Drafting and filing of trademark renewal application. For individuals, proprietorship’s, registered SMEs and registered Startups.
Drafting and filing of trademark renewal application along with MSME registration certificate.
Drafting and filing of trademark renewal application. For entities without Startup or MSME registration.
Steps to Follow When Applying for a Renewal or Change of Trademark Renewal
A trademark acts as a distinction between goods or services offered on other similar goods or services from a different business. A registered trademark cannot be registered if it is found to be offensive, devoid of diversity, and contains government symbols.
However, it is necessary to renew the registration of trademarks as they are valid for 10 years. Renewal of trademark registration can be done 6 months before the expiration date. A trademark renewal notice is sent before the expiration date.
If the person fails to renew the trademark then the registrar may remove the trademark from the Trademarks journal. But again this only happens 12 months after the expiration. Between 6 and 12 months after expiration, the trademark registration can be renewed upon payment of a fine through a process called repayment.
Documents required for mark renewal
- Copy of trademark registration certificate
- The power of attorney to represent the requester
- Photo Id and proof of address of the applicant
- A copy of the trademark registration application form
Trademark Renewal Checklist
- The trademark must be registered, owned, and renewed
- Do a trademark search to make sure there are no identical trademarks
- Get a legal idea of a possible solution to a trademark dispute.
- Prepare an application for renewal and thus comply with the applicable terms.
Trademark Renewal Process
How Do You Renew a Trademark?
Trademark renewal is of two types:
- There is a change and alteration of a registered trademark or logo
- The application is made without changing the trademark
Here is a simplified process:
Step 1: Application for renewal of trademark registration in the form of TM-R.
Step 2: The application may be submitted by the registered owner of the mark or by an authorized agent.
Step 3: By applying for a trademark renewal, you will renew it for another 10 years.
Step 4: Occasional verification of the application is very important until it is considered by the registrar.
Step 5: A trademark journal is an official trademark registration register that governs the state of acceptance or rejection. If the application is approved it is advertised in the trademark journal. And the renewal process should begin 3 to 6 months before the mark expires.
Step 6: Application Form 18 and the required fees. The application is reviewed for quality before it can be approved for renewal.
Time to Replace Trademark
- Trademark registration may be revoked after six months and within one year from the expiry date of final mark registration.
- The following forms must be provided together with the application for renewal of the mark and the fee payable:
However, the following members may apply for a trademark renewal or refund
- Owner of a registered trademark
- Agent associated with a registered trademark
Duration of renewal of trademark registration
- Renewals can be filed within one year prior to the expiry date in terms of rules 57 and 58 of the mark rules 2017
- Renewal may be lodged within six months prior to the expiry date in terms of rules 63 and 64 of the Trademark Act of 2002.
- Renewal may be lodged within six months after the expiry date
To renew the trademark and allocated funds must be provided on the following forms.
Mandatory Notice from the Office of the Trademark Registrar
The Office of the Trademark Registrar will send a notice 6 months prior to notifying the owner of the mark renewal deadline.
If the trademark is not renewed within the prescribed period the trademark will be removed from the trademark register.
However, the trademark may be refunded upon application and the required amount.
Frequently Asked Questions
The application for renewal of a trademark requires that these documents attach a copy of the registration certificate, power of attorney, identity document and proof of address of the applicant, and a copy of the TM 1 form.
Trademark registration is a company property under which the name or trademark is used by the entity to help them distinguish the goods and services from those other similar goods and services. Thus, renewing the trademark is always profitable.
An application to renew a trademark must be made six months before the expiry of the registration. The request must be made by payment of the fee.
The trademark may be returned after expiration within 6 months to continue using it. The request should be made for the same.
Trademark registration helps a person gain exclusive rights to use words or symbols. Although Commercial renewal helps to promote brand ownership and use.