How can an international company renew its patents and trademarks in India?

How can an international company renew its patents and trademarks in India?

Answered by

MAHESHWARI & CO.

Published At June 25, 2024

Answer

To renew patents and trademarks in India, international companies need to follow specific procedures.

Patent Renewal:

  • Submission of Renewal Fees: Patents in India are valid for 20 years from the date of filing. To maintain the patent, annual renewal fees must be paid starting from the third year. The fees can be paid in advance or annually.
  • Filing Form 27: This form, detailing the working status of the patent in India, must be filed annually. Failure to submit this form can lead to penalties.
  • Grace Period: If the renewal fee is not paid within the stipulated time, a grace period of six months is provided, within which the fee can be paid with an additional surcharge.

Trademark Renewal:

  • Filing Form TM-R: Trademarks are initially registered for ten years. To renew, the trademark owner must file Form TM-R six months before the expiration date, accompanied by the prescribed fee.
  • Grace Period: There is a grace period of six months after the expiration date during which the trademark can still be renewed by paying additional fees. If the trademark is not renewed within this period, it gets removed from the register, but it can still be restored by filing a restoration application and paying the requisite fees.

Steps for Renewal:

  • Access IP India Portal: The renewal processes for both patents and trademarks can be completed online through the IP India portal, which provides comprehensive e-filing services.
  • Engage a Law Firm: Engaging with an intellectual property law firm in India can simplify the process. These firms ensure compliance with local regulations, timely filings and management of all necessary documentation.

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