the Trade renewal helps in continuing the ownership and use of the trademark.
Trademark registration is valid for 10 years, the process of renewal begins after the period of expiry
In case if the trademark registration is not renewed the trademark would be removed from the register and any other person claim and get it registered to their name.
Renewing a trademark does not create any changes in the rights of the trademark owner. A long as the trademark is valid the trademark holder can enjoy all the rights that he or she has acquired while registering.