Trade Mark Renewal

Description

As provided under section 25 of the Trade Marks Act of 1999, a trademark in India is valid for ten years. The new Trade Mark Rules, 2017 were notified by the Government of India (GOI) on March 6, 2017, with the goals of streamlining the application process, setting standards for trademark applications, encouraging e-filing, and streamlining the registration procedure. If the required documents are submitted and the requirements are met, the registered trademark may be renewed for an additional ten years.

OVERVIEW

OVERVIEW

Trademarks need to be renewed every ten years. It’s important to note the expiration date of your trademark to avoid lapses in protection. There is a six-month grace period available 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. 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.

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.

PROCEDURE

PROCEDURE

Mandatory notice from the Office of the Registrar of Trademarks: Six months prior the trademark renewal deadline, a notice will be sent by the Office of the Registrar of Trademarks to the authorized owner of the mark/label. The trademark will be removed from the Register of Trademarks if it is not renewed within the allotted period.
Form Filing: TM-R application form for trademark renewal is filed online. 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.
Renewal and Restoration Fee: 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. The cost is Rs. 10,000 for physical filing and Rs. 9000 for e-filing the Application form for renewal of a registered trademark to be used by the registered proprietor. The cost is Rs. Rs.5000 + Renewal fee for physical filing and Rs.4500 + Renewal fee for e-filing the Application for renewal with a surcharge for Restoration of registration of a Trademark.
Methods to renew a trademark: Owners can either renew with alterations which allows updating or changing parts of the current trademark during the renewal process, or renew without alterations which simply extends the trademark’s validity without making any changes to it.

STEPS

ADVANTAGES

Legal Protection: Registering your trademark ensures that consumers will be able to identify your goods and services when they see your brand and these rights can only continue to exist if the mark is renewed. The legislation will therefore forbid the registration of any additional terms or catchphrases for goods or services that are similar.
Continuing Ownership: After the trademark for the brand name has been renewed, someone may profit from rights infringements. It provides continued brand protection as well as the favorable reputation of the brand.
Financial Gains: The ability to add monetary value to the trademark by licensing or transferring it to other parties. The exclusive right to license or transfer a registered trademark to a third party in return for money may belong to the trademark owner. It means that one can also profit from a registered brand, so you should be aware of it.
Goodwill: A trademark renewal guarantees the ongoing, uninterrupted protection of the brand name. Legal protection for brand names is lost in the event of nonrenewal and disappointment. Consumers will only prefer a registered brand, and when its registration is cancelled then the goodwill comes to a risk of falling.

ADVANTAGES

Legal Protection: Registering your trademark ensures that consumers will be able to identify your goods and services when they see your brand and these rights can only continue to exist if the mark is renewed. The legislation will therefore forbid the registration of any additional terms or catchphrases for goods or services that are similar.
Continuing Ownership: After the trademark for the brand name has been renewed, someone may profit from rights infringements. It provides continued brand protection as well as the favorable reputation of the brand.
Financial Gains: The ability to add monetary value to the trademark by licensing or transferring it to other parties. The exclusive right to license or transfer a registered trademark to a third party in return for money may belong to the trademark owner. It means that one can also profit from a registered brand, so you should be aware of it.
Goodwill: A trademark renewal guarantees the ongoing, uninterrupted protection of the brand name. Legal protection for brand names is lost in the event of nonrenewal and disappointment. Consumers will only prefer a registered brand, and when its registration is cancelled then the goodwill comes to a risk of falling.

FAQs

FAQs
- What is the validity period of a registered Trademark? Can a trademark registration be renewed?
A trademark in India is valid for ten years. Trademarks need to be renewed every ten years and can be renewed 1 year prior to the date of expiry of its registration. There is a six-month grace period available after the initial ten-year validity during which the owner can still renew the trademark
- When to apply for Trademark renewal in India?
Trademark renewal in India can be filed within the 12 months preceding the expiration date of your trademark registration. There is a six-month grace period available after the expiry date of trademark to renewal it.
- What are the documents required for Trademark Registration Renewal Online India?
- A duplicate of the registration document
- Copy of TM-A form (form used for the original form for registering the trademark)
- Proof of the applicant’s identity and address
- The applicant may be given power of attorney if they are an authorised representative or agency.
- 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
- What is the alternative remedy if the Applicant fails to renew the registered trademark within the prescribed time period?
Restoration can be done if you don’t apply for the renewal of the Trademark within six months after the expiry date. You can apply for ‘restoration’ by submitting an application and paying the prescribed additional fee Under Section 25(4) of the Trademark Act, 1999.

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