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TRADEMARKS RENEWAL
Overview
As per section 25 of Trademarks Act, 1999 read with rules 57 of Trademarks Rules, 2017, trademark registration is valid for the period of 10 years from the date of application. However, renewal application maybe made at any time not more than one year before or one year after the expiration of the last registration of the trademark, in form TM-R by paying requisite fee.
For example, let’s say a Trademarks application was filed as on 16/06/2020 and the same was accepted as on 15/09/2020 and advertise as on 21/09/2020 in Trademarks Journal and received registration certificate as on 01/03/2021, in such case, the trademark registration will be valid for the period of 10 years from the date of application i.e. from 16/06/2020 till 16/06/2030 and not from any other date (be it date of acceptance or date of advertisement or date of registration).
Once, the trademark is registered it will be valid for next 10 years from the date of application. In between these 10 years, no legal obligations, no fees and other statutory requirement regarding maintain trademarks to be done.
The process of Trademarks renewal is both in online and offline mode. However, in online mode 10% rebate is provided by the department. The application is to be filed in form TM-R on official IP India website through Agent/Attorney portal or through client portal.
Where a Trademark has been removed from the register for non-payment of the prescribed fee, the Registrar shall, after six months and within one year from the expiration of the last registration of the trade mark, on receipt of an application in the prescribed form and on payment of the prescribed fee, if satisfied that it is just so to do, restore the trade mark to the register and renew the registration of the trade mark either generally or subject to such conditions or limitations as he thinks fit to impose, for a period of ten years from the expiration of the last registration.
Documents Required for Trademarks Renewal
- Trademarks application no. or Registration certificate
- Power of Attorney in the name of Agent/Attorney
- Any other document or information, as required, from case-to-case basis.
Procedure for Trademarks Renewal
- Share application number and other info with us.
- Pay the government and professional fee through our portal
- Provide us with signed Power of attorney (Format will be provided by Startup Sampark)
- We shall then file form TM-R and pay requisite fee at IP India portal for Trademarks.
- Within 15-20 days you shall receive Renewal Letter.
- Within a week, the trademark shall be advertised in TM journal.
Note: Above mentioned documents are to be drafted by Startup Sampark.
Startup Sampark Procedure for Trademarks Renewal
Renewal of Trademark is very detailed procedure, which requires keen knowledge, procedure and team of professionals. Each TM Renewal application has its tailored requirements. We at Startup Sampark have a full-fledged, dedicated team of professionals. You are required to fill the form and then our experts will reach out to you, to know the exact requirement and gather further information. Then our experts at STARTUP SAMPARK will be at your disposal for assisting you with guidance concerning TM Renewal application and its compliances. Our professionals will assist you in planning seamlessly at the least cost, confirming the successful conclusion of the process. We shall guide you with Do’s and Don’t’s as well. We will begin working on your request once all the information is provided, and the payment is received.
Why Startup Sampark?
Startup Sampark is one of the platforms which coordinates to fulfil all your Secretarial, Legal, Licensing and Taxation requirements and connect you to consistent professionals. Our team consist of Chartered Accountants, Company Secretaries, Cost Accountants, Advocates, Patent and Designs Agents, Trademarks & Copyright Attorneys, Paralegals and other legal professionals.
We are a management consultancy and technology platform to simplify legal and business related matters. We are committed to help start-ups, small business owners and non-compliant businesses in solving their legal, secretarial and taxation compliance related to setting up and running the business smoothly and compliantly.
Our clients can also track the assignment progress at all times through a dedicated portal provided to you along with User Id and Password. You can comment and find the resolution and ask questions on the dedicated portal provided to you. If you have any questions about the TM Renewal application, our experienced representatives are just a call away.
- Step 1: Fill the query form.
- Step 2: Our Expert will connect with you
- Step 3: Make payment through hassle free payment portal
- Step 4: Get confirmation on mail and receive User Login and password
- Step 5: Submission of documents with us on our client portal
- Step 6: Executive will process your application
- Step 7: Track progress of your order all the time on our client portal
- Step 8: Greetings, Order completed
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FAQs
It usually takes 1-2 days to file Trademarks renewal application. We shall file the application the very same day on receipt of signed power of attorney from the applicant.
Once the application is filed, the applicant should receive renewal letter within 15-20 days.
You will receive notice for renewal of Trademarks. Your Attorney shall also receive an email for renewal.
Apart from Startup Sampark’s professional fee for applying for trademarks renewal, government fee is INR 9000/- for form TM-R (online mode).
No, you will only receive the renewal letter. However, the applicant can apply for duplicate certificate along with requisite fee. Note that there shall be no issuance of physical certificate.
If there is delay in filing of trademarks renewal application, then there shall be a surcharge of INR 4500/- (online mode) over and above the basic renewal fee.
To restore the trademarks, the restoration fee of INR 9000/- (online mode) shall be paid, over and above the basic renewal fee.