How Does The Trademark Renewal Process Work?

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What is Trademark Renewal?

Trademark registrations are valid for 10 years and are perpetually renewable. In this article, we will highlight on how does the trademark renewal process work in India. It has to be renewed starting six months before the expiration date. The registrar may publish a notice in the Trade Marks Journal announcing its intention to withdraw the trademark if you still do not submit a renewal application. However, this is most likely to occur within a year after the expiration date. Trademark registrations can be renewed between six and twelve months after they expire by paying a fee through a procedure known as ‘restoration’.

Advantages of Trademark Renewal

Legal Protection

You can easily establish your rights in court if you think someone has violated your registered trademark. In industries where trademark infringement is rife, trademark registration is crucial.

Business Possibility

Should your brand be successful, a trademark is an intangible asset that has the potential to be quite valuable. Think about brands like Tide, Nike, or McDonald’s. Businesses can make huge amounts of royalties through licensing agreements or even the sale of ownership to interested parties.

Distinct Identity

You would like clients to associate your brand with the goods or services you offer. Registering your trademark will provide you with the required uniqueness. The registration of any similar phrases or catchphrases would then be forbidden by law.

Renewal of a Trademark

Duration of a trademark renewal
  • According to rules 57 and 58 in the 2017 Trade Mark Rules, the renewal may be filed within a year before the date of expiration
  • The extension may be submitted no later than six months following the expiration date, in accordance with rules 63 and 64 of the Registered Trademark Rules of 2002.
  • Additionally, a renewal request may be submitted up to six months following the expiration date.
  • If a trademark is not renewed within six months of its expiration date, it will be deleted from the Register of Trademarks.

Forms

To renew a trademark, the following documents must be sent along with the necessary payment.

Form type Purpose of the Form Cost(physical filing) Cost(e- filing)
TM-R Form to be completed by the trademark owner when requesting to renew their registration ₹10,000 ₹9000
application for trademark registration renewal with a surcharge ₹5000 + Renewal fee ₹4500 + Renewal fee
TM-18 Supporting affidavit for the case statement

Checklist For Renewal Of A Trademark

  • The owner’s prior ownership of a registered trademark that is subject to renewal.
  • To determine eligibility, the intent for commercial usage should be examined
  • Make sure there are no trademarks that are similar by performing a complete research of the renowned and licensed trademark database
  • A legal opinion should be sought if there is a trademark conflict in order to find a workable solution
  • Obtain and prepare a renewal application, and then adhere to the necessary conditions.

Renewing a trademark

Alterations and adjustments to the authorized trademark’s symbol or emblem can be done following the process given below.

  • A TM-R application for renewal is submitted
  • The applicant may be either the trademark’s registered owner or a representative chosen by him
  • A trademark can be renewed for an additional 10 years by submitting a renewal application
  • After filing, it is essential to regularly check the status of your application until the registrar processes it so that the trademark can be renewed
  • The Trademark Journal, an official publication of the Trademark register, regulates the acceptance or denial of applications. The Trademark Journal publishes an advertisement if it is approved. Therefore, three to six months before the trademark’s expiration, the renewal process should get started
  • The application is submitted using Form-18 along with the required payments. The application is assessed for quality before being formally approved for renewal.

Visit our article on Benefits of copyright registration in India – Legal Updates to know about copyright registration and renewal process in India.

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