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A trademark is a valuable asset that protects your brand identity and distinguishes your products or services from competitors. However, trademark protection is not indefinite—it requires renewal every 10 years to maintain legal ownership. Failing to renew a trademark can result in loss of exclusive rights, allowing others to register and use a similar mark.
1. Application for Renewal (Form TM-R)
2. Examination by the Trademark Office
3. Publication in the Trademark Journal (if required)
4. Trademark Renewal Confirmation
✔ Ensures Continuous Brand Protection – Maintains your exclusive rights over the trademark.
✔ Prevents Trademark Removal – If not renewed, your trademark may be removed from the registry.
✔ Protects Brand Reputation & Goodwill – Prevents others from using or registering a similar mark.
✔ Avoids Legal Complications – Saves time, effort, and cost associated with trademark restoration.
1. Registered Trademark Owner
The primary trademark owner (the individual or business entity that originally registered the trademark) has the legal right to apply for renewal. The renewal request must be submitted before the 10-year expiry date to maintain continuous protection.
2. Authorized Trademark Agent or Attorney
A trademark owner can appoint a registered trademark agent or attorney to handle the renewal process on their behalf. This is useful for businesses that want to ensure a smooth renewal process without legal complications.
3. Legal Heir or Successor of the Trademark Owner
If the original trademark owner has passed away or the business has undergone ownership changes, the legal heir or successor can apply for renewal. Proper legal documentation (such as a succession certificate or transfer agreement) may be required.
4. Business Entities & Companies
For trademarks registered under a company, the company itself (or its authorized representative) must apply for renewal. If the company has been merged or acquired, the new entity holding the trademark rights must ensure timely renewal.
5. Assignees or Trademark License Holders (If Applicable)
If a trademark has been assigned or transferred to another party through a trademark assignment agreement, the new trademark owner must renew the trademark under their name.
Similarly, if a trademark has been licensed, the license holder may not directly apply for renewal unless specified in the license agreement.
1. Trademark Registration Certificate
A copy of the trademark registration certificate is required to verify the existing trademark details.
2. Copy of Trademark Application (Form TM-A)
The original trademark application form (TM-A) serves as proof of the trademark’s initial registration.
3. Renewal Application Form (Form TM-R)
The official trademark renewal application form (TM-R) must be filed with the Trademark Registry to extend the validity of the trademark.
4. Power of Attorney (If Filing Through an Agent or Attorney)
If the renewal application is submitted by a trademark attorney or agent, a Power of Attorney (POA) must be provided, authorizing them to act on behalf of the trademark owner.
5. Identity & Address Proof of the Applicant
Any one of the following documents is required as proof of identity and address:
✔ Aadhaar Card
✔ PAN Card
✔ Passport
✔ Voter ID
✔ Driving License
For businesses:
✔ Company Incorporation Certificate (if the trademark is registered under a company)
✔ Partnership Deed (if registered under a partnership firm)
6. Proof of Trademark Usage (If Required)
In some cases, the Trademark Office may request proof that the trademark is actively in use. This can include:
✔ Business invoices and receipts
✔ Advertising materials featuring the trademark
✔ Product packaging with the trademark logo
7. Trademark Assignment/Ownership Transfer Documents (If Applicable)
If the trademark ownership has been transferred or assigned to another entity, relevant trademark assignment documents must be submitted to update ownership details before renewal
✔ Timely Reminders – Never miss a renewal deadline.
✔ End-to-End Filing Assistance – Hassle-free trademark renewal by legal experts.
✔ Trademark Watch Services – Keep track of possible infringements on your brand
Trademark renewal is the process of extending the validity of a registered trademark beyond its initial 10-year registration period to continue enjoying exclusive rights over the brand.
You should apply for renewal before the expiry date of your trademark. The renewal window opens 12 months before the expiration and extends up to 6 months after expiration with a late fee.
Yes, you can renew a trademark within 6 months after expiry with a late fee. If you miss this deadline, you’ll have to go through a trademark restoration process with additional penalties.
No, renewal only extends the validity of an existing trademark. If you want to modify the logo, name, or any other details, you must file a separate modification application.
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