- Legal protection in court for trademark infringement
- Potential for valuable intangible asset
- Establishing distinct identity and forbidding similar phrases or catchphrases by law.
- Renewal of trademark can be filed within a year before expiration date according to 2017 Trademark Rules
- To register under the Legal Metrology (Packaged Commodities) Act, a person must apply with a fee of ₹100 to the D/o Consumer Affairs, New Delhi. Only certain goods defined by the general rules under the Act require registration. If the application is incomplete, it will be returned within 7 days. If complete, an LMPC certificate will be issued within 10 days.
- Extension can be submitted up to six months after expiration date according to the Registered Trademark Rules of 2002
- If not renewed within six months of expiration, the trademark will be deleted from the Register of Trademarks.
Representative will contact you to discuss process and costs of trademark reinstatement or renewal.
⦁ Government fees for renewal are ₹ 5000, while payments for restoration are ₹8000.
⦁ Form-10 or Form-12 must be submitted along with renewal fees to the registrar.
⦁ Trademark holders will be informed of the progress of the application and whether it has been renewed within 4-5 months.
⦁ Renewal of trademark provides legal rights against infringement, compensation in case of infringement, and ability to assign trademark to another individual or business, increasing financial value.
- A duplicate of the registration document
- Copy of TM-A form (form used for the original form for registering the trademark)
- Proof of the applicant’s identity and address
- The applicant may be given power of attorney if they are an authorised representative or agency.
- Bringing a Trademark Back
- Forms TM-R, application for trademark registration renewal with a surcharge, and TM-18 must be submitted with appropriate fee for renewal of trademark in India.
- The trademark owner will be notified by the Department of the Registrar of Trademarks six months prior to the renewal deadline.
- If not renewed within the permitted time frame, trademark will be deleted from the Register of Trademarks
- The trademark may be reinstated by submitting an application and the necessary fee within six months but no later than one year from the date of the mark’s last registration’s expiration.
- Only the trademark registration’s owner or an authorized user of the trademark are eligible to submit a request for renewal or restoration.
- Case 1: Importers, producers, and packers of packaged goods must register with the State’s Controller of Legal Metrology or the Director of Legal Metrology according to Rule 27 of the Legal Metrology (Packed and Commodities) Rules, 2011.
- Case 2: Importation of weights and measurements must be registered with the Director and the necessary fees must be paid, as per Section 19. Failure to do so can result in a fine of up to ₹25000 and a maximum six-month prison sentence, as per Section 38.