Renewing a Trademark | How, When and Where

Trademarks are graphically depicted marks that aid in identifying the company or individual who created the goods or services. These trademarks can be registered with the Trademark Registry Offices under the Trademark Act of 1999. Also, it is mandatory for renewing a trademark registration online before the expiry.

Mumbai, Delhi, Kolkata, Chennai and Ahmadabad are the five trademark registry offices in India. 

When a trademark is registered, the owner of the trademark receives specific rights to use it and is legally protected from others infringing on those rights. 

 

Validity of Trademark

A ten-year limitation period applies to registered trademarks. If a trademark is not utilised for five years, it may be cancelled at another party's request.

 

Every ten years, the trade mark proprietor has the option to renew the trademark indefinitely. 

 

The Registrar allows the trademark holder a six-month opportunity before the end of the ten years 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 stating that the trademark will be removed.

 

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

 

Trademark Renewal

Renewal of a trademark has numerous advantages. When a trademark is registered, it grants the owner of the trademark a slew of legal rights. 

It prohibits trademark infringement and provides for reimbursement in the event of such infringement.

It also gives the trademark holder the ability to freely transfer the trademark to another person or company. Trademark licencing is only feasible if the trademark holder has registered the trademark. 

Hence, a registered trademark has a high monetary worth.

 

How to Renew a Trademark?

A registered trademark is only good for ten years and must be renewed after that. 

 

Step 1 - Decide how to renew the Trademark

For this purpose, 6 months before the trademark expires, the registrar of trademarks will send you a letter reminding you of its expiration. 

When it comes to renewing a trademark, you have two choices:

Renew the trademark in its current form.

Make changes and revisions to the mark to renew it.

 

Step 2 - Application (Form TM-R)

The form TM-R is used to apply for trademark renewal.

The application does not have to be filed by the trademark's registered owner, an authorised representative or agent can do it instead.

After applying, it is necessary to monitor its progress in case any resistance to the trademark's registration is lodged. 

 

Step 3 - Objection or Acceptance

Any member of the public can file such an objection.

The trademark will publish in the official journal, the Trademark Journal if the application accepts.

If the trademark has been published, the owner of the trademark receives an additional 10 years of protection.

The trademark can be renewed indefinitely.

 

Trademark Renewal Fee

The cost of renewing a trademark varies depending on whether it is in person or online.

The renewal filing costs 10,000 rupees if done physically.

It costs 9,000 rupees if done online using e-filing.

 

Documents Required for Trademark Renewal

The following documents are mandatory for trademark renewal:

A copy of the certificate of registration

TM-A (the form of the original application for registering the trademark).

Identification and mailing address the applicant's proof

If the applicant is an approved representative or agent, a power of attorney is necessary.

 

Trademark Restoration

A person may neglect to renew their trademark within the specified time frame. In such circumstances, don't worry, there is still an option. 

If a trademark is not renewed, it can be attempted to be restored. Restoration of a trademark is under Section 25 (4) of the Trademark Act of 1999, which allows individuals to apply for trademark restoration.

Only one year after if the trademark expires it can restore. The cost of restoring a trademark is in addition to the renewal fee:

If done in person, the cost is 10,000 rupees

If done online, the cost is only 9000 rupees.

 

FREQUENTLY ASKED QUESTIONS

1. What are the advantages of renewing a trademark?

Trademark registration is a type of intellectual property protection in which a word or a visual symbol is used by a business to help differentiate its goods or services from those of other similar goods or services that may come from a different firm. If the trademark renews, this benefit will remain.

 

2. What documentation is necessary for trademark renewal?

The following documents are necessary to file a trademark renewal application: A copy of the Registration Certificate, Power of Attorney, the Applicant's ID and Address Proof, and a copy of the TM-1.

 

3. Is it possible to file a trademark renewal after the registration of a trademark has expired?

Yes, you can renew your trademark at any time within 6 months after the expiration of your previous Trademark Registration by filing Form TM-12 and paying the late renewal cost.

A delay of more than 6 months can be problematic, and it can result in more expenses and paperwork. The trademark abandons or withdraws from the trademark register if the renewal process does not complete within 12 months of the expiration date.

 

4. What is the difference between registering a trademark and renewing a trademark?

The trademark registration process differs from the renewal process in terms of documentation, procedure, the time necessary, and expenses. After the ten years has expired, the trademark must be renewed within six months. It's straightforward to use.