TRADEMARK RENEWAL

Tradmark Renewal

Trademarks are marks that are graphically represented which help people identify the company or person who produced the goods or services. These marks can be registered under the Trademark Act, 1999 with the trademark registry offices. There are five such trademark registry offices in India, Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. If a trademark is registered the holder of the trademark gets special rights to its usage and is protected by law from the infringement of such rights by others. Registered trademarks have a limitation period of ten years. If the trademark is not being used for a period of five years, then it may be cancelled at the request of another party.
The holder of a trademark is at the liberty to renew the trademark indefinitely every ten years. The Registrar gives a window of six months before the end of ten years to the holder of the trademark to renew their trademark and continue enjoying the rights awarded.
There are two kinds of renewal:
1. Alteration and change of sign or logo of the registered trademark.
2. Application made without any change of trademark.
In the case of a person failing to renew a trademark, the registrar will issue an advertisement in the Trademark Journal indicating the removal of the trademark.
After the period of ten years if the trademark is not renewed the person still has the option of restoration, which means renewal itself but with a fine.

Benefits of Tradmark Renewal

Legal Protection

If you believe your registered trademark has been infringed, you can easily establish your rights in court. Trademark renewal is essential in sectors in which piracy is rampant.

Business Opportunity

A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Businesses can earn huge money in royalties through licensing agreements or even transfer of ownership to interested parties.

Unique Identity

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.

Procedure of Tradmark Renewal

TM-R Form

A renewal application is made in the form of TM-R.

Agent Authorized

The application can be filed by either the registered owner of the trademark or an agent authorized by him.

Application for a Trademark

Filing a renewal application for a trademark, renewing it for another 10 years.

Trademark Renewal Application

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.

Trademark Journal

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

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.

Documents Required for Tradmark Renewal

As a proof of Identity:

A copy of the registration certificate
Copy of Form TM-A (That Form used for the original application for registering the trademark)
ID and address proof of the applicant
Power of attorney if the applicant is an authorised representative or an agent

Eligibility Criteria of Tradmark Renewal

Pre-Existence

Pre-existence of a registered trademark, possessed by the proprietor, subject to renewal.

Analysed For Eligibility

The intent for commercial use should be analysed for eligibility.

Similar Trademark

Make sure that there is no similar trademark, by executing a trademark search of the eminent and licensed trademark database.

FAQs

Q. What happens if I fail to renew a trademark?

The refusal to renew affects everyone who has been assigned or licensed the trademark, not only the owner. Failure to replace your trademark has an impact on your legal rights, resulting in a loss of legal standing.

Q. What is trademark renewal timeline?

Every ten years, the trademark proprietor has the option to renew the trademark indefinitely. Before the end of the ten-year period, the Registrar gives the trademark holder a six-month window to renew their trademark and continue to enjoy the rights provided.

Q. What is the application form for trademark renewal?

On or before six months after the trademark registration expiration date, the proprietor must submit a renewal application to the Registrar of Trademarks in a stipulated form (TM-R).

Q. Is there a backup plan if the trademark is not renewed on time?

Yes, the Trademark Act is quite understanding and sympathetic to a proprietor’s concerns. As a result, they have been granted a second opportunity to renew the trademark within six months following the date of expiration of registration by filling in a prescribed form (TM-10).