IPR Renewals in India is a standard practice of keeping intellectual property rights in force. The IPR conferred to a proprietor is valid for a specific time period only. Expiration of IPR leads to a cessation of respective rights which further means cessation of IPR from any kind of legal protection. Hence, it is imperative for the holder of IPR to keep renewing his/her IPR in force in order to enjoy the benefits and protection of IPR from infringement or any other legal issue. Setindiabiz has a team of professionals which provides IPR renewal service for trademark, patents, copyright, and design.
Table of Content
Trademark Renewal Procedure
- Preparing an application letter for renewal.
- Filling application process.
- Payment of renewal fee.
- Quality checking and review.
- Confirmation letter for renewal.
IPR Renewal: Trademark
Trademark registration in India needs to be renewed timely as it expires after a period of 10 years. The rights granted to a registered mark also gets preserved with the renewal of trademark. As trademark renewal ensures the protection of a company’s mark, if a proprietor fails to renew his/her trademark, he may lose all the protection associated with registration. An application for the renewal of trademark can either be filed within 6 months prior to the expiry of the registration accompanied by the necessary renewal fees on the prescribed form or by filing the application within 6 months post expiry of the registration accompanied by the late renewal fee on the prescribed form.
IPR Renewal: Patents
Patent registration in India needs to be renewed after a period of 20 years the date of filing of the application. The renewal fee for patents is required to be paid to the Indian patent office before the expiration of the second year for the advancing year. In case, the patent is granted later than 2 years from the date of application filing, the payment of due fees has to made within 3 months from the date, the patent gets recorded in the register. On the other side, If the patent is granted prior to the expiry of two years from the date of filing of the application, the first renewal fee becomes due for the third year, which is required to be paid before the second year gets expired. Furthermore, no separate form is required to be submitted for renewal as an applicant can pay renewal fee directly by requesting patent controller.
IPR Renewal: Design and Copyright
Design registration in India needs to be renewed after 10 years from the registration date and the validity is extended further for next 5 years on renewal. If the extension fee is not paid within the initial term, an applicant cannot avail this right. The law permits the restoration of registration on a lapsed design, only if the restoration application is filed within a year from cessation date. Copyright also expires after 60 years. The rights of the author in case of dramatic, literary, musical and artistic works are protected till he is alive and 60 years period is counted from the year he/she expires while in the works of cinematography, photographs, sound recording, international agencies and government, anonymous and pseudonymous and posthumous publications, 60yrs is counted from the publication date.