Trademark Renewal and Assignment

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Get your Trademark renewed and trademark Assigned without stepping out of your house. Email us the required documents and let us do the rest.

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Total Cost with Breakdown

Before we Submit your application, we do a basic company name search and inform you of any direct conflicts so that your brand has a better chance of succeeding

ConsultancyFREE

Government FeeRs 9700.00

Professional fees Rs 1800.00

TotalBuy NowRs 11500.00

TRADEMARK RENEWAL AND ASSIGNMENT IN INDIA

A Trademark distinguishes the goods of a manufacturer or trader from similar goods of others and therefore, it seeks to protect the interest of the trader as well as the consumer.

The object of trademark law is to permit an enterprise by registering its trademark to obtain an exclusive right to use, share or assign a mark.

A registered Trademark can be assigned and renewed. Before expiry of the last registration of a trademark, the Registrar will send a notice as a reminder to the registered trademark owner regarding the expiration and conditions as to the payment of the fees. The rights of the trademark registration owner continue to operate until the registration of the trademark is either cancelled or expires, and subsequently removed from the trademark register.

Registration for a trademark can be renewed every ten years from the date of filing of the application for registration. There is no limit as to the number of times that the trademark can be renewed, and any person can renew the trademark as long as the renewal is made as per the rules and regulations of Intellectual property laws governing trademarks.

Assignments pertain to the transfer of trademark right from the owner of the right to another person. Assignment can be done for both registered and unregistered trademarks. In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks. Trademark assignment is affected by a duly executed assignment deed between the concerned parties. 

 

WHAT IS TRADEMARK RENEWAL IN INDIA?

A registered Trademark can be renewed in India from time to time for an unlimited period upon payment of the renewal fees.

Before expiry of the last registration of a trademark, the Registrar will send a notice as a reminder to the registered trademark owner regarding the expiration and conditions as to the payment of the fees. Registration for a trademark can be renewed every ten years from the date of filing of the application for registration.

There is no limit as to the number of times that the trademark can be renewed, and any person can renew the trademark as long as the renewal is made as per the rules and regulations of Intellectual property laws governing trademarks.

The rights of the trademark owner continue to operate until the registration of the trademark is either cancelled or expires, and subsequently removed from the trademark register.

Renewal of Trademark ensures the continuance of the legal protection of the trademark. It benefits the owner to continue his use of trademark right legally.

 

WHAT IS TRADEMARK ASSIGNMENT IN INDIA?

Assignments pertain to the transfer of trademark right from the owner of the right to another person. Assignment can be done for both registered and unregistered trademarks. In case of an assignment, there is a change in the ownership of the registered trademark. Sometimes, while executing a complete assignment, the owner of the trademark transfers all the rights with relation to the trademark, together with the transfer of the rights like the right to any transfer, earn royalties, etc., to the other party. The transferring party known as the assignor transfers the trademark right to the receiving party known as the assignee. Subsequent to the assignment of a trademark, the assignee becomes the proprietor of the trademark. Trademark assignment is affected by a duly executed assignment deed between the assignor and the assignee.

Assignments lead to creation of multiple exclusive rights.

In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks.

The most crucial requirement for a valid agreement of assignment is that there must be evidence of an intention on the part of the assignor to transfer ownership of the trademark as well as the associated goodwill to the assignee.

 

REASON TO TRADEMARK RENEWAL IN INDIA

 

  • If a person starts using someone else’s registered trademark without their consent, then the right of the owner over the trademark is subject to get infringed. Such person may face legal implications due to trademark infringement. So, in order to overcome this, a person can obtain assignment of the trademark.
  • A trademark assignment gives legal permission to a person to use the trademark of other person. It helps a person to exercise a right over the intellectual property of other
  • Many times it happens that you desire to have a trademark but it is unavailable because it is already present on record with some other person or company. This problem is also solved by a way of assignment.
  • Whereas renewal of a Trademark ensures the continuance of legal protection of the trademark. It benefits the owner to continue his use of trademark right legally.
  • Also, there is no limit as to the number of times that the trademark can be renewed, and any person can renew the trademark as long as the renewal is made as per the rules and regulations of Intellectual property laws governing trademarks.

 

PROCESS FOR TRADEMARK RENEWAL

A registered Trademark is valid up to a period of ten years and it can be further renewed from time to time for an unlimited period upon payment of the renewal fees.

Trademark renewal process must be carried out three to six months before expiry of the mark.

The Registrar will only inform the trademark owner about the expiry date of the trademark and the whole process of renewal takes a month to be completed.

