Trademark Renewal
Maintain your brand protection for another 10 years with our expert Trademark Renewal service. We handle the entire process of drafting and filing the renewal application (Form TM-R) for individuals, proprietorships, registered SMEs, and startups. This ensures your brand’s legal validity and exclusive rights are preserved, safeguarding your business for the long term.
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How to Get a Trademark in India
A trademark is a crucial intellectual property asset that protects your brand identity, including your name, logo, and slogan. Registering a trademark in India gives you exclusive rights and legal protection against infringement. The process is governed by the Trade Marks Act, 1999, and is a vital step for any business looking to establish a strong presence.
At FileMyFirm, we specialize in simplifying the entire trademark registration online process. Our expert team provides comprehensive support, from a preliminary trademark search to final registration, ensuring your brand is secure.
A trademark is a crucial intellectual property asset that protects your brand identity, including your name, logo, and slogan. Registering a trademark in India gives you exclusive rights and legal protection against infringement. The process is governed by the Trade Marks Act, 1999, and is a vital step for any business looking to establish a strong presence.
At FileMyFirm, we specialize in simplifying the entire trademark registration online process. Our expert team provides comprehensive support, from a preliminary trademark search to final registration, ensuring your brand is secure.
Why is Trademark Registration Essential for Your Business?
- Legal Protection: A registered trademark provides the legal right to sue for infringement, protecting your brand from unauthorized use.
- Brand Recognition & Trust: A unique trademark helps customers identify your products or services, building brand loyalty and credibility.
- Valuable Asset: A trademark is an intellectual property asset that can be licensed, sold, or used as collateral, increasing your company’s market value.
- Global Expansion: Trademark registration in India is a foundational step for expanding your brand internationally through agreements like the Madrid Protocol.
- Prevents Misuse: Using the ® symbol after your brand name or logo trademark signals legal protection, deterring potential infringers.
The Step-by-Step Trademark Registration Process
The process to trademark a business name or logo involves several key stages:
- Trademark Search: This is the most critical first step. Our experts conduct a detailed trademark search to check if your desired name or logo is already in use. This minimizes the risk of objections and legal disputes later on.
- Filing the Application: Once a clear mark is found, we file the Form TM-A with the Trademark Office. We ensure the application is filed under the correct trademark class to provide the right legal protection for your specific goods and services.
- Examination and Publication: The Registrar examines your application for compliance. If it meets all requirements, it is published in the Trademark Journal for 90 days. This period allows any third party to raise a trademark opposition.
- Registration and Certificate: If no oppositions are filed, the Registrar grants your trademark registration certificate. You can then officially use the ® symbol, signifying your exclusive rights.
Documents Required for Trademark Registration
To file your application, you will need the following:
Applicant Type | Key Documents |
Individual/Proprietorship | PAN, Aadhaar, and GST certificate (if applicable). |
Company/LLP | Certificate of Incorporation, PAN of the entity, and an authorization letter. |
All Applicants | A clear image of the logo, a description of goods/services, and a Power of Attorney. |
How FileMyFirm Can Help You
Navigating the complexities of trademark registration in India can be a challenge. Our experienced attorneys provide end-to-end assistance:
- Expert Guidance: We help you choose the right trademark class and ensure your application is accurate.
- Hassle-Free Filing: We handle the entire application process, including all documentation and submissions.
- Objection & Opposition Handling: If a trademark objection or opposition is raised, we prepare a strong legal response to defend your trademark.
- Post-Registration Services: We assist with trademark renewal and other services to maintain your brand’s protection for the long term.
Secure your brand’s future. Get started with FileMyFirm today to get your trademark registered and protect your valuable intellectual property.
Frequestly asked questions ( FAQ )
The purpose of Trademark Renewal is to extend the legal protection and exclusive rights granted to the trademark owner, ensuring the brand identity remains protected under the Trade Marks Act, 1999. A registered trademark is initially valid for 10 years, and renewal maintains its validity indefinitely, provided the owner continues to renew it every ten years.
A trademark is typically registered for a period of 10 years from the date of the application. The renewal application should be filed before the expiration of this 10-year period. The Indian Trademark Registry sends a notice regarding the upcoming expiry to the registered trademark owner, though it is the owner’s responsibility to ensure timely renewal.
The application for trademark renewal is filed using Form TM-R with the appropriate Trademark Registry office, along with the prescribed fees. This form is used by the trademark holder to indicate their intent to continue the protection of their mark.
The renewal process involves two key steps:
Filing the Application: The trademark owner (or their representative) files Form TM-R with the Trademark Registry.
Renewal: Upon successful submission and payment of fees, the Registrar processes the application. The trademark is then renewed for a further 10 years, and the registration details are officially updated in the register.
If the trademark is not renewed before its expiry date, the following consequences may occur:
Removal from Register: If the renewal is not filed within a specified grace period after the due date (usually six months), the trademark will be removed from the Register.
Loss of Protection: Once removed, the exclusive legal protection against infringement is lost, and the owner can no longer use the ® symbol.
Restoration Required: If the owner wishes to use the mark again, they must apply for the restoration and renewal of the trademark, a complex process that involves paying restoration fees and is not guaranteed.