Trademark Renewal

DOCUMENTS REQUIRED

A registered trademark can be renewed for an additional period of 10 years to maintain its validity and protection.

Duration to Renew a Trademark

  • Renewal within one year prior to the date of expiry: The trademark renewal can be filed any time within one year leading up to the expiration date of the trademark.

 

  • Renewal within six months prior to the date of expiry: The trademark renewal can also be filed within the six-month period immediately preceding the expiration date.

 

  • Renewal within six months after the date of expiry: In certain cases, the renewal can be filed within six months after the expiration date of the trademark.

Consequences of Neglecting Renewal: If the trademark is not renewed within the six-month period after the expiration date, it will be removed from the Register of Trademarks, resulting in the loss of its protection and rights.

 

Restoration of a Trademark:

In case a trademark has been removed from the Register due to non-renewal within the stipulated time, it is possible to restore the trademark by following the restoration process.

 

Duration to restore a Trademark

After a trademark expires, it can be restored back after six months and one year from the expiration date.

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Advantages of Restoration/Renewal

Legal Protection

It gives legal protection to your brand name/logo for a continued period of another 10 years.

Increases business opportunity

It allows the owner of the Trademark to continue and increase his business and marketing opportunity in the market with his established brand.

Maintain trust or Goodwill

The trust and the goodwill is maintained and increased when the brand is used and trademarked for a longer duration.

Trademark vs Copyright vs Patent

 

Trademark

Patent

Copyright

What can be protected?

Product, Service, Word, Device, Collective Mark, Numbers, Certification Mark, Packaging, Shape, Colour, Pattern, Sound, Symbol, Slogan, Tag line.

Inventions, Product or Process.

Books, articles, music, photography, sculptures, dances, sound recordings, motion films etc.

Eligibility

Distinctiveness and Uniqueness.

Novel, Unique and Industrial applicability.

Unique and Original work

Validity

10 years

20 years

Author’s lifetime + 60 years.

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