Every 10 years, all trademarks must be renewed. If at all feasible, the trademark renewal must be submitted at least six months before the registered trademark expires. To enjoy ongoing trademark protection with no risk of legal action, the form for trademark renewal application must be written and submitted before the deadline.
As a result, the trademark renewal extends the original term by an additional 10 years. This is done by submitting TM-R along with the required Rs. 4000 filing fee. Through trademark restoration, the mark becomes subject to being taken down. It becomes feasible in the event that the trademark is not renewed. Renewal is highly important since it provides a registered brand the status of a trademark.
Trademarks are graphically shown markings that aid in identifying the business or individual who created the products or services. Under the Trademark Act of 1999, these marks may be registered with the trademark registry offices.
These trademark register offices are located in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad, among other cities in India. If a trademark is registered, the owner is granted exclusive rights to use it and is legally shielded against third parties violating those rights. Ten years are the limitation term for registered trademarks. A third party may request the cancellation of a trademark if it has not been used for five years.
Every ten years, the owner of a trademark has the option to extend it indefinitely. The Registrar provides the trademark holder with a window of six months prior to the expiration of ten years so they can renew their trademark and keep using the rights granted. If a trademark owner doesn’t renew it, the registrar will publish an advertising in the Trademark Journal announcing the trademark’s loss.
Trademark renewal period- If the trademark is not renewed after the ten-year period, the owner still has the option of restoration, which is the same as renewal but with a fee.
What is Trademark Renewal?
The consequences of failing to renew the trademark are very serious. The Registrar may remove the mark from the register if the proprietor has not paid the renewal fee or if no application for renewal has been submitted. The Registrar must first publicise his intention to withdraw the mark by advertising the notification prior to deleting it in the trademark journal.
Everyone who has been given or granted a licence to use the trademark is impacted by the letting-down to renew, not simply the trademark owner. Your legal rights are also impacted by not renewing your trademark, which degrades your legal standing. The reason for this is because a registered trademark has the benefit of exclusivity. However, the main advantage of renewal is that it deters others from utilising your mark.
The Trademark Act is quite empathetic and aware of the owner’s concerns. They thus have a second opportunity to renew the trademark within six months by submitting the required form [TM-10] and paying the additional trademark renewal fees.
Restoration of Trademark
Occasionally individuals fail to renew their trademarks in the authorised amount of time. There is still an option in such situations, so there is no need to fear. One might then attempt to get the trademark reinstated if it is not renewed. Section 25(4) of the Trademark Act of 1999 allows for the restoration of a trademark, and anybody may make applications.
Only one year after the registered trademark’s expiry is restoration authorised. A trademark’s restoration fee is in addition to the renewal fee of:
- 10,000 rupees for in-person transactions, or
- an extra 9,000 rupees for internet transactions.
What is the Need for Renewal of Trademarks?
A trademark renewal provides a number of advantages. After trademark registration, the owner of the mark is granted a variety of legal rights. It protects against trademark infringement and provides compensation if it does.
Furthermore, it grants the trademark owner the flexibility to assign the mark at any moment to another person or company. Since trademark licencing is only possible if the mark’s owner has registered the mark, a registered trademark has immense financial value.
How to renew a trademark: If a trademark is registered, it only has to be renewed every 10 years. The registrar of trademarks will send you a letter notifying you of the trademark’s imminent expiration six months before it does. There are two options for renewing a trademark:
- Continue using the trademark as is
- Renewal of the trademark with modifications
- The TM-R form is used to submit a trademark renewal application.
- Instead of the trademark’s registered owner, an authorised representative or agent may file the application.
After submitting the application, one must monitor its development in case any objections are made to the registration of the trademark. Any member of the public may submit their objection in this manner.
- When the application is approved, the trademark will be published in the recognised publication, the Trademark Journal.
- A further ten years of protection are provided to the owner once the trademark has been published.
- It is possible to renew the patent forever.
The cost of renewal a trademark varies depending on whether the renewal was completed trademark renewal online or in person.
- The fee of submitting for renewal in person is 10,000 rupees.
- It costs 9,000 rupees to file electronically if done so trademark renewal online.
These documents are necessary for trademark renewals:
- a duplicate of the registration document
- TM-A form copy (form used for the original application for registering the trademark)
- Address and ID evidence of the application
- If the petitioner is an accredited representative or agent, they may be granted power of attorney
Process of Trademark Renewal?
On or before six months after the trade mark registration expires, the owner must submit an application for renewal to the trademark registrar in the required form [TM-R]. If a trademark renewal application hasn’t been made, it needs to be made one to three months before the registration expires.
