What is Trademark Renewal?
Trademark registrations are valid for 10 years and are perpetually renewable. It has to be renewed starting six months before the expiration date. Even if you overlooked it—which even big organisations frequently do—you will receive a reminder at your registered address prior to 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'. Actolegal provides the best Trademark renewal service.
Advantages of Trademark Renewal
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.
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.
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.
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 licenced 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.
Trademark Renewal Online
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.
How Actolegal Helps With The Process Of Trademark Renewal
As soon as you submit your information, a representative will get in touch with you to discuss the process and costs with you and find out more about your needs. There may be charges based on if you really need the trademark reinstated or renewed.
Government fees for renewal are ₹ 5000, while payments for restoration are ₹8000.
Renewal Request Form
Our attorneys will get to work and begin assembling the necessary paperwork. Along with renewal fees, a Form-10 or Form-12 must be submitted to the registrar.
We will keep you informed of the progress of your application, and you will get to know whether your trademark has been renewed for a further 10 years within four to five months.
Renewal Of A Trademark Is Necessary
Renewal of a trademark has various benefits. The holder of the trademark receives a number of legal rights after trademark registration. It guards against trademark infringement and offers compensation in the event that it does happen.
Additionally, it gives the trademark holder the freedom to assign the trademark at any time to another individual or business. Because trademark licensing is only possible if the mark's owner has registered it, a registered trademark has immense financial value.
Steps Involved in Renewal of Trademark in India
A trademark must be renewed after only ten years if it is registered. The registrar of trademarks may send a letter notifying you of the trademark's imminent expiration six months before it does. Two possibilities are available when renewing a trademark:
Continue using the trademark as is or make some Modification to the trademark renewal.
- To file a trademark renewal application, utilise the TM-R form.
- The application may be submitted by an authorized representative or agent rather than the trademark's registered owner.
- After submitting the application, one must monitor its status in case any resistance is brought against the registration of the trademark. This type of opposition may be filed by any member of the public.
- After the application is approved, the trademark will be published in the recognized journal, the Trademark Journal.
- A further ten years of protection are provided to the owner if the trademark has been published
- It is possible to renew a trademark indefinitely
- Whether a trademark renewal was done in person or online determines the cost of the renewal
- The trademark renewal fees in person is ₹10,000
- It costs ₹9,000 to file electronically if done so online.
Documents Required for Trademark Registration Renewal Online
- A duplicate of the registration document
- Copy of TM-A form (form used for the original form for registering the trademark)
- Proof of the applicant's identity and address
- The applicant may be given power of attorney if they are an authorized representative or agency.
- Bringing a Trademark Back
Sometimes people neglect to renew their trademarks within the allotted time frame. No need to worry; there is still a choice in such circumstances.One could then try to get it restored if the trademark is not renewed. The Trademark Act of 1999 permits restoration of a trademark under Section 25(4), which enables anyone to submit applications.
Restoration of a Trademark
For the renewal of a trademark, the following forms must be submitted with the appropriate fee.
- Notice that the Department of the Registrar of Trademarks is required to send
- The Department of the Registrar of Trademarks will notify the trademark owner six months prior to the renewal deadline. The trademark will be deleted from the Register of Trademarks if it is not renewed within the permitted time frame
- The Trademark may, however, be reinstated by submitting an application and the necessary price
- Time required to restore a trademark A trademark may be reinstated after six months but no later than one year from the date of the mark's last registration's expiration.