What Are The Benefits of Trademark Renewal?

What Are The Benefits of Trademark Renewal?

The following are the benefits of Trademark Renewal in India:

Legal Protection 

TM renewal provides it with legal protection and lowers the likelihood of trademark infringement.

For violating a law, a person faces a fine of Rs. 50,000—up to Rs. 2 lakh—and imprisonment for a period of not less than six months, but not more than three years.

10-year Protection 

The benefit of 10-year protection is extended by filing a trademark renewal registration application.

Use of the symbol “R” 

The “R” symbol can be used with a trademark that has been registered, and the registration is good for ten years.

The application for renewal of a trademark must be submitted on Form TM-12 at the appropriate office or head office of the trademark registry no later than six months prior to the expiration of the trademark’s previous registration.

Who should apply?

  • It can be produced by the owner of the registered trademark or by a duly authorized agent.
  • A request for the applicant’s change of address for service on Form TM-50 and a properly executed Power of Attorney in his favor must also be filed if the application is made by an agent who is not on record.
  • An affidavit stating the applicant’s entitlement and all supporting documents must be filed in the event that a renewal is requested by a non-registered proprietor or his agent.
  • Prior to the expiration of the previous registration, the prescribed renewal fee for a class of trademarks is Rs.5,000/-;
  • for the renewal of a trademark registration consisting of a series of marks – Rs.5,000 for each mark;
  • For the renewal of a trademark’s registration for goods or services belonging to more than one class (Multi-class application), Rs.5,000 rupees per class.
  • For the purpose of renewing the collective trademark or certification trademark’s registration, Rs.10,000/-.
  • Renewal following the expiration of the previous registration If the renewal application is submitted within six months of the previous registration’s expiration, it will be accepted with an Rs surcharge. on Form TM-10, 3,000/-.
  • The mark may be removed from the register if the renewal fee and surcharge are not paid within six months of the expiration of the previous registration.
  • The trademark will be removed from the Register on the date of its expiration, regardless of the actual date of removal, if the registered proprietor does not submit a request for the mark’s renewal of registration within one year of the expiration of its previous registration.

As a result, when renewing a trademark, it is necessary to follow the above-mentioned procedure and keep all important considerations in mind.

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