Once a Trademark is registered it has validity of 10 years, and after that it needs to get renewed after every 10 years. The Registrar has set a wide window for you to do so, beginning from 6 months before the date of expiry. Even if you forgot, then you will be sent notice to your registered address before the date of expiry. If you have still not filed your Trademark renewal, then 12 months time is granted after the expiry of Trademark to get your trademark restored. The process is called “Trademark restoration process”.
Trademark Renewal in India
Benefits of Trademark renewal
Following are the benefits of Trademark renewal-
- You will get Legal protection against your registered trademark. Owner of the trademark has an exclusive right to initiate legal action against any unauthorized use of the mark or against any kind of infringements.
- A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Tide, Nike, Mcdonalds are the biggest examples. Businesses can earn huge money in royalties through licensing agreements or even transfer of ownership to interested parties.
- Trademark registration builds the unique identity of your trademark in the market. The law would then prevent any similar words or slogans from being registered.
Checklist for Trademark Renewal
- Pre-existence of a registered trademark, possessed by the proprietor, subject to renewal.
- The intent for commercial use should be analyzed for eligibility.
- Make sure that there is no existence of any identical trademarks, by executing a trademark search.
- If there is a conflict of a trademark it is prudent to get a legal opinion for a feasible solution.
- Procure and prepare an application for renewal and thereby comply with appropriate conditions.
How to Renew a Trademark
For Trademark renewal there are two kinds of renewal-
- Alteration and change of sign or logo of the registered mark
- Application made without any change in the Trademark
The procedure is as follows-
- An application for Trademark renewal is made in the form of TM-R.
- An application can be filed by the applicant himself or through the registered agents or attorneys authorized by him.
- Renewal application renews the trademark for the next ten (10) years.
- After filing the application it is important to keep a check on the status of the application 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 prior to the expiry of the trademark.
- Form-18 is used to file applications with requisite fees. The application is reviewed for quality before it is finally approved for removal.
What are the documents required for Trademark renewal in India?
Copies of the following documents are required to be submitted along with your trademark renewal application form-
- PAN card
- Address proof of the applicant
- Certificate of registration
- Trademark registration certificate issued by the Registry.
- Power of attorney if an application os filed by the agent or attorney
Why should you renew your Trademark?
Extension of Ownership RightsThe whole idea of trademark renewal is to assert the rights of the owner. Once the owner gets the trademark registration, it secures its business rights. Wth every application for trademark renewal, the rights of the registered owner gets extended for the next 10 years. By extending your trademark registration you can continue to avail protection from any infringement of rights over your brand name.
Protection from LitigationWith your trademark registration, the owner of the trademark enjoys seamless protection against any frivolous litigation. A timely trademark renewal makes it possible for people/business to claim any rights over the trademark, other than the registered trademark owner, also you can sue other business owners who continue to infringe your registered trademark.
Attracts the best Human resourcesWhen you renew your trademark, it continues to spread the vision, brand image and unique characteristics of your organization. Naturally, talented young people would wish to get associated with such a brand. Due to the positive brand image created for your brand name, such talented human resources would be easily inclined towards working for your organization. This will reduce the cost of searching and hiring quality manpower considerably.
How BIAT Legal helps you in your Trademark renewal process
RequirementAs soon as you send your details, our executive will get in touch with you to find out about your requirements and explain the process and charges to you. Charges would depend on whether you want trademark renewal or want to restore your trademark.
Renewal applicationOur expert lawyers will start working on your trademark renewal application and prepare the relevant documents. Form ™-R would be required to file for trademark renewal to the registrar along with the requisite fees.
ConfirmationWe will keep you updated on the status of your application, within four to five months you will receive a confirmation that your trademark has been renewed for another ten (10) years.