Trademark Renewal

Enquiry form

https://www.youtube.com/watch?v=XHOmBV4js_E

What is Trademark Renewal?

    Registered trademarks have a 10-year validity and can be renewed indefinitely. The Registrar has set a wide window for you to do so, beginning from 6 months before the date of expiry. Even if you forgot, as even large organisations tend to do, you will be sent a notice to your registered address before the date of expiry. If you still do not file for renewal, the registrar may advertise its intention to remove the trademark in the Trade Marks Journal. This is, however, likely to happen only 12 months after the expiry date. Between 6 and 12 months after expiry, trademark registration can be renewed on payment of a fine through a process called ‘restoration’.

Benefits of Trademark Renewal

Legal Protection

If you believe your registered trademark has been infringed, you can easily establish your rights in court.

Business Opportunity

A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Adidas or McDonald’s or Dominos. Businesses can earn huge money in royalties through licensing agreements or even transfer of ownership to interested parties.

Unique Identity

You would want your customers to identify your products or services with your brand. Registering your trademark is the first step toward ensuring this. The law would then prevent any similar words or slogans from being registered.

Checklist For Trademark Renewal

1. Pre-existence of a registered trademark, possessed by the proprietor, subject to renewal.
2. The intent for commercial use should be analyzed for eligibility.
3. Make sure that there is no similar trademark, by executing a trademark search of the eminent and licensed trademark database.
4. If there is a conflict of trademark it is prudent to get a legal opinion for a feasible solution.
5. Procure and prepare an application for renewal and thereby comply with appropriate conditions.

How to Renew a Trademark:

There are two kinds of renewal:

1. Alteration and change of sign or logo of the registered trademark.
2. Application made without any change of trademark.          

The procedure is as follows-

• An application for renewal is made in the form of TM-R.
• The application can be filed by either the registered owner of the trademark or an agent authorized by him.
• Filing a renewal application for trademark, renews it for another 10 years.
• After filing the Trademark Renewal application, it is very important to check the status of your application periodically until it is processed by the registrar.
• The Trademark Journal is an official gazette of the Trademark registry which governs the application status whether it is accepted or not. If accepted then it is advertised in the Trademark Journal. Therefore, the renewal process should begin 3 to 6 months before the expiry of the trademark.

Form-18 is used to file the application, with the requisite fees. The application is reviewed for quality before it is finally approved for renewal.

What are the required documents For Trademark Renewal?

• Pre-existence of a registered trademark which is possessed by the proprietor/owner (Copy of the Registration certificate)
• The determination and intention for commercial use should be examined for eligibility (Copies of the Proof of same).
• You must make sure that there is no similar trademark by executing a Trademark Search of the well-known and licensed trademark database.
• Power of Attorney to represent the Applicant
• Address proof & Photo ID of the Applicant
• Copy of Application form for trademark registration – Form TM-A
• It is prudent to get a legal opinion for a feasible solution if there is a conflict of the trademark. (Copy of the Proof of Conflicted Trademark)
• Prepare and procure a renewal application and thereby comply with the suitable condition.

Frequently Asked Questions (FAQ’s)

What is the term of a Trademark?

The trademark renewal encompasses the term of the Trademark by another ten years.

What will happen if the proprietor fails to renew the Trademark?

He/she shall lose all the protection that comes with the registration if the proprietor fails to renew the Trademark.

What happens to the Ownership Rights after trademark Renewal?

After the renewal of the Trademark, over the brand name, one can benefit from violations of rights over the ownership. It provides goodwill created by the brand and the permanent protection of your brand.

Does the owner has the exclusive right on the registered Trademark

In return for some monetary compensation, a trademark owner has the proprietary rights, to license, or assign the mark the registered Trademark to someone else. As a result of this, one can profit from a trademark that is registered as well.

What is the form required to apply for Trademark Renewal?

The proprietor must apply for renewal before the Registrar of the Trademark in a prescribed form [TM-R] on or before six months from the trademark registration expiration date.

What is the form to pay the requisite fees to apply?

Utilizing the requisite fees, Form-18 is used to apply. The application is reviewed for excellence and quality before it is finally approved for renewal.

What are the ways the Trademark can be renewed?

Renewal can be done in two ways, those are: – a) Simple Renew the Trademark and b) Renew the Trademark with changes/modification and alterations.

Should the Trademark be published?

Yes, the Trademark must be publicized in the Trademark Journal if the Trademark Examiner administers that the application is suitable.

What will happen if letting down to renew the Trademark?

Letting-down to renew affects all those who are either assigned or licensed the Trademark and not just the proprietor. Not replacing your Trademark also affects your legal rights, which, in effect, declines your legal position.

Do we have any alternative if failed to renew the Trademark on time?

Yes. The Trademark Act is very understanding as well as sympathetic to the worries of the proprietor. Therefore, after the date of the expiration of registration by a filing prescribed form [TM-10], they have provided another chance to renew the Trademark within six months by paying the additional charges.