Overview of Trademark Renewal

All the trademarks need to be renewed in every ten years. To be exact if possible, at least six months before, the trademark renewal must be filed before the expiry of the registered trademark. The form for trademark renewal application must be prepared and filed before the cut-off date to enjoy the continuous protection of the trademark with no chances of litigation.

Consequently, the trademark renewal encompasses the term of the trademark by another ten years. This is done by filing TM-R with the prescribed fee of Rs. 4000. The mark becomes liable to be removed via trademark restoration. It becomes possible in case where a person fails to renew the trademark. Renewal is very crucial because it gives the importance of the trademark to a registered brand.

Preservation of Rights of a trademark

Preservation of those rights is only given to a registered mark. He/she shall lose all the protection that comes with the registration if the proprietor fails to renew the trademark. It is essential to note and remember that a registered trademark has the advantage of the legal presumption of ownership. It solely means that the burden of proof is on others to disprove and/or try your ownership.

What are the Benefits of Trademark Renewal?

• Legal Safeguard

  You can quickly establish your rights in court only if you believe your registered trademark has been infringed.

• Create a Unique Identity

  Registering your trademark is the first ever step toward ensuring your customer's satisfaction to identify your services or products with your brand. After that, the law will then prevent any similar words or slogans from being registered for any other goods or services.

• Create Business Chances

  If you want your brand to be succeeded, then a trademark is an intangible asset that can be immensely valuable. Many companies can earn huge money in royalties through licensing agreements or even transfer of ownership to interested or to be involved parties.

• Extension of Ownership Rights

  After the renewal of the trademark, over the brand name, one can benefit from violations of his/her rights over the ownership. It provides goodwill created by the brand and the permanent protection of your brand.

• Fewer Chances for Litigation

  It is possible to have seamless trademark protection without any chances of litigation if you abide by rules and renew your trademark on a timely basis. Other than the trademark owner, the renewal of trademarks makes it impossible for someone to claim rights over the registered mark.

• Security for Brand Name

  Renewal of trademark promises unhindered and continuous protection of the brand name and gives security. Disappointment and failure of renewal leads to a break of legal protection in Brand name.

• Monetary Returns

  In return for some monetary compensation, a trademark owner has the exclusive rights to license or assign the registered trademark to someone else. You should take note of it; as a result of this, one can profit from a trademark that is registered as well.

What is the Procedure for Trademark Renewal?

The proprietor must apply for renewal before the Registrar of the Trademark in a prescribed form [TM-R], on or before six months from the expiration date of the Trademark Registration. If no application for trademark renewal has been filed, it must be done in one to three months before the expiration of the registration.

After that, the Registrar must send a notice to the proprietor informing him of the upcoming renewal date. If a notice of renewal has not been served, you must keep in mind that no trademark can be removed. The proprietor has to pay trademark renewal fees as prescribed, along with the application for the renewal. Renewal can be done in two ways, those are:-

• Simple Renew the Trademark
• Renew the Trademark with changes/modification and alterations

• TM-R form to apply for the renewal of a trademark
• An authorized representative or agent can also make the application. It does not need to be filed by the registered owner of the Trademark itself. Trademark will be published in the official gazette of the Trademark Journal when the application is approved.
• If the renewal process is done physically, the filing for the renewal costs 10,000 rupees. And if done online via e-filing, it charges 9,000 rupees.
• Utilizing the requisite fees Form-18 is used to apply. The application is reviewed for excellence and quality, before it is finally approved for renewal.

• Status Check

  It is vital to check the renewal application status in regular interval until the Registrar processes it - after filing the application of a trademark renewal. The trademark renewal needs many time-bound actions or responses from the applicant. Therefore, it is important to take the required action until the registration and continually check the status of the application.

• Trademark Journal

  The Trademark Journal is known to be an official gazette of the office of the Trademark (Registrar). The Trademark is publicized in the Trademark Journal if the Trademark Examiner administers and affirms that the application is suitable. Third-parties have a chance to oppose the registration of the mark while the application is advertised.

• Trademark Expiration

  Here's still hope, as you can apply for a restoration if you don't apply for the renewal of the Trademark within 6 months after the date of expiry. You can apply for restoration by submitting an application and paying the prescribed fee Under Section 25(4) of the Trademark Act, 1999. Though, this can only be done within one year of the expiration of the registered Trademark.