The steps involved in renewal of a trademark are as follows:-

The fee for registration of a copyright depends upon the work which is to be copyrighted.

 

  • Preparing renewal application
    The trademark owner or an agent authorized by him has to make a trademark renewal application in the prescribed form (TM-12) at any time but not more than six months from the date of expiry of the trademark.
  • Application filing
    Prepared renewal application has to be filed with the registrar within the prescribed time to avoid the expiration of the trademark.
  • Requisite renewal fee
    The registration of trademark is valid for ten years, for the renewal proprietor has to file application with the registrar accompanies by the prescribed fees. The renewal charges may vary if filed within six months before expiry of registration of filed within 6 months after the expiry of the trademark registration.
  • Examination and review
    The request for renewal shall be processed after receiving the trademark renewal application along with the required documents. The examiner checks the renewal application in accordance with the provisions of Trademark Act, 1999.
  • Publication in Trademark Journal
    After examination of the renewal application, examiner intimates the applicant about the renewal of the registered trademark. All the approved renewals are then sent for the publication in the trademark journal. The Trademark Journal is an official gazette of the Trademarks Registry.

 

The process of trademark assignment involves the following steps:-

 

  • An application for trademark assignment is to be filed by both the parties with the registrar of trademark within six months from the date of acquisition of proprietary
  • The assignment deed should be compulsorily in writing and duly signed by both the parties. The effective date of the assignment should be set down clearly.
  • In case of assignment without goodwill or assignment of a certified trademark, the direction from the registrar of trademarks is required before the expiry of six months from the date on which assignment is made or within the extended period which is allowed by the registrar.
  • An advertisement regarding the assignment is to be made in prescribed manner and period as the registrar may direct.
  • On the receipt of the trademark assignment application and required documents, the registrar after getting satisfied shall register the assignee as the proprietor of the trademark and the particulars of the assignment to be entered in the register.

 

TM RENEWAL COST & TM ASSIGNMENT FEES

Company Vakil helps you get your trademark Renewal in India at a very Reasonable Cost, a TM needs to be renewed anytime 6 Months Prior to the date of its expiry and upto 1 year post that expiry with the Government surcharges and fees.

Similarly if you wish to go for a trademark Assignment in India, there has to be a Transfer of all the Trademark rights in that case and the cost for the same varies as per the amount of Rights being Transferred in an Assignment Deed

 

ADVANTAGES & BENEFITS FOR TRADEMARK RENEWAL & ASSIGNMENT

 

  • Legal permission and protection
    If a person starts using someone else’s registered trademark without their consent, then the right of the owner over the trademark is subject to get infringed. Such person may face legal implications due to trademark infringement. So, in order to overcome this, a person can obtain assignment of the trademark.
    A trademark assignment gives legal permission to a person to use the trademark of other person. It helps a person to exercise a right over the intellectual property of other
  • Utility
    Many times it happens that you desire to have a trademark but it is unavailable because it is already present on record with some other person or company. This problem is also solved by a way of assignment.
  • Valuation
    The owner of a trademark can know the worth of his brand through an assignment agreement. He is entitled to receive royalty upon assignment of his trademark rights through which the value of trademark is realized.
  • Continuance of Legal Protection
    Renewal of a Trademark ensures the continuance of legal protection of the trademark. It benefits the owner to continue his use of trademark right legally. Filing a trademark renewal application extends the protection by another 10 years.
  • Trust
    Renewal of trademark ensures trust amongst the public. The business of the owner of the trademark is entrusted with goodwill because of renewal of the trademark.

DOCUMENTS REQUIRED FOR TRADEMARK RENEWAL IN INDIA

All the Documents are required only in scanned form, you can attach the document in the form after payment or email it to us on documents@companyvakil.com . Feel free to get in touch for any query.

 

  • For filing an application for renewal of trademark, the documents required are: A copy of the Registration Certificate, Power of Attorney, an ID & Address Proof of the Applicant and a copy of TM-A Form.
  • For filing an application for assignment of a trademark, the assignment deed which must be compulsorily in writing and duly signed by both the parties including the effective date of the assignment set down clearly is required.
  • Further, for assignment, ID proofs of the assignor as well as the assignee are required to be furnished along with the application.
  • Documents of the registered trademark are also required to be furnished.
Trademark Renewal Application

Trademark Application Number

You will be asked to fill after payment or sent by email

Attorney

Power of Attorney

You will receive a copy from us.

what will you get?

