Trademark Renewal

Trademark renewal allows the owner of the trademark to retain all the legal rights and commercial benefits derived from that trademark for an extended period. After registration of a trademark, it is provided legal protection for 10 years. Throughout these ten years, the brand/logo is protected from any unauthorized imitation of the mark and plays an important role in enhancing the reputation of the brand in the market.

With the option of renewal, this protection can also be extended for another ten years and the trademark can be renewed regularly for as long as the owner wants. Renewal timelines under the Trade Marks Act are, in the first instance, governed by sections 25(3) and (4). Taken together, these provisions allow for renewal before the 10-year renewal date or within 6 months of the 10-year date by paying a renewal fee after initial notification to the Registrar. By paying the renewal fee and surcharge, or after 6 months but within 12 months from the 10-year date, by paying the renewal fee and surcharge.

Trademark Renewal and Restoration Process

A registered trademark is only valid for 10 years, after which it must be renewed. The Registrar of Trademarks will send you a reminder 6 months before the expiry of the trademark. When you want to renew a trademark, you have two options;

1. Renew the trademark as it is

2. Renew the trademark with changes and modifications

• The application for renewal of the trademark is Form TM-R.
• The application need not be filed by the registered owner of the trademark; it can be done through an authorized representative or agent.If there is opposition to the registration of the trademark after the filing of the application, the status of the application has to be followed. Such objections can be made by any member of the public.
• Once the application has been approved the trademark will be published in the Trademark Journal in the Official Gazette.
• If the trademark is published, the owner of the trademark has protection for another ten years.
• A trademark can be renewed indefinitely. The cost of trademark renewal depends on whether it is done in person or online.
• 10,000 if filing for physical renewal
• It costs Rs 9,000 if done online through e-filing For renewal of the trademark, the following are required,
• Copy of registration certificate
• Copy of Form TM-A (Form used for the original application for trademark registration)
• Applicant's identity card and address proof
• Power of Attorney of a person if the applicant is an authorized representative or agent.

1 . The Procedure of Renewal of Trademark Online

Application for renewal of registration of a trademark shall be made in this form and not more than six months before my last registration expired trademark

1. Click on the New Application tab of the trademark renewal form and select File TM-R. Users can select any one request to apply form
2. Fill in all mandatory fields and click on the save button.
3. Fill all mandatory fields along with document upload and click on proceed button
4. After clicking the submit button, the request is drafted.
5. After signing the document, the request will be shown in the section of the payment menu.
6. Click on Payment Menu (Left) -> Click Make Payment. Select the form and click on Make payment.
7. Once the "Make Payment" button is clicked, an acknowledgment slip will appear with details
8. Click on Payment History from the Payments menu and click on "RECEIPT".
9. View user receipt details with Q-code.

This is a procedure of trademark renewal online India.

2 . Restoration Procedure of Trademarks

• Rs.10,000 if done physically by a person
• Or an additional Rs 9000 if done online.

Understanding of Trademark Renewal India

Application for renewal of a trademark shall be made under Form TM-R with a prescribed fee of INR 9000 per class at any time within one 1 year before the expiry of the registration of the mark. Failure to submit the required fee along with Form TM-R may result in the removal of the trademark from the register.

• If no application is filed for trademark renewal fees India, the Registrar shall send a notice to the prescribed address of the Service informing the owner of the trademark of the deadline for renewal.
• Such notice shall not be sent more than 6 months before the expiry of the registration period. It is to be noted that a trademark can be removed from the register only after the registrar issues such notice to the owner.

Need for Renewal of Trademark

There are many benefits to renewing a trademark. Registration of a trademark provides the owner of the trademark with several rights protected by law.

• It prohibits trademark infringement and also provides for reimbursement in case of such infringements. The registered trademark renewal period is for ten years, failing which the trademark will be removed from the registered trademark.
• It also gives the holder the right to transfer the trademark to another person or company as pe their wish
• rLicensing of a trademark is only possible when the trademark holder has registered the trademark, so a registered trademark has enormous economic value.
• If the trademark is due for renewal, however, the trademark is registered within six months of the due date of renewal or at any time after the due date of renewal, then in such case, the trademark registration may be renewed by paying the prescribed trademark renewal fees.
• Fees within six months after the actual date of registration.

