Trademark Renewal
Basic
- Filing Renewal Application
- 10 Year Validity Extension
Trademark Renewal
Trademark Renewal
In today’s competitive business environment, securing a trademark is crucial for establishing a brand’s distinct identity. However, registering your trademark is just the first step. To maintain its legal protection and preserve your brand’s exclusivity, it’s vital to renew the trademark within the stipulated time frames. Trademark renewal ensures that your brand remains protected, safeguarding it from infringements and keeping its legal status intact.
Whether you’re an established entrepreneur or just starting out, understanding the nuances of trademark renewal is essential to fortify your brand’s reputation and longevity in the marketplace.
What is a Trademark?
A trademark is a unique symbol, word, design, or combination thereof, that identifies and distinguishes the source of goods or services of one party from others. It acts as a visual cue that allows consumers to instantly recognize the origin of products or services, fostering trust and loyalty. As a critical aspect of intellectual property, trademarks serve as a brand’s legal protection, giving it exclusive rights over the use of the mark.
Trademark Renewal
A registered trademark in India is initially valid for 10 years. Trademark holders can renew their registration before this period expires, ensuring the continuity of their brand’s protection. The Registrar of Trademarks provides a six-month grace period before the expiration date, allowing owners to renew their trademark and continue reaping its benefits. Failure to renew the trademark results in its removal from the register, leaving the brand vulnerable to infringement and loss of exclusivity.
Trademark Renewal Provision (Section 25 of the Trade Marks Act, 1999)
Under Section 25 of the Trade Marks Act, 1999, a registered trademark can be renewed for an additional 10 years upon its expiration. The trademark holder must submit a renewal application to the Registrar of Trademarks along with the requisite fee before the expiry date. Once the application is approved, the trademark is renewed for another decade, providing uninterrupted legal protection.
Deletion of a Registered Trademark Due to Non-Renewal
If a trademark owner fails to renew their trademark within the designated time frame, the Registrar will remove the trademark from the registry. The owner will be notified in advance of the approaching expiry date, allowing ample time for renewal.
However, all hope is not lost if the renewal deadline is missed. A six-month grace period is granted after the expiration date, during which the owner can still renew the trademark by paying a surcharge in addition to the renewal fee. Should the trademark be removed due to non-renewal, the owner has up to a year to apply for its reinstatement, ensuring their brand remains protected.
Benefits of Renewing a Trademark
Renewing your trademark brings several critical advantages:
- Legal Safeguards: Renewed trademarks continue to enjoy full legal protection, granting you the authority to enforce your rights and prevent unauthorized use.
- Preventing Infringement: With a renewed trademark, you retain the exclusive right to your brand identity, allowing you to take legal action against infringement.
- Licensing Opportunities: A valid trademark can be licensed to other entities, generating revenue for the owner while expanding the brand’s reach.
- Enhanced Brand Value: Renewed trademarks retain their value, bolstering your brand’s identity and reputation in the market.
- Transferability: Trademark owners can transfer the rights of a renewed trademark to another person or entity, adding flexibility to business operations.
- Customer Trust: A renewed trademark assures customers that your brand remains committed to quality and legitimacy.
How to Renew Your Trademark
There are two ways to renew a trademark in India:
- Renewal with Modifications: If you wish to update your trademark (such as altering the design or adding elements), you can renew it with modifications.
- Renewal Without Modifications: If no changes are necessary, you can renew the trademark as-is, extending its validity for another 10 years.
Restoring Your Trademark
If your trademark has lapsed after the 10-year period, it’s possible to restore it. The process of restoration closely follows that of renewal but requires an additional penalty for surpassing the expiration date.
Trademark Renewal Filing Deadline
It is essential to submit the renewal application before the trademark’s expiration date. Ideally, this application should be filed six months prior to expiration, but the window for renewal remains open up to six months after the expiration date, albeit with an additional late fee. Failure to renew within this extended timeframe will result in the cancellation of the trademark registration.
If a trademark is canceled due to non-renewal, there remains a six-month period post-cancellation during which an application for restoration can be made. This provides one final opportunity to safeguard the trademark.
Documentation Needed for Trademark Renewal
When renewing your trademark in India, the following documents must accompany your application (Form TM-12):
- A certified copy of the original trademark registration certificate.
- A certified copy of the TM-A form used for the initial registration.
- Identification and residence proof of the applicant.
- A Power of Attorney (if the applicant represents the trademark owner).
Trademark Renewal Procedure in India
The renewal process for a trademark in India is straightforward but thorough. Below is a step-by-step guide to the process:
Submitting the Application: The owner must submit Form TM-R to the Registrar of Trademarks, providing details such as the registration number, current status, and applicant’s contact information.
Scrutiny and Review: The Registrar examines the application to ensure the trademark is still valid and meets all renewal requirements. If discrepancies are found, the applicant must resolve them within the prescribed time.
Publication in the Trademark Journal: If the application is deemed satisfactory, the renewed trademark will be published in the Trademark Journal for a period of four months. This allows third parties to raise any objections.
Issuance of Renewal Certificate: Upon successful review and the resolution of any objections, the Registrar issues the Trademark Renewal Certificate, extending the trademark’s validity for another 10 years.
Simplifying the Trademark Renewal Process with Allycon
At Allycon, we offer a streamlined service for trademark renewals, ensuring that your brand’s legal protection is maintained without hassle. Our expert team handles the entire process, from gathering necessary documentation to managing submissions, ensuring that your trademark renewal is completed on time and without errors.
- We start by collecting all required details and initiating the renewal process on your behalf.
- Our professionals meticulously prepare the renewal application, ensuring accuracy and compliance with regulations.
- After thorough review, we submit the application to the Registrar of Trademarks, ensuring timely processing.
With Allycon’s expertise in trademark renewal, you can focus on growing your business, knowing that your brand’s identity is protected for years to come.
Related Business Registrations
In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.
