Trademark Renewal India – A Detailed Guide

Trademark renewal India is a request made for the renewal of a trademark. The owner of the trademark can renew the same by filing the renewal within 6 months from the expiration date.

A trademark is an Intellectual property that is defined as a word, design, symbol, or logo which differentiates a product from other products of a similar kind. The registration of a trademark is valid for ten years and the owner has the option to renew the trademark indefinitely.

The renewal application is filled in for the renewal of trademark Form TM-R along with the prescribed fee. In this article, we will be understanding the process, period, and fees of the renewal of a trademark.

What is Trademark Renewal India?

Trademark registration helps customers to differentiate their products from other companies. Trademarks can be registered under the Trademark Act, 1999 with the trademark registry offices. Registered trademarks have a limitation period of ten years and if the trademark is not being used for five years then it may be cancelled at the request of another party.

What is the Need for the Renewal of the Trademark?

Renewal of a Trademark provides various advantages to the owner. Registration of the trademark gives the holder of the trademark various rights that are protected by law. It prevents the infringement of the trademark and also provides restitution in case of such infringements.

Trademark renewal India allows the holder the right to transfer the trademark to another person or company at their convenience. Licensing of trademarks is only possible if the holder of the trademark has registered the trademark, therefore a registered trademark holder has immense monetary value.

What is the Process of Trademark Renewal Online?

The process of renewal of trademark begins 6 months before the expiry of the trademark renewal period i.e., ten years. The office of a trademark provides 6 months to start the renewal process. It also sends a notice of renewal to the owner’s registered address. There are two ways through which you can renew your Trademark every ten years. The owner of the Trademark has the option to renew the Trademark.

1. Trademark renewal India in its current form.

2. Changes and revisions are made to the trademark in order to renew it.

• The TM-R application is submitted for renewal of the Trademark.
• The application can be filled out by an authorized representative or agent in place of the owner.
• After filing the application, it is necessary to check the trademark renewal status in case any objections are raised. An objection can be raised by any person from the public.
• The trademark will be published in the Trademark Journal when the application is approved.
• The Trademark can be renewed indefinitely.
• The registration of the trademark will offer a renewal certificate in the trademark owner’s name if it’s error-free.
• If the Trademark has been published, the owner of the Trademark receives an additional ten years of protection.
• The cost of Trademark renewal India depends on the online or offline method of application.

What are the Documents Required for Trademark Renewal Application?

The following documents are essential for the renewal of the Trademark:

1. A Photocopy of the registration certificate of the trademark

2. Power of attorney for representing the applicant

3. Address proof and photo ID of the applicant

4. Photocopy of application form of registration of Trademark in Form TM-A.

Checklist for Trademark Renewal Online India

The following checklist must be dealt with before proceeding with the renewal of the trademark:

• The trademark must be registered and should be possessed by the owner and the same should be subject to renewal
• A trademark search should be conducted to make sure there exists no identical Trademark before Trademark renewal online.
• The legal opinion must be taken for an expedient solution in case of any conflict of the trademark
• A renewal application should be prepared and it should comply with appropriate conditions.

What are Trademark Renewal Fees?

The application for renewal along with surcharge or restoration and renewal of trademark shall be filled in Form TM-R. An affidavit supporting the statement of the case can be filled in Form TM-18. The trademark renewal fees India are divided into two ways:

1. Fees for Physical filing:

The cost levied on the filing of a renewal application with surcharge or restoration and renewal of trademark is Rs. 10,000/-.

2. Fees for E-filing:

The cost incurred for the filing of an application for Trademark renewal India with surcharge or restoration and renewal of trademark by E-filing is Rs. 9,000/-.

What is Trademark Renewal & Restoration?

There can be a possibility that a person forgets to renew their trademark in the given time period. There is an option available in the given cases. In case of failure to renew, the owner can restore the trademark.

Restoration of a Trademark is allowed by the Trademarks Act, 1999 under section 25(4) which permits persons to apply for the restoration of the trademark. Restoration can be done within one year of the expiry of the registered trademark.

What are the Benefits of Trademark Renewal India?

The benefits of renewal of the trademark are discussed below in the given points:

1. Safeguard legally – The renewal of the trademark helps the owner to safeguard the rights legally if his trademark is being infringed by an unauthorized person.

2. Distinct Identity – A registered trademark becomes an intangible asset for the business which forms a unique identity for such a brand in the market.

3. Asset for business – A company can earn money and royalty by having the right to sell, assign or transfer such registered trademark.

4. Security for the brand – The renewal of a trademark ensures the continuous protection of the brand and provides security.

5. Less chance for Litigation – The renewal procedure helps the owner of the mark to protect his trademark by not facing any litigations in the future.

What are the Consequences of Failure to Trademark Renewal India?

The registrar shall remove the mark from the register if there is no application being filled for renewal or in case no prescribed fees have been paid. Before the removal of the trademark from the register, the register will advertise the intention of removal in the trademark journal. The failure to renew the trademark not only affects the proprietor of the trademark but also the people who are assigned or licensed to the trademark and also weakens the legal position of the trademark.

Conclusion

A trademark builds a brand and boosts the growth of a company’s name. It is an intellectual entity for the company. Every asset has a specific life and the same goes for a trademark. The Trademark renewal India has a term of trademark renewal for ten years, after that a renewal request must be submitted before the expiration date for use to continue. It is renewed with the payment of fees within the specified time. The trademark registry will impose additional fees when the application is submitted after the expiration date.