Trademark Renewal: Know the Process, Advantages, and FAQs on Trademark Renewal Process in India

India is getting more and more popular as a trade and investment destination. As a result, the demand for Trademark Registration is increasing day by day. In this article information such as trademark renewal time-line, trademark renewal process, advantages of Trademark Renewal in India, and information on how much does it cost to renew a trademark is discussed.

Introduction

A Trademark is an intellectual property right that allows a company to protect its brand identity and name from being tarnished. They assist businesses in ensuring that their products are distinct from those of their competitors.

Ahmedabad, Delhi, Chennai, Mumbai, and Kolkata are the five Trademark Registry Offices in India. When a Trademark is registered, the owner receives particular rights to use the Trademark and is legally protected against anyone infringing on those rights. A ten-year limitation period applies to Registered Trademarks. If a Trademark is not utilized for five years, it may be canceled at another party’s request.

What is Trademark Renewal?

Every ten years, the trademark proprietor has the option to renew the trademark indefinitely. The Registrar allows the trademark holder a six-month opportunity before the end of the ten-year period to renew their trademark and continue to enjoy the rights granted. If a person fails to renew a trademark, the registrar will publish an advertisement in the Trademark Journal stating that the trademark will be removed.

If the trademark is not renewed after ten years, the person has the option of restoration, which is the same as renewal but with a fine.

Advantages of Trademark Renewal in India

• Make Business Opportunities prosper continuously

When you renew your Trademark on or before time, that can be quite useful if you want your business to prosper without any break.

A trademark is an intangible asset that can be quite useful if you want your business to prosper. Through licensing agreements or even the transfer of ownership to interested or involved parties, many companies can earn a lot of money in royalties.

• Returns on Investment

A trademark owner has the exclusive right to licence or assign the registered trademark to someone else in exchange for monetary consideration. You should be aware of this; as a result, you maybe able to profit from a trademark that has been registered.

• Make Your Own Personality

The first step toward ensuring your customers’ delight in identifying your services or products with your brand is to register your trademark. Following that, the legislation will prohibit the registration of any comparable terms or slogans for any other goods or services.

• Litigation Chances are Reduced

If you follow the requirements and renew your trademark on a regular basis, you can have continuous trademark protection without the risk of litigation. The renewal of trademarks makes it hard for anybody other than the trademark owner to claim rights to the registered mark. 

Documents needed for Trademark Renewal

• Existence of a registered trademark in the proprietor’s/possession owner’s (Copy of the Registration certificate)
• For eligibility, the determination and intention for commercial use should be reviewed (Copies of the Proof of same).
• You must conduct a Trademark Search of the well-known and licensed trademark database to ensure that there are no similar trademarks.
• Copy of Application form for trademark registration – Form TM-A Power of Attorney to represent the Applicant Address proof and Photo ID of the Applicant
• If there is a trademark conflict, it is prudent to seek legal advice for a viable solution. (Copy of the Conflicted Trademark Proof)
• Prepare and obtain a renewal application in order to meet the appropriate condition.

Trademark Renewal Process

Six months before the trademark expires, the registrar of trademarks will send you a letter reminding you of its expiration. Here the question arrives that ” How to renew a Trademark?” Do not worry, below is the process which guides you on the Trademark Renewal process in India.

Below are the 2 ways through which you can renew Trademark Every ten years, the trademark proprietor has the option to renew the trademark:

• Renew the trademark in its current form.

• Changes and revisions are made to the trademark in order to renew it.

1. The form TM 12 is used to apply for a trademark renewal.

2. The application does not have to be filed by the trademark’s registered owner; an authorised representative or agent might do it instead.

After filing the application, it is necessary to monitor its progress in case any resistance to the trademark’s registration is lodged. An objection can be filed by any member of the public.

• If the application is approved, the trademark will be published in the official journal, the Trademark Journal.

• The trademark can be renewed indefinitely.

• If the trademark has been published, the owner of the trademark receives an additional 10 years of protection.

• The cost of renewing a trademark depends on whether you did it in person or through an online portal.

Process in case of Trademark Restoration

It is possible that a person will neglect to renew their trademark within the specified time frame. In such circumstances, don’t worry; there is still an option. If a trademark is not renewed, it can be attempted to be restored. Restoration of a trademark is permitted under Section 25(4) of the Trademark Act of 1999, which allows individuals to apply for trademark restoration. Only within one year after the registered trademark has expired it can be restored. 

FAQs on Trademark Renewal in India 

1. How much does it cost to renew a Trademark?

The Trademark renewal fees vary depending on whether it was done in person or online. Below is the Trademark cost if it’s done physically or online:

• The renewal filing costs 10,000 INR if done physically.

• It costs 9,000 INR if done online using e-filing.

2. What happens if I fail to renew 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.

3. 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. 

4. 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).

5. 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 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).