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The Registrar provides a six-month opportunity prior to the expiration of the ten-year period for the trademark holder to renew their trademark and continue to enjoy the rights granted. If a person fails to renew a trademark, the registrar will publish an advertisement in the Trademark Journal announcing the trademark's cancellation.
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Trademark Renewal

An Overview- Trademark Renewal

Trademarks are graphic representations of the firm or individual who are dealing in goods or services. These marks may be registered with the Trademark Registry Offices pursuant to the Trademark Act, 1999.

Ten years are the limitation period for registered trademarks. After five years of inactivity, a trademark may be terminated at the request of another party. Every ten years, the holder of a trademark has the option of renewing the trademark indefinitely. The Registrar provides a six-month opportunity prior to the expiration of the ten-year period for the trademark holder to renew their trademark and continue to enjoy the rights granted. If a person fails to renew a trademark, the registrar will publish an advertisement in the Trademark Journal announcing the trademark's cancellation.

If the trademark is not renewed after ten years, the owner has the option of restoration, which is the same as renewal but with a fee.

Checklist for Trademark Renewal online

There are some conditions for trademark renewal in India.

  • Prior ownership of a registered trademark by the proprietor, which is subject to renewal.
  • Eligibility should be determined based on the intended commercial use.
  • Confirm that no comparable trademarks exist by conducting a trademark search of the pre-eminent and licenced trademark database.
  • If there is a trademark problem, it is prudent to seek legal advice on a realistic resolution.
  • Obtain and draft a renewal application in accordance with applicable circumstances.

Documents required for trademark renewal in India

Renewal of a Trademark requires the submission of certain documents which are as follows:

  • A Certified Copies of the Registration Certificate
  • Authorization to act on behalf of the applicant
  • The applicant's photo identification and proof of address
  • A duplicate of the Trademark Registration Application Form

Benefits of Trademark Renewal

The major benefits of renewal of your Trademark are mentioned below:

Legal safeguards:

Trademarks are classified as intellectual property and upon registration can be protected from infringement. Additionally, trademark registration provides an exclusive right to use the trademark in connection with the "Class" of products or services that the brand represents.

Differentiation of products:

Registrations of trademarks are unique to the goods or services they represent. A trademark enables you to differentiate your goods from that of your competitors.

Recognize your brand:

Customers link a product's performance, quality, and features with the business that manufactures it. They often identify the goods by its logo, which is a registered trademark.

Establishment of an asset:

A trademark registration establishes an asset for a business. For accounting and income tax purposes, a trademark is treated as an intangible asset. Trademarks are protected intellectual property that carries a monetary value for the products they represent.

Valuation of businesses and goodwill:

Trademarks registered and linked with your products which increase the value, goodwill, and net worth of your business in the industry. Your trademark communicates your commitment to quality, the unique characteristics of your products, and the objective of your organisation.

Detailed process of Trademark Renewal in India

Here is the detailed procedure of trademark renewal in India.

There are two kinds of renewal:

  • Alteration and change of sign or logo of the registered trademark.
  • Application made without any change in trademark.

The procedure is as follows-

  • An application for renewal is filed through the form of TM-R.
  • The application can be filed either by
    • The registered owner of the trademark or
    • By an agent authorized by the owner.
  • It can be renewed for another 10 years by filing the application for renewal.
  • It is very important to check the status of your application periodically after furnishing of the application until it is processed by the registrar.
  • You can check the trademark journal for the application status. If the application is accepted then it will be advertised in the Trademark Journal. Therefore, You are advised to begin the renewal process from 3 to 6 months before the expiry date of the trademark.
  • The application is reviewed for quality by the registrar before it is finally approved for renewal.

FAQs on Trademark Renewal in India

Yes, it is possible. Trademark renewal requests can be filed within 6 months of expiration date. It can be done by filing form TM 12 with applicable late fee.
The renewal application can be filed within 6 months prior to the date of its expiration and within 6 months after expiration of the registered trademark with applicable late fees.

The following form must be submitted for the trademark renewal:

  • TM-R - It is an application form for Renewal/Restoration of registration of a trademark or for payment of surcharge of the renewal.
  • TM-18 - It is an affidavit in support of the statement of the case (it is only to be filed when required by the Registrar in support of a statement of case furnished under Section 40(2) or relating to a request under rule 6).
Trademark restoration is a process to restore the removed trademark in the TM register due to the failure of trademark renewal within the prescribed period.
The validation period of a registered trademark is 10 years from the date of approval. It is required to get it renewed after every 10 years.
Yes, trademark renewal applications can be filed online with the help of professionals.
The application can be furnished either by the trademark owner or an agent authorised by the owner. It is advised to get professionals' help and guidance for renewal of trademark.
In case the trademark could not be renewed within the prescribed time limit, it will lead to the removal of trademark from the register.
By not renewing a trademark you will affect your legal rights, which weakens your legal position. To avoid infringements, the trademark should be renewed.

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