Trademark Renewal Assignment

Trademark Renewal Receipt and Govt.'s Letter

Stating Renewal of Trademark for next 10 years

Trademark Assignment Deed

Trademark Assignment Deed

In case of Trademark Assignment, an Assignment deed is drafted and signed by both the parties

total time taken

2 working days

Drafting of deed / Trademark Application

4 working days

Trademark Renewal/ Assignment filling

ABOUT COMPANY VAKIL

We are India`s one stop tech legal registration platform aimed on making legal registrations efficient and affordable to end user, i.e. individuals, entrepreneurs or business owners.

Company Vakil with the help of technology and experts such as lawyers, Chartered accountants, company secretary makes registration error-free and seamless.

We provide variety of services such as Pvt Ltd Company registration, trademark registration, copyright, MSME Registration, GST registration, Import Export Code Registration etc. Also if you wish to get your Trademark Renewal in India with help of Company Vakil Expert Intellectual Property Attorneys and if you are planning for Assignment of Your Trademark you can consult Company Vakil TM Assignment Experts.

 

WHY CHOOSE COMPANY VAKIL

Legal Experts at your Fingertips – At company vakil all your queries are handled by experts at every stage, we have a team of lawyers, chartered accounts and company secretary to help you till your service is fulfilled

Money Back Guarantee – Company Vakil believes strongly in Customer satisfaction, and all our associates and professionals make sure you are provided with all the information required at every stage. Yet if you are not satisfied with the service provided we shall refund you the money.

Seamless Process – Through Company Vakil we try to make the process of registration as convenient and seamless as possible. With options like trademark and company search bar it is a breeze for a user to search the right name for their company.

Customer redressal – We at Company Vakil give upmost importance to customer’s satisfaction, that said we have a customer redressal team setup that outranks every other legal portal in the country, with an option to chat with our CEO if our team fails to fulfill your query.

 

FREQUENTLY ASKED QUESTIONS (FAQ's) ABOUT TRADEMARK ASSIGNMENT IN INDIA

 

What is a Trademark Assignment?

Trademark Assignment is a process through which the Ownership and Proprietary Rights of a Trademark is Transferred with or without the Goodwill of the business.

 

Can a Trademark be registered to more than 1 applicant?

Yes, Trademark Registry gives an option of Jointly Owning a Trademark i.e. the Ownership and Proprietary Rights are jointly shared between all the Applicants of that Trademark.

 

What are the benefits of Trademark Assignment?

Trademark Assignment has the following benefits :-

1. It Unlocks the true Value of Your Brand, as you will get to know the exact goodwill enjoyed by your brand. 
2. In case of a dispute Assignment Deed acts as an Instrument of Valid Proof defining the all the Proprietary and ownership Rights

 

What is Complete Assignment and Partial Assignment?

Complete Assignment is fully Transferring of all the rights vested in a Trademark, even the right to further Assign.
In Partial Assignment there are some restrictions on transfer of ownership i.e. certain rights are transferred and certain rights are restricted.

 

What are the Restrictions on Assignment of Trademark?

Yes, Trademark can’t be assigned if the ownership and Proprietary Rights are Vested in more than 1 Person.

 

Is there a Difference between Assignment and Transmission of a Trademark?

No they both mean the same.

 

 

FREQUENTLY ASKED QUESTIONS (FAQ's) ABOUT TRADEMARK ASSIGNMENT IN INDIA

 

When do we have to a renew a Trademark?

A Trademark’s validity is for 10 years and it has to be renewed after every 10 years

 

How much time does it take to get a Trademark Renewal?

A Trademark takes around 3-4 days to get renewed (an electronic communication is received from the registry that your Trademark has been renewed for next set of 10 years)

 

When is a Trademark Removed from the register

A Trademark can be removed on the following grounds: -

1. Is Removed from the register in case of Non-renewal and Restoration within a period 12 Months from the date of its expiration. 
2. On the Grounds of Non-Use for a continuous period of 5 Years. 
3. If the Trademark wasn’t used 3 months Prior to the date of Application of removal.

 

Can a Trademark be Restored after the Trademark’s Date of Expiration?

Yes, a Trademark can be renewed and restored upto next 12 months after the date of expiration, by giving a prescribed fee for the same.

 

What happens is a Trademark is not Renewed or restored within its time limit?

The Trademark gets removed from the Register of Trademarks after 12 months from the date of expiration and is available for anyone to Apply the same.

 

After removal of a Trademark from the register due to non-renewal, if someone else Applies the same, is the original Trademark owner allowed to file an Opposition on the Grounds on Non-renewal?

No, the Original Holder of Trademark can’t file an Opposition on the Grounds of Non-Renewal.

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