Safeguard Your Trademark With Renewal of trademarks
Trademarks are visually emphasised markings that help consumers recognise the company or person who developed the products or services. Under the Trademark Act of 1999, such marks can be registered with Trademark Registry Offices. There are 5 trademark registry facilities in India: Mumbai, Delhi, Kolkata, Chennai, and Ahmadabad. When a trademark is registered, the owner obtains unique and exclusive rights to use it and is legally protected from anybody who violates those rights.
Registered trademarks have a ten-year limitation period. After 5 years of usage, a trademark may be withdrawn at the request of another party. The proprietor of a trademark has the option of renewing it forever every ten years. The Registrar gives the trademark proprietor a six-month opportunity before the end of the ten-year period to renew their trademark and keep the rights granted. If a person fails to renew a trademark, the registrar will place an advertisement in the Trademark Journal informing the removal of the trademark.
If the trademark is not renewed after ten years, the individual has the option of restoration, which entails renewal but at a cost.
Why Do We Need Trademark Renewal?
Trademarks are valid for ten years and can be renewed after that. The Registrar has given you a wide window of opportunity to do so, beginning 6 months before the expiration date. If someone forgets (as many large corporations do), they will get a notice to your registered office before the expiration date. If a trademark is not renewed, the registrar may declare its decision to remove it in the Trade Marks Journal. However, this is unlikely to happen until 12 months beyond the expiry date. Trademark registration can be renewed for a fee between 6 and 12 months after it expires via a process called restoration.
Trademark Renewal Advantages
- Legal Protection
If a registered trademark owner believes their rights have been violated, they can simply file a lawsuit.
- Barrier Against Frivolous Lawsuits
It is possible to have ongoing trademark protection without fear of a lawsuit. Trademark Renewal makes it difficult for anybody other than the trademark owner to claim ownership of it.
- Substantial Ownership Rights-
The exclusive rights to the trademark are extended for a term of ten years after each renewal. As a consequence, it protects your brand and the goodwill it has built for the long run.
- Business Opportunity
A trademark is an intangible asset that may be extremely valuable if your company succeeds. For instance, Tide, Nike, or McDonald’s. Businesses that enter into licencing agreements or transfer ownership to interested parties can earn a lot of money in royalties.
- Unique Identitification
One would like their customers to link their products or services with their brand. The first step in accomplishing this is to register your trademark. The law would therefore make it illegal to register any similar words or slogans.
- Brand Name Safeguards
Renewal of a trademark guarantees that the brand name is protected permanently. Failure to renew leads to the brand’s legal protection being revoked.
- Returns on Investment
The owner of a trademark has the only right to assign or lease the mark to others in exchange for monetary compensation. As a consequence, a registered trademark might be lucrative as well.
Checklist For Trademark Renewal
- The proprietor’s possession of a registered trademark, subject to renewal.
- The intended commercial usage should be used to assess eligibility.
- Conduct a trademark search of the eminent and licensed trademark databases to confirm that no identical trademarks exist.
- If a trademark issue arises, it is essential to seek legal counsel for a feasible remedy.
- To fulfill the required requirements, obtain and prepare a renewal application.
Documents Crucial for Trademark Renewal
- A certified copy of the registration certificate
- Power of attorney to act on behalf of the applicant
- The applicant’s photo ID and proof of address
- A copy of the trademark registration application form (Form TM -A)
Renewal of trademarks application filing procedure
According to the Trade Marks Act of 1999 (Section 25 (3)) and Trade Marks Rule of 2017 (Rule 57), the specified timeframe for filing a trademark renewal application is anytime not more than one year before the expiry date of the previous registration of the label by having paid the required renewal fees, failing which the brand will be withdrawn from the registration system.
According to Provision to Section 25 (3) of the Trade Marks Act, 1999, the Registrar must not remove the mark from the register if an application for payment of the renewal fee and surcharge is made within 6 months after the expiration of the last registration of the trademark. After the extended period of time has expired, the trademark will be removed from the registration.
