TRADEMARK RENEWAL
It is most essential and imperative to keep registration of a trademark valid and subsisting so as to prevent any infringement action or dilution of distinctiveness. Validity of a registration of a trademark is the most essential part and therefore renewal fee is to be paid periodically to keep valuable registration of a trademark in force.
With the help of extensive experience and our state of the art technology, we manage and look after renewals of all registered trademarks which are updated regularly. We provide dedicated renewal services for small to large portfolios efficiently and in the most cost-effective manner so as to protect the registered trademark in the best possible way.
Frequently Asked Questions
Section 25 read with Rules 57 to 61 of the Trade Mark Act, 1999 and Trade Mark Rules 2017 are governing provisions of renewal and restoration of Trademarks.
Registration of a Trademark is valid for a period of 10 Years from the date of application. If priority is claimed, the date of renewal is counted from the date of priority.
Yes. The registration may be renewed at intervals of every 10 years. Registration is perpetual provided periodical renewals are made.
Renewal can be initiated one year before the due date of renewal.
No evidence or any statement of use is required at the time of renewal.
Yes. Non-payment of renewal fees will result in lapse of statutory rights granted upon registration.
In case, renewal fee is not paid on or before the due date, a grace period of 6 (six) months is given to pay renewal fees along with additional fee to enjoy continuous registration rights.
If a trademark is not renewed within the grace period, registration will be lapsed.
If no renewal fee is paid even within the grace period, the trademark will lose registration status. However, one more chance is given for revival or restoration of registration of trademark if a request to restore the lapsed registration is made after six months of grace period but within one year from the actual due date of renewal upon payment of restoration and renewal fees.
It would be advisable to have a simply signed an Authorisation Form so as to manage and monitor renewal process periodically. There is no need for any Notarisation or Legalization.
| Individual / Start up/Small Enterprise* | Others (large entity) | |
|---|---|---|
| Preparation and filing of an application for renewal of a Trade Mark in one Class. | 9000.00 | 9000.00 |
| Renewal of a lapsed registered Trade Mark within six months after due date of renewal in one Class | 9000.00 plus 4500.00 as surcharge | 9000.00 plus 4500.00 as surcharge |
| Restoration and renewal of a lapsed registered Trade Mark within one year but after six months from the due date of renewal. | 9000.00 plus 9000.00 as surcharge | 9000.00 plus 9000.00 as surcharge |
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*A SMALL ENTITY is determined in accordance with INVESTMENT IN PLANT AND MACHINERY / EQUIPMENTS BY A MEDIUM ENTERPRISES as defined in Sec 7(1(a) of Micro, Small and Medium Enterprises Development Act, 2006 (MSMD).
| INVESTMENT IN PLANT & MACHINERY | TURNOVER | Classification |
|---|---|---|
| Not exceeding Rs. 1 crore | Not exceeding Rs.5 crore | Micro |
| Not exceeding Rs.10 Crore | Not exceeding Rs.50 Crore | Small |
| Not exceeding Rs.50 Crore | Not exceeding Rs.250 Crore | Medium |
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#START UP means an entity recognised in India by competent authority as Start Up Enterprise.