Consequences of Failure to Renew a Trademark

• Failure to renew a trademark has adverse consequences. If the owner fails to file the application or pay the required fee within the prescribed time, the registrar is empowered to remove the trademark from the register.
• The aforesaid condition shall be observed only when the Registrar has given prior notice by advertisement of the notice, in the Trade Marks Journal, indicating the intention to remove the trademark from the register.
• IWhen a trademark is removed from the register for renewal of trademark, the owner loses all rights associated with it. The right to file for infringement and to protect the brand from competing businesses will be excluded from the scope of the owner's rights.
  However, the Trademark Office has been considerate enough to provide another opportunity by way of reinstatement. If the owner fails to renew the trademark even within 6 months of the expiry of the trademark, the owner is at liberty to file for restoration of the trademark after 6 months but within 1 year of the expiry of the trademark. The term of trademark renewal is for 10 years.
• Restoration of the trademark was the last opportunity provided to the owner and no other window was provided by the registration of the trademark. The consequences of failure to restore a trademark are adverse. If the owner fails to file the reinstatement application or pay the required fee within the prescribed time, the Registrar will compulsorily remove the trademark from the register.

Documents Required for Trademark Renewal

The trademark registration process in India is very simplified. Entrepreneurs can now easily get trademark registration for their brands within months.

During the trademark application process, original documents are not required to be submitted. A scanned copy of the original document is sufficient for the requirement of renewal of trademark.

1. Individuals & Sole Proprietorship

Any person – Indian national or foreign national can easily register a trademark in India. Registration of a trademark does not require the creation of a legal entity or business entity. Further, the documents required to register a trademark in the owner's name are as follows for a person,

• A copy of the logo, preferably in black and white (optional). If the logo is not provided, a trademark application can be filed for the word.
• Signed Form-48. Form-48 is an authorization given by the applicant to the trademark attorney to file the trademark application on his/her behalf.
• Identity proof of the person or owner.
• Address proof of the person or owner

2. For Partnership / LLP / Company

Trademark registration fee varies from Rs.4500 to Rs.9500. For Small Enterprises, Startups, Proprietorship, and Individuals, Rs. A low trademark fee of 4500 is applicable. For all other components, the applicable trademark government fee is Rs. 9500 is To be classified as a small enterprise; the applicant needs to provide Udyog Aadhaar Registration Certificate. Further, apart from Udyog Aadhaar registration, the following details will be required.

3. Partnership / LLP / Company

In the case of a partnership firm or LLP, the entrepreneur would have to submit the following,

• Copy of logo (optional)
• Signed Form-48.
• Industry Aadhaar Registration Certificate.
• Certificate of Incorporation or Partnership Agreement.
• Identity proof of the signatory.
• Address proof of signature.

4. Other Applicant’s

All other applicants including companies without Udyog Aadhaar registration will have to submit the following documents to obtain trademark registration in India.

• Copy of logo (optional)
• Signed Form-48.
• Industry Aadhaar Registration Certificate.
• Certificate of Incorporation or Partnership Agreement.
• Identity proof of the signatory.
• Address proof of signature.

You can check the trademark renewal status on the portal.

Benefits of Renewal of Trademark

The following are the advantages that will get from the renewal of the trademark;

Legal Protection

You can easily establish your rights in court if you believe someone has infringed on your registered trademark. In industries where trademark infringement is rampant, trademark registration is critical.

Business Prospects

Should your brand succeed, a trademark is an intangible asset that has the potential to be very valuable. Think of brands like Tide, Nike, or McDonald's. Businesses can earn substantial royalties through licensing agreements or by selling ownership to interested parties.

A Different Identity

You want clients to associate your brand with the goods or services you offer. Registering your trademark will give you the necessary exclusivity. Registration of any similar phrases or catch phrases shall be prohibited by law.

One of the emerging areas in intellectual property rights is a trademark. The tendency of a sign or word associated with a business to be distinguished from other undertakings defines the role of a trademark. Trademark registration ensures that the owner's brand is protected from all serious harm. Hence, it is advisable to renew and restore the trademark as and when required.