7 Risks of Delaying Your Trademark Renewal

 

Failed to renew your trademark? If you are late with your trademark renewal, there is a strong likelihood that you may experience these 7 risks.

 

It is common knowledge that a company's trademarks and logos are crucial. They are the first thing that customers notice. 

 

According to the regulations, trademarks have a ten-year safety period after trademark registration online. It must be renewed at the end of each term. However, if you fail to renew your trademark by the deadline, you may be exposed to these seven hazards.

 

1) Another party could use the trademark.

Because of the fierce competition in business, there is a good danger that someone will use your trademark if it is not renewed by the deadline. 

 

It might happen under unusual circumstances. 

 

However, given that the trademark renewal is still ongoing, it is feasible. The trademark may be registered by the rival. 

 

If no other elements of pre-existing freedoms are discovered in the competitor's registration, it becomes viable.

 

2) Re-registration of a trademark may not be permitted

If the trademark is not renewed by the deadline, there is a significant danger. In the meanwhile, you risk losing your original logo permanently if a rival registers a similar mark. 

 

According to IPINDIA criteria, a mark shall be disregarded if it is confusingly similar to a trademark symbol that has already been registered.

 

The right to re-register the mark will be fully rejected even if there were no problems when the logo or trademark was first registered if a problem emerged after the date of renewal.

 

3) Limited Classes

Let's say that when you first registered your logo, it was in a higher class. 

 

You will not be permitted to register in the same class if your renewal date has passed and someone else has registered a comparable logo in that period.

 

According to IPINDIA regulations, it is illegal to register a mark for a specific company that is confusingly similar to one that is already in use. 

 

Therefore, if you miss the deadline for renewing, it may be harder to register your trademark in the same class as before.

 

4) Restricted Nations

if similar or comparable trademarks have been registered in these nations while the renewal date has passed in a few of them. 

 

It severely restricts your ability to register your current trademark again in those nations.

 

It could be a significant obstacle for your company, and in some situations, you might not be able to operate under an expired trademark. To continue operating in the nation, you must promptly register a new one.

 

5) Contracts With Rivals

If the business owner faces the potential risks mentioned above, he can maximise the trademark's protection by cooperating with the rival. 

 

Such agreements seek to achieve a perfect equilibrium between strengthening the opponent's financial symbolism.

 

Practically speaking, such transactions are prohibitively expensive. However, we cannot totally rule out this option. 

 

So there's no doubt that this is a challenge and a significant danger for business owners who don't renew their trademarks within the allotted time.

 

6) Late Renewal Fees for Trademarks

The owners of businesses that failed to renew their trademarks will be required to make additional payments, such as late payment fees. 

 

But in accordance with the laws, the national IP officers give business owners a grace period of six months during which they must renew their trademarks. 

 

Renewal of the trademark within the allotted term is strongly advised. It will prevent unnecessary late costs.

 

7) Additional Agent Fees

There is a good probability that other competitors may have registered a trademark with or without a serious aim if an owner occurs to miss the renewal period. 

 

The owner could need legal counsel in this situation. In addition to late fees and fees associated with writing contracts, owners are also responsible for paying for legal counsel. 

 

If they don't record their trademark renewal within the deadline, all these additional agency fees will be lost, leaving them with nothing.

 

Documents Required for Trademark Renewal

 

• Copy of registration certificate 
• Photo-id and address proof of the applicant 
• Copy of the application from the trademark registration online form TM-A
• A lawyer to represent the application.

 

 

Procedure for Renewal of a Trademark

 

At the end of 10 years, all the registered trademarks have to be renewed as per the law. 

 

The registrar of trademarks will indicate the expiry of trademarks via mail to the official address 6 months before its expiry. 

 

You can easily renew your trademark using the process given below. 

 

• First file a petition for the renewal of a trademark through the TM-R form
• The petition can also be filed by an authorised dealer
• The form TM-18, along with an affidavit is submitted
• If you are planning to file the petition manually then you have to pay renewal fees of Rs. 10,000 
• If it is done online, e-filing fees of Rs. 9,000 have to be paid
• The application will be analysed for errors
• If it is free of errors, the trademark register will provide a renewal certificate in the name of the trademark owner
• Post renewal, it will be posted in the trademark journal. 

 

 

What Is the Term for the Renewal of a Trademark? 

 

The Trademark Act of 1999 specifies a 10-year registration period for trademarks in India. 

 

After the first registration time is over, a trademark can be renewed for an additional ten years.

 

Petitions for trademark renewal must be submitted six months before the expiration date. 

 

The registrar of trademarks will send you a letter notifying you that your trademark registration is about to expire.

 

The notification will include details such as the deadline for renewal and the renewal fees for trademarks. The trademark will be removed from the official trademark register, also known as the trademark journal, if the registration or renewal is not completed within the specified time frame.