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

Before the 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 canceled or expires and subsequently removed from the trademark register.

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

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 the case of a registered Trademark, such an 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.

• 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.

A registered Trademark is valid for 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.

The trademark renewal process must be carried out three to six months before the 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 the renewal of a trademark are as follows:-

The fee for the 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
  A 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 a trademark is valid for ten years, for the renewal proprietor has to file an application with the registrar accompanied by the prescribed fees. The renewal charges may vary if filed within six months before the expiry of registration or 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 the Trademark Act, 1999.
• Publication in Trademark Journal
  After the examination of the renewal application, the examiner intimates to the applicant about the renewal of the registered trademark. All the approved renewals are then sent for 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.

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 up to 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

• 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 getting infringed. Such a person may face legal implications due to trademark infringement. So, in order to overcome this, a person can obtain an assignment of the trademark.
  A trademark assignment gives legal permission to a person to use the trademark of another person. It helps a person 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.