The process of trademark renewal in India needs to be started 6 months prior expiry. The procedure of trademark renewal starts with a step of a request for a trademark renewal in India by paying the trademark renewal fee in a prescribed form. If no application for renewal of a trademark is filed together with the prescribed fee, the Registrar shall send a notice at the prescribed address of service informing the proprietor of the trademark of the renewal deadline. Such notice shall be sent not more than 6 months prior to the expiry of the registration. It is pertinent to note that the trademark can be removed from the Register only after such a notice has been served on the proprietor by the Registrar. Unlike patents, copyrights or industrial design trademark rights can last indefinitely if the owner continues to use the mark. However, if a registered trademark is not renewed, it is liable to be removed from the trade mark registry.
However, if no application is filed within the stipulated six months grace period after the expiry of the registration of the trademark, then the trademark is deemed to have expired and shall accordingly be removed from the register.
However, even after removal of trademark, it can be restored by filing an application for restoration of the trademark to the Registrar and paying additional fees after six months and within one year from the date of expiry. It is however pertinent to note that the registrar shall assess the interest of other affected persons while considering the request for such restoration and renewal. Upon acceptance of the restoration and renewal requests, the registrar shall notify the same to the registered proprietor and every registered user and the restoration and renewal shall be advertised in the Trademarks Journal ensuring that the mark is renewed for a subsequent period of ten years.
However, if not renewed within the prescribed period, re-filing of application would be required to register the Trademark.
Benefits of Trademark Renewal
If you believe your registered trademark has been infringed, you can easily establish your rights in court. Trademark registration is essential in sectors in which piracy is rampant. Not registering a trademark may leave the owner of the original brand name without any remedy.
Extension of Ownership Rights
One can avail protection from infringement of rights over the brand name. The exclusive rights over the trademark are extended for 10 years after each renewal. Hence it provides a permanent protection of your brand and goodwill created by the brand.
Creation of Assets and Business Opportunity
A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Apple, Google and KFC. Businesses can earn huge money in royalties through licensing agreements, creating franchisee all over the world or even transfer of ownership to interested parties.
Registering a trademark creates a face of the company or the goods and services. This helps to distinguish and facilitate brand creation. You would want your customers to identify your products or services with your brand. Registering your trademark is the first step toward ensuring this. The law would then prevent any similar words or slogans from being registered.
- A copy of the Trademark Registration Certificate.
- Power of Attorney to represent the applicant.
- Any photo ID and Address Proof of the Applicant
- Copy of TM-A
- Copy of Certificate of Registration(In case of other than individuals)
How to Renew a Trademark
The proprietor of the Trademark has to confirm with the Alteration and change of sign or logo of the registered trademark.
- An application for renewal is made in the form of TM-R.
- The application can be filed by either the registered owner of the trademark or an agent authorized by him.
- Filing a renewal application for trademark renews it for another 10 years.
- After filing the Trademark Renewal application, it is very important to check the status of your application periodically until it is processed by the registrar.
- The Trademark Journal is an official gazette of the Trademark registry which governs the application status whether it is accepted or not. If accepted then it is advertised in the Trademark Journal. Therefore, the renewal process should begin 3 to 6 months before the expiry of the trademark.
- Form-18 is used to file the application, with the requisite fees. The application is reviewed for quality before it is finally approved for renewal.