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Form-48
Trademark Renewal
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Drafting and filing of trademark renewal application. For individuals, proprietorship's, registered SMEs and registered Startups.
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Trademark Renewal
A trademark serves as a distinct identifier for a business, allowing it to differentiate its goods or services from those of other businesses. These trademarks are often represented by symbols, logos, labels, or names, and they are denoted with an “R” to indicate their registered status. The registration of a trademark can be pursued under the provisions of the Trade Marks Act, 1999. However, certain limitations apply, such as the inability to register trademarks that are considered offensive, lack distinctiveness, or incorporate government emblems.
In India, the validity period of a registered trademark is set at 10 years, as outlined in Section 25 of the Trade Marks Act, 1999. On the 6th of March 2017, the Government of India (GOI) introduced the new Trade Mark Rules, 2017, aimed at streamlining the application process, establishing standards for filing trademark applications, encouraging electronic filing, and simplifying the overall registration process.
Registered trademarks can be renewed for an additional 10 years, provided the required documentation is submitted, and the necessary criteria are met. In this article, we will delve into the procedures for renewing and restoring trademarks.
Renewal of a Trademark
Duration to renew a Trademark
- The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
- The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
- The renewal can also be filed within six months after the date of expiry.
Negligence to renew a mark within six months after the date of expiry will lead to the removal of the mark from the Register of Trademarks.
Forms
The following forms must be provided for renewal of a Trademark along with the allotted fee.
| Form No. | Purpose | Cost (physical filing) | Cost (e- filing) |
|---|---|---|---|
| TM-R | Application form for renewal of a registered trademark to be used by the registered proprietor | Rs.10,000 | Rs.9000 |
| Application for renewal with a surcharge of registration of a Trademark | Rs.5000 + Renewal fee | Rs.4500 + Renewal fee | |
| TM-18 | Affidavit in support of the statement of the case | – | – |
The following members can file the applications for renewal or restoration
- The proprietor of the registered trademark
- An agent associated with the registered trademark
Trademark vs Copyright vs Patent
| Trademark | Patent | Copyright | |
|---|---|---|---|
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Frequently Asked Questions
BMCS India offers comprehensive business consultancy services, including strategy development, market research and analysis, financial advisory, operational optimization, and organizational transformation. We provide customized solutions to help businesses address challenges and achieve their growth objectives.
BMCS is the top most business management consultant all around the world. Our team of experienced consultants leverages industry knowledge, market insights, and proven methodologies to provide tailored solutions that align with your business goals. Whether you need assistance with market entry, strategic planning, process optimization, or talent management, we collaborate closely with you to understand your unique needs
BMCS India has expertise across various industries, including but not limited to technology, healthcare, manufacturing, retail, finance, and hospitality. Our consultants have worked with diverse clients, enabling us to understand industry-specific challenges and devise strategies that meet your sector's requirements.
To engage our services, you can reach out to us through our contact form, email, or phone. Our team will schedule an initial consultation to discuss your business objectives, challenges, and requirements. Following this consultation, we will provide a tailored proposal outlining the scope of work, deliverables, timeline, and pricing for your approval.
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Yes, we can help your business expand internationally. Our team has experience and expertise in supporting companies with market entry strategies, feasibility studies, partner identification, and localization strategies in various global markets. We leverage our network of international partners to provide you with valuable insights and guidance throughout the expansion process.
To get started with BMCS India, simply reach out to us through our contact information on our website. We will be glad to schedule an initial consultation to understand your business requirements and discuss how our services can benefit you. From there, we will work together to develop a tailored plan to drive your business success.