Trademark Renewal

Overview

A trademark is any distinctive name, symbol, design, number, label, colour scheme, or phrase that identifies a product or service and sets it apart from similar ones on the market.

In India, trademark registration is valid in perpetuity unless a request for renewal is filed with the Trademark Registry. Certain forms and payments must be submitted when applying for trademark renewal.

Once the registered owner submits the required paperwork and costs, the registry will renew the trademark registration and modify the trademark application status within a few weeks.

What is trademark renewal?

The rights a registered trademark can only exercise are preserved by trademark renewal. The owner will lose all the benefits of registration-based protection if they do not renew the trademark, which would result in its removal.

According to standard procedure, the registered owner is urged to renew the registered mark within a year of the expiration date of the current registration. The recommendation is to ensure that the owner of a registered trademark is spared the inconvenience of late brand renewal submission. 

The registrar notifies the trademark owner of the renewal deadline if no application for renewal of the trademark is submitted, and the notice is sent to the designated service address. Six months or less before the registration expires, the notification is sent. Remember that the trademark can only be removed from the register after the registrar has provided the owner with such notice or if no application is made.

Benefits of trademark renewal 

Defence against any pointless legal action

The periodic renewal of trademarks in India will prevent any potential for pointless litigation against the legally entitled owners of the trademarks. The renewal only allows the trademark’s authorized owner to assert any rights.

Make business opportunities

A trademark can be a valuable intangible asset if you want your business to succeed. Many companies can make enormous amounts of money in royalties through licensing agreements or even the transfer of ownership to interested or involved parties.

Financial Returns

The sole authority to transfer ownership of or provide a license for a trademark in India belongs to its registered owner. In exchange for payment to the legitimate owner of the registered trademark, a trademark assignment or license is granted to a third party. Hence, using the trademark registered in India, the owner may profit somehow.

Extends Ownership Rights

The applicant has been granted permission to seek protection from trademark infringement in India. Following each Trademark Renewal in India, the authorized owner’s exclusive rights over the registered trademark are extended for ten years.

The authenticity of the Brand Name

The Trademark Renewal in India guarantees the Brand Name’s unrestricted and ongoing protection from other market competitors. If the deadline to apply for renewal has passed, the Brand Name’s legal protection will no longer exist.

Checklist for trademark renewal

• Evidence of the applicant’s address
• The applicant’s PAN card
• A Power of Attorney signed by the Applicant’s Attorney
• The applicant submits the trademark registration application to the registry of trademarks.
• The Trademark Registry’s Certificate of Trademark Registration

Documents required for trademark renewal

• The decision to utilize it for commercial purposes should be reviewed to determine eligibility—copies of the corresponding Proof.
• The proprietor’s or owner’s prior ownership of a registered trademark. A duplicate of the registration document
• A power of attorney to speak on the applicant’s behalf
• A copy of Form TM-A, the application for registration of a trademark
• You need to conduct a Trademark Search of the well-known and authorized trademark database to ensure that no trademarks are comparable to yours.
• The applicant’s photo ID and address verification document
• Create a renewal application and obtain it, adhering to the necessary criteria.
• If there is a trademark problem, seeking legal advice on a workable solution would be wise. A copy of the evidence that a trademark is conflicted

Forms required for trademark renewal

The following forms must be submitted for renewing a trademark together with the applicable fees:

• Form TM- R – Form to be used by the registered proprietor when applying to renew a trademark registration.
• Form TM-18 – Supporting affidavit for the case statement.

Trademark renewal procedure 

Step 1: application submission

• First, the owner or the authorized agent must submit the TM-R application form, the necessary supporting documentation, and the required filing fee.
• If the owner submits the application within the grace period of six months following the expiration of the trademark, surcharge fees must also be paid in addition to the official renewal fees. 
• Since it takes months to complete the renewal process, the filing should be started six months before the expiration date. 
• However, the trademark registrar must provide a mandatory RG-3 notification to the owner 1-3 months before the expiration date to alert them to the impending expiration date. The notice is crucial, and the registrar will only have the authority to remove an expired trademark from the registers if the trademark office sends it.

Step 2: Checking the application’s status

• There are several time-bound actions that the applicant from the trademark register is required to complete, so the owner is expected to periodically check the progress of the application after submitting the application form. 
• Until the registry has completed the application procedure, including the formality checking of the application’s quality and other inspections, the ongoing status check process must be observed.

Step 3: publication in the Trademark Journal

• The trademark will be published in the Trademark Journal, an Official Gazette that lists accepted and rejected trademarks after the trademark registrar has finished examining the application and accepted it. 
• The general public, a third party, can also submit any trademark-related objections. If no objections are made after the allotted time has passed, the trademark will be added to the register of trademarks. 
• The publication of a trademark in the register signifies its renewal for a further ten years.