Advantages of Trademark Renewal

1. Legal Protection
Renewing your trademark strengthens your legal rights, allowing you to enforce your trademark more effectively in court if infringement occurs.

2. Establish a Distinct Brand Identity
Trademark registration is the foundation for building a unique brand identity. Renewal helps maintain exclusive rights, preventing others from registering similar marks for related goods or services.

3. Create Business Opportunities
A renewed trademark is a valuable intangible asset. It can open avenues for revenue through licensing, franchising, or transferring ownership to interested parties.

4. Extension of Ownership Rights
Renewal extends your ownership rights over the trademark, preserving the goodwill associated with your brand and ensuring continuous protection.

5. Reduced Risk of Litigation
By renewing your trademark on time, you minimize the risk of disputes and litigation. It also prevents others from claiming rights over your registered mark.

6. Protection for Brand Name
Trademark renewal guarantees uninterrupted legal protection for your brand name, offering peace of mind. Failure to renew may lead to loss of these protections.

Documents Necessary for Trademark Renewal

1. Copy of the Registered Trademark Certificate
   Proof of existing registration owned by the proprietor/applicant.

2. Proof of Commercial Use
   Documents demonstrating the intention and actual use of the trademark in business (such as invoices, advertisements, or packaging).

3. Trademark Search Report
   A recent search report confirming no identical or confusingly similar trademarks exist, including checks on well-known and licensed trademark databases.

4. Power of Attorney (if applicable)
   Authorization letter or power of attorney allowing a representative or agent to act on behalf of the applicant.

5. Address Proof and Photo ID of the Applicant
   Government-issued identification and proof of address of the trademark owner or applicant.

6. Copy of the Original Application (Form TM-A)
   A copy of the initial trademark registration application for reference.

7. Legal Opinion (Optional but Recommended)
   In case of potential conflicts or disputes with other trademarks, a legal opinion or advice regarding the feasibility of renewal.

8. Completed Renewal Application
   Properly filled trademark renewal form (TM-R) submitted along with the prescribed fees.

Procedure for Trademark Renewal

1. Submission Timeline

   • The trademark owner must submit the renewal application using Form TM-R to the Registrar of Trademarks.

   • This should be done no later than six months after the expiration of the registration.

   • Alternatively, it can be filed one to three months before the registration expiry date.

2. Renewal Notice by Registrar

   • The Registrar sends a renewal reminder to the trademark owner before the expiry date.

   • If no renewal notice is issued, the trademark cannot be removed for non-renewal.

3. Payment of Renewal Fees

   • The prescribed fees must be paid along with the renewal application.

   • Fees vary based on the mode of submission:

     • In-person filing: ₹10,000

     • Online e-filing: ₹9,000

4. Types of Renewal Applications

   • Simple Renewal: No changes to the trademark.

   • Renewal with Modifications: If any alterations or updates to the trademark are needed, these are included in the renewal request.

5. Filing by Authorized Representative

   • The renewal application can be submitted by an authorized agent or trademark professional; the registered owner does not have to file personally.

6. Publication in Trademark Journal

   • Once the renewal is approved, the trademark status is updated and published in the official Trademark Journal.

7. Review and Approval

   • The application undergoes a quality and compliance check before final renewal approval.

Additional Tips:

• Keep track of your trademark expiry date to avoid missing the renewal window.

• You can check your trademark status and renewal updates in the Trademark Journal or via the online portal.

Accura Tax Solutions Services Support 

• Support in transitioning a Trademark Renewal

• Purchase a Plan for Expert Assistance

• Add Queries Regarding the Conversion

• Provide Documents to Accura Expert

• Complete All Other Required Actions

• Get Your Work Done!