Trademark Renewal

In the dynamic business world, having a trademark sets your brand apart and ensures its distinct identity. Once your trademark is officially registered, it's pivotal to remain vigilant about its ongoing validity and protection. This is where the importance of trademark renewal comes in. By updating your trademark within the designated time frames, you preserve your brand's exclusivity, uphold its legal status, and reinforce its place in the market.

Whether you are a seasoned entrepreneur or a new business owner, understanding the significance of trademark renewal is fundamental to preserving the reputation and endurance of your brand in the market.

What's a Trademark?

A trademark is a unique emblem, logo, word, phrase, design, or a mix of these elements that visually signifies and points to the origin of goods or services from a specific company or individual. Trademarks are important assets that allow consumers to recognize and connect products or services with a certain brand.

Trademark Renewal

Trademark owners have the privilege to extend their trademark's validity every decade. Before the end of these ten years, the Registrar offers a six-month grace period, during which the trademark holder can renew their mark and retain its advantages. If the renewal doesn't occur, the Registrar will announce the trademark's removal in the Trademark Journal.

Trademark Renewal Provision (Section 25)

According to the Trade Marks Act of 1999, a registered trademark can be renewed for an additional decade following the end date of its initial registration or its most recent renewal. To commence the renewal procedure, the trademark's owner must formally apply to the Registrar of Trademarks, ensuring it's done within the stipulated time frame and following the set guidelines. Once the application is submitted along with the mandatory fee, the Registrar will extend the trademark's registration for another ten years.

Deletion of Registered Trademark Due to Non-Renewal (Section 25)

Before a trademark's registration expiration, the Registrar must notify the trademark owner about the impending expiry and the terms for its renewal. If these renewal terms aren't met within the designated time frame, the Registrar possesses the right to strike the trademark off the register.

However, the Act does allow a grace period of six months post the expiration date. During this window, the trademark owner can still renew their mark by settling a surcharge in addition to the regular renewal fee.

Moreover, in cases where a trademark has been delisted due to the non-settlement of the renewal charge, the trademark holder can request a reinstatement within a year from the last registration's end date. Upon receiving this application and the stipulated fee, the Registrar can reinstate and renew the trademark, potentially with specific conditions or limitations attached.

Benefits of Renewing a Trademark

Renewing a trademark offers an array of advantages for its holder:

  • It offers legal protection and rights that are upheld by the law.
  • Renewal aids in guarding against trademark breaches and serves as a foundation for seeking damages in instances of such violations.
  • Renewed trademarks allow the holder to transfer the trademark to another party, whether an individual or a business.
  • A validly registered trademark can be licensed, thus enhancing its financial worth.
  • Renewing ensures the holder retains exclusive rights, upholding the brand's unique identity and prestige.

How to Renew Your Trademark

There are two primary methods to renew a trademark:

  • Renew with alterations: This option lets you update specific signs or words in the current trademark during renewal.
  • Renew without alterations: This option allows for the trademark's extension without any modifications to its existing design or text.

Restoring Your Trademark

Should a trademark lapse after ten years, the holder isn't out of options. They can opt for trademark restoration. This process mirrors the renewal procedure but with an added catch: the holder needs to pay an extra penalty for surpassing the expiration date.

Trademark Renewal Filing Deadline

  • The renewal application for a trademark should be lodged before the mark's expiration. While it's possible to initiate the renewal application up to a year before its expiration, the precise deadline is six months before the trademark's expiration date.
  • Suppose a trademark's registration has elapsed due to non-renewal before its due date. In that case, renewal is still attainable within six months post-expiration, but this comes with an additional surcharge on the standard government renewal fee.
  • Should the trademark not be renewed before its expiration or within the subsequent six months (with the added fee), the trademark registration will be revoked.

However, if a trademark gets canceled, there's a possibility for restoration. An application for reinstatement must be submitted within six months following the cancellation.

Documentation Needed for Trademark Renewal

For renewing a registered trademark, the following documents must accompany the TM-12 renewal form when submitted to the Registrar of Trademarks (RoT):

  • A certified copy of the original trademark registration certificate.
  • A certified copy of the TM-A form used during the initial trademark registration.
  • Identification proof of the applicant.
  • Residence proof of the applicant.
  • A Power of Attorney is required if the applicant is representing the trademark owner.

Trademark Renewal Procedure in India

The trademark renewal process in India is comprehensive, ensuring enduring protection for your trademark. Here's a concise overview of the steps involved and the accompanying documentation:

Step 1: Submitting the Application

Fill out and submit Form TM-R to the Trademark Registry. Include details such as:

  • Trademark registration number
  • Current trademark status
  • Applicant's contact details

Step 2: Scrutiny and Review

Renewal eligibility is determined based on the trademark's remaining validity and adherence to renewal prerequisites.

If discrepancies arise, the Registry will voice its concerns, prompting the applicant to respond within a set timeframe.

Step 3: Announcement in the Trademark Journal

Once any concerns are addressed, details concerning the renewed trademark are publicized in the Trademark Journal for 4 months. This period allows third parties to express any objections.

Should objections surface, the applicant must provide a timely response. A hearing may be organized to clarify and settle the matter if not addressed.

Step 4: Granting the Renewal Certificate

After the designated publication duration and the amicable resolution of potential disputes, the Registry presents the Trademark Renewal Certificate. This document affirms the renewed status of your trademark, valid for another decade.

Streamline Trademark Renewal with IndiaFilings

IndiaFilings provides an all-encompassing service for trademark renewal, ensuring a smooth and hassle-free experience for trademark owners.

