Step by step process for trademark renewal

  1. In order to renew a trademark after it has been registered and in use, the applicant can either do so himself or engage the services of a lawyer who will guide him through the various stages in the process.
  2. To begin, a person must initiate the renewal process before six months from the date of expiry of the trademark.
  3. Each renewal term lasts 10 years which is counted from the date of application.
  4. A trademark can be renewed from time to time if a person applies for it in time and submits the requisite renewal fees, failing which it would be removed from the list of registered trademarks.
  5. Renewal of a trademark is of utmost importance as a trademark helps to identify a product/service. Use of the trademark over a number of years makes it synonymous with the particular product/service and use of a similar/identical mark by anybody else would amount to trademark infringement.
  6. Form-12 is the prescribed form that needs to be filled and submitted along with the prescribed renewal fee. This can be downloaded and submitted online(www.ipindia.nic.in) or at the trademarks office in the city, it is located in Dwarka in Delhi..
  7. While filling the form, the applicant must be careful that the details are filled out by the same person in whose name the trademark is registered.
  8. After filling the form, the next step would be payment of renewal fees which is Rs. 5,000 per class.
  9. After submission of form and payment of fees, the status of the application can be tracked online on www.ipindia.nic.in website.
  10. The renewal process can take anywhere between 6-9 months.
  11. In case a person wishes to renew his trademark after it has expired, he can do so by applying for restoration by submitting an application along with the fee. This has to be done within six months from expiry.
  12. Once the mark is advertised and is not objected by another person, the mark will be restored and can be used by the applicant. 

Documents required to be submitted: Copy of Form-12 duly filled by applicant, copy of renewal fee payable, power of attorney (Rs 100 stamp paper), documents showing use of the trademark, document showing expiry date of trademark.

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