The proprietor must then get notification of the impending renewal date from the Registrar. You must keep in mind that no trademark can be deleted if a notice of renewal has not been served. Along with the application for the renewal, the proprietor must pay the required renewal costs for the trademark. There are two methods to renew, namely:-
- Simple Trademark Renewal
- reissue the trademark with modifications and revisions
- TM-R application form for trademark renewal
- The application may also be submitted by a representative or agent with authority. The registered owner of the trademark need not submit it themselves. When the application is granted, the trademark will be published in the Trademark Journal’s official gazette.
- The filing fee for the renewal is 10,000 rupees if the renewal process is completed physically. Additionally, it costs 9,000 rupees to file electronically.
- Applying is done using Form-18 and the necessary costs. Before the application is ultimately authorised for renewal, it is evaluated for excellence and quality.
- Trademark renewal status Check
After submitting an application for a trademark renewal, it is crucial to regularly monitor the trademark renewal status of the application until the Registrar processes it. Many time-bound acts or answers are required of the applicant in order to renew the trademark. As a result, it’s crucial to perform the necessary steps up to registration and to regularly check the progress of your application.
- Trademark Journal
An official publication of the Trademark Office is known as the Trademark Journal (Registrar). If the Trademark Examiner administers and declares that the application is appropriate, the Trademark is published in the Trademark Journal. While the application is being marketed, other parties have the opportunity to contest the registration of the mark.
- Trademark Expiration
There is still hope since if you don’t renew the trademark within six months of its expiration date, you can request a restoration. According to Section 25(4) of the Trademark Act, 1999, you can file an application and pay the required price to request restoration. However, you can only do this within a year of the registered trademark’s expiration date.
What are the Benefits of Trademark Renewal?
- Legal Protection: Only if you think someone has used your registered brand without your permission can you rapidly demonstrate your rights in court.
- Establish Your Own Identity: The first step in guaranteeing that your customers can recognise your services or products with your brand is to register your trademark. The legislation will subsequently prohibit the registration of any other identical terms or catchphrases for products or services.
- Make business opportunities: Having a trademark may be a very useful intangible asset if you want your business to flourish. Through licencing agreements or even the transfer of ownership to interested or engaged parties, many businesses may make enormous amounts of money in royalties.
- Rights of Ownership are Expanded: After the brand name’s trademark has been renewed, one may profit from infringements on their ownership rights. It offers the brand’s positive reputation and ongoing brand protection.
- Fewer Chances of Lawsuit: If you follow the guidelines and renew your trademark on time, you can have continuous trademark protection without any chances of litigation. The renewal of trademark in India renders it hard for anybody, except the trademark owner, to assert rights over the registered mark.
- Brand Name Security: Renewal of a trademark ensures the brand name will be continuously and without interruption protected. Failure to renew and disappointment result in the loss of brand name legal protection.
- Financial Gains: A trademark owner may have the only right to licence or transfer the registered trademark to another party in exchange for a financial payment. You should be aware of it because it means that one can earn from a registered brand as well.
What are the Documents Required for Trademark Renewal?
- the owner or proprietor’s prior ownership of a registered trademark (Copy of the Registration certificate)
- For eligibility purposes, the determination and intended use for commercial purposes should be evaluated (Copies of the Proof of same).
- By doing a Trademark Search of the well-known and authorised trademark database, you must ensure that there are no trademarks that are comparable.
- Address verification and the applicant’s photo ID, along with a power of attorney, are required.
- Copy of Form TM-A, the application for trademark registration
- In the event of a trademark conflict, it is advisable to seek legal advice on a workable solution. (A copy of the Conflicted Trademark Proof)
- Create and get a renewal application, and then adhere to the necessary requirements.
MUDS FOR TRADEMARK RENEWAL
A crucial need for maintaining a registered trademark is trademark renewal. A great deal of thought should go into the Trademark Renewal application, and ample time should be given for each step of the procedure. To avoid many of the possible problems that lurk inside the Trademark Renewal application, it is advised that an attorney with “Trademark expertise” be engaged.
To fully comprehend the requirements for trademark renewal, MUDS advises that you get in touch with a trademark counsellor. Begin the procedure, you must provide the necessary details. After you provide us your information, a legal representative will contact you to learn more about your needs. Depending on whether you need the Trademark renewed or restored, they will explain the procedure and trademark renewal fees to you.
As soon as the necessary paperwork is ready, our attorneys will go to work on your Trademark Renewal application. We will keep you informed of the most recent trademark renewal status of your application, and you will get confirmation that your trademark has been successfully renewed for a further 10 years in 4 to 5 months.
One of the platforms that works with you to meet all of your legal needs and link you to reliable specialists is MUDS. Yes, our clients are happy with the legal services we provide. They continually hold us in high respect and provide regular updates as a result of our focus on making legal obligations simple.
Additionally, our users may always keep tabs on the development of our platform. Our knowledgeable legal counselors are available by phone if you have any queries concerning the Trademark Renewal procedure in India. Your interactions with experts will be pleasant and smooth thanks to MUDS.