Trademark Renewal
Trademarks are initially registered for a period of 10 years and can be renewed perpetually. The renewal process must commence at least six months prior to the expiration date. In case of oversight, a reminder will be sent to the registered address before the expiration date.
If a renewal application is not submitted, the registrar may announce its intention to withdraw the trademark in the Trade Marks Journal. However, this is typically done within a year of the expiration date.
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Trademark Renewal – An Overview
A trademark is a unique symbol, such as a word, slogan, photograph, logo, or graphic that distinguishes a product or service from others. It is a valuable asset to the owner, but it is only valid for 10 years and can be renewed for another 10 years by filing a renewal application in Form TM-R.
Renewing the trademark is essential for its continued protection, and it can be renewed for an unlimited period by paying the necessary fees. Failure to renew the trademark will result in its removal, making trademark renewal an integral part of trademark management.
The renewal application must be filed within six months before the expiry of registration or renewal, and the Registrar will send a reminder notice to the registered trademark owner before the deadline.
If the renewal application is not filed within the deadline, the Registrar may advertise its intention to remove the trademark in the Trademarks Journal. However, there is no need to worry as the renewal request can still be filed within six months after the expiry of registration or renewal, along with a late filing fee.
Advantages of Trademark Renewal
Legal Safeguard
Having a registered trademark provides legal protection and the ability to take legal action against those who violate your trademark. In industries where trademark infringement is common, having a registered trademark is essential for safeguarding your intellectual property rights.
Business Opportunity
A registered trademark can be a valuable intangible asset for your business if your brand becomes successful. Well-known brands like Nike, Tide, and McDonald’s generate substantial royalties through licensing agreements or by selling ownership rights to interested parties.
Distinctive Identity
Having a unique brand identity is important for your customers to associate your products or services with your brand. Registering your trademark ensures that your brand is distinctive and no one else can use similar phrases or catchphrases that may confuse or mislead customers, as it is protected by law.
Process of Trademark Renewal
The process for renewing a trademark involves several steps:
Trademark Search: Prior to renewing a trademark, it is necessary to ensure that there are no similar or identical marks that have already been registered or filed for registration. A brand search can be conducted on the Indian Trademark Office’s website.
Application for Renewal: The renewal application can be submitted directly at the Trademark Office or online through the Indian Trademark Office website, either six months before or after the trademark’s expiration, for an additional fee.
Application Review: The Trademark Office will review the renewal application to ensure that all required information has been provided.
Publication in Trademark Journal: After the renewal application has been reviewed, the brand will be published in the Trademark Journal.
Opposition Period: Third parties have four months to oppose the trademark’s extension following its publication in the Trademark Journal.
Renewal Certificate: If there is no opposition or if the opposition is upheld in favor of the trademark owner, the Trademark Office will issue a renewal certificate.
Paying Fees: The final stage of the renewal process involves paying fees, which can be made directly at the Trademark Office or electronically through the Indian Trademark Office website.
Documents Required
Initially, you have to provide us with the following details:
Applicant’s name
Business type
Business objectives
Brand/logo/slogan name
Registration address
The documents required are:
Signed Form-48
Identification proof of the signatory
Address proof of the signatory
Business proof (depends on the type of business)
Udyog Aadhar/MSME registration certificate (optional).