  • Our seasoned experts gather all requisite details and kick-start the renewal process on your behalf.
  • We diligently craft the renewal application, upholding precision and adherence to pertinent rules.
  • Our team then scrutinizes the application, tweaking it to optimize its efficacy.
  • Once the application meets our rigorous standards, we manage the submission process with the Registrar of Trademarks, guaranteeing timely and accurate document delivery.

With IndiaFilings' proficiency in trademark renewal, entrust us to effortlessly guide you through the intricate renewal steps and ensure unwavering protection for your invaluable trademarks.

Trademark vs Copyright vs Patent

Trademark Patent Copyright
What’s protected Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another. Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.
Requirements for protection A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. A fresh, valuable, and unusual invention is required. A work must be unique, original, and created in a tangible manner.
Term of protection As long as the mark is used in commerce. 20 years Author’s life span+ 70 years.
Rights Granted Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin. Right to restrict others from manufacturing, selling, or importing the patented invention. Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.

Trademark Renewal FAQ's

What is a trademark?

A trademark is a specific sign capable of graphical representation which can differentiate the goods or services of one enterprise from those of other enterprises. This can include a name, word, phrase, logo, symbol, design, image, or a combination of these elements. It's essential for protecting a brand's unique identity in the marketplace.

Why is trademark renewal important?

Trademark renewal ensures the continued protection of the brand's unique identity in the market. Without renewal, the rights to the trademark can be lost, meaning others could potentially use the trademark without facing any legal consequences. Renewal preserves the brand's exclusivity, legal status, and market position.

How often do I need to renew my trademark?

Trademarks need to be renewed every ten years. It's important to note the expiration date of your trademark to avoid lapses in protection.

Is there a grace period for trademark renewal?

Yes, there is a six-month grace period after the initial ten-year validity during which the owner can still renew the trademark. This offers flexibility and a safety net for trademark owners who might miss the initial deadline.

What happens if I don't renew my trademark within the grace period?

If a trademark isn't renewed within this grace period, the Registrar will announce the trademark's removal in the official Trademark Journal, leading to a loss of all the rights and protections associated with that trademark.

How can I initiate the renewal process?

To renew, you need to submit a formal application to the Registrar of Trademarks. This application must adhere to the set guidelines, be submitted within the given time frame, and be accompanied by the necessary renewal fee.

Are there different methods to renew a trademark?

Yes. Owners can either:
  • Renew with alterations: This allows updating or changing parts of the current trademark during the renewal process.
  • Renew without alterations: This simply extends the trademark's validity without making any changes to it.

What if my trademark lapses after the ten-year duration?

If a trademark expires and isn't renewed, owners can still restore it. This requires undergoing a restoration process which is similar to renewal, but with an additional penalty fee due to the delay.

What benefits does renewing a trademark offer?

Renewal provides numerous benefits:
  • Continuous legal protection against unauthorized uses.
  • The right to seek damages in cases of trademark infringements.
  • The ability to transfer or license the trademark to third parties, adding financial value.
  • Ensuring the owner retains the exclusive rights to the trademark, thereby preserving its unique market identity.

What is the filing deadline for trademark renewal?

The renewal application should ideally be initiated six months before the trademark's expiration. Although renewal is possible up to a year before expiration, aiming for the six-month mark provides a safety buffer.

What if I miss the deadline?

If the renewal deadline is missed, there's still a grace period of six months post-expiration where the trademark can be renewed by paying an additional surcharge.

Can a cancelled trademark be restored?

Yes, if a trademark gets cancelled due to non-renewal, there's a window for its restoration. The owner must submit a reinstatement application within six months following the cancellation.

What documents are required for trademark renewal?

When renewing a trademark, several documents are necessary:
  • A copy of the original trademark registration certificate.
  • A copy of the TM-A form from the initial registration.
  • Applicant's identification and residence proof.
  • If someone else is representing the trademark owner, a Power of Attorney is necessary.

Can you briefly describe the trademark renewal process in India?

In India, the renewal process is structured to ensure thorough protection:
  • Submission of Form TM-R to the Trademark Registry.
  • A comprehensive review of the application by the Registry to ensure no conflicts.
  • Details of the renewed trademark are publicized in the Trademark Journal for four months, allowing third parties to raise objections.
  • Following this, and after resolving any disputes, the Trademark Renewal Certificate is issued, marking the trademark's renewed status for another decade.

Is the renewal process complicated?

The renewal process involves several steps and careful documentation. While it can appear complex, entities like IndiaFilings offer services that handle the intricate details, making the renewal process more streamlined for trademark owners.

What is the Trademark Journal?

The Trademark Journal is an official publication where renewed trademarks are listed. This allows for transparency and offers third parties a chance to raise any objections they might have against a particular renewal.

What if there are objections to my renewal?

If objections are raised, they must be addressed by the applicant. If unresolved, the Registrar might organize a hearing to understand and settle the matter.

After renewing, how long will my trademark be valid?

Once successfully renewed, a trademark remains valid for an additional ten years from the date of renewal.

What role does IndiaFilings play in trademark renewal?

IndiaFilings is a service provider that aids in the entire trademark renewal process. From gathering details, crafting the application, to managing the submission process with the Registrar of Trademarks, they ensure the renewal is accurate and timely.

Why should I consider IndiaFilings for my trademark renewal?

IndiaFilings boasts expertise in trademark renewal. Their meticulous approach and dedication to client satisfaction ensures that the renewal process is smooth and efficient, safeguarding the trademark and the associated rights for the owner.

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