Take into account that you must begin the renewal procedure at least 6 months before the trademark’s expiry date. After all, the Registrar will only inform you of the trademark’s expiration very close to the deadline, and the process might take several months.
The renewal procedure involves the completion of Form-18. The appropriate fee for renewing the trademark must be included with the application. The registration for trademark renewal is reviewed for quality before it is finally renewed. Following the conclusion of the reviews, the trademark owner is entitled to a certificate of renewal, which confirms his continued ownership.
What are the types of Trademark Renewal
Trademark renewal can be of two types:
- changes to the registered trademark’s sign/logo
- Application mode with no modifications to the trademark.
Trademark Renewal Process
The following are the steps for renewal:
- A renewal application in the form of TM-R is filed.
- The application may be filed by the registered owner of the trademark or an agent authorised by him.
- When renewing a trademark application, it is important that the owner seek the advice of a professional to ensure that the mark is appropriately protected. This is due to the chance that you will want to broaden the scope of your protection. To be sure, if your brand has been established for 10 years, it may have outgrown the categories in which you first registered it.
- Filing a trademark renewal application extends the trademark’s term by 10 years.
- Form-18 is used to submit the application together with the necessary fees. The application is reviewed for quality before it is approved for renewal.
Check the Progress
Regarding the approval of a trademark renewal application, it is important to keep track of the application’s status until it is processed by the Registrar. The applicant may be required to do or respond to a number of time-bound activities or replies as part of the trademark renewal process. As a result, it is critical to check the application’s status on a frequent basis and take the required actions until registration.
The Trademark Publication is the official publication of the Trademarks Registry. The mark will be published in the Trademark Journal if the Trademark Examiner certifies that the request is legitimate. The renewal process should thus begin 3-6 months prior to the expiration date of the trademark. During the marketing of the application, third parties might refuse the registration of the mark. This method is not necessary for the renewal of an existing trademark. It must be refreshed if the brand is still viable. It can be abused otherwise.
Trademark Renewal Fees Required In India
For one single class mark online, the official cost of filing a renewal application is INR 9000/-; however, INR 111000/- is the official fee for submitting an in-pour-one renewal application for one single class trademark mark.
In India, an application may be provided it is accompanied by the appropriate late renewal fees in the form prescribed, be made beyond 6 months following the end of the registration/renewal term.
A renewal application for trademarks is examined in India?
Renewal applications in India are not reviewed, as renewal applications are a matter of right within the statutory period. Consequently, the Trade Mark Registry renews it in line with the Indian Trade Marks Act, if the registration of a mark has been renewed within the statutory period and with the requisite fee.
What if the trademark expires?
There is yet hope, as someone will be able to seek restitution if he does not register for trademark renewal within 6 months from the date of expiry.
It may be requested by making an application and paying the required amount for the restoration in accordance with Article 25(4) of the Marks Act, 1999. However, it is only possible to do so within 1 year following the expiry of the mark.
Trademark restoration process
A person may fail to renew his trademark within the stipulated time frame. Under these conditions, there is still an alternative. It might be tried to restore a mark if a mark is not renewed. Section 25 (4) allows for the restitution of trademarks in accordance with the Trademark Act of 1999.
Restoration of the registered trademark is feasible only within 1 year after its expiry. In addition to the renewal cost, the restoration of a trademark implies an extra charge:-
- Rs. 10,000/- when a person does it personally
- If done online, or an Rs. 9000/- additional
MUDS is here to assist you!
- Expertise – We contact and cooperate with respected experts to satisfy all your legal requirements.
- Fill up the form – the paperwork you need to renovate your mark will be sent to you.
- Schedule online assistance – simply a telephone call away is the most important service.
- Send us Your Documents – we will examine the documents you have. We manage the entire documents to enable seamless contact with the government. We clarify the renewal method in order to establish fair expectations.
- Tracking progress – You may monitor your progress on our web platform at any time.
- Get delivery items – The status of your project will be frequently notified to you.