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Is your trademark registration expiring? If so, you should immediately file a trademark renewal application and contact experts to securely renew your trademark in India.
Trademarks are graphically represented marks that help people identify the company or person who produced the goods and services. Trademark renewal is crucial, and every trademark owner can renew the trademark. Meanwhile, Trademark registration in India can be renewed every ten years. It is a vital requirement to ensure the continuation and validity of a trademark's legal significance after its registration has expired.
Subsequently, the application for trademark renewal must be submitted at least six months before the registered trademark expires. This is done by submitting the trademark renewal form TM 12 or TM-R form and the required filing fee before the trademark registration office. Trademark register offices are in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad.
Entrepreneurs and business owners need to remain vigilant about the ongoing validity and protection of trademarks. They should be aware of and understand the importance of trademark renewal to preserve and protect the reputation of their brands in the market.
Ten years is the limitation term for registered trademarks. A registered trademark grants the owner exclusive rights over the use of the trademark and is legally protected against third parties violating those rights. However, suppose the trademark holder does not renew the trademark within six months prior to its expiration. In that case, the concerned trademark Registrar will publicize his intention to withdraw the mark by advertising the notification preceding removing or deleting it from the trademark journal.
A trademark is a recognisable sign, phrase, or symbol that determines the service or product and legally differentiates it from all others of its kind in the market. It creates a specific identity for the company or businesses in the market, giving the trademark owner exclusive rights or ownership of the mark. Trademarks are one form of intellectual property and may or may not be registered.
A company or business with trademarks prevents others from using their brand name or logos without their permission. They also prohibit any marks that are likely to create confusion in the market with an already existing trademark. Some examples of trademarks are corporate logos, slogans, brands, and brand names.
Trademark registration in India can be renewed every ten years by the trademark owner at his liberty. Meanwhile, the trademark registrar provides a window of a six-month trademark renewal period before the end of the ten-year duration of the trademark in India to the trademark owner. Thus, the owner must renew the trademark within the stipulated time frame to enjoy or continue the trademark after the expiry.
On the other hand, if the trademark is not renewed, the registrar will issue an advertisement in the trademark journal with the intention of discarding or removing it.
Trademark renewal is vital because renewal ensures the continuity and validity of the existing trademark registration. A registered trademark provides the trademark holder or owner exclusive rights to use the marks in connection with the goods and services.
Thus, renewal safeguards these rights, strengthens the legal position of an owner, and prevents unauthorized use or infringement of the mark. A registered trademark serves as a powerful tool in litigation and enforcement action, facilitating favourable outcomes for trademark holders.
Consult experts for renewal of trademark in India and leave no scope for mistakes in the process.
According to section 25 of the Trade Marks Act of 1999, the trademark renewal provisions state that trademarks are registered initially for ten years and can be renewed every ten years by applying with the trademark registrar and the prescribed trademark renewal fees. The registrar is responsible for notifying the trademark owner before the date of expiration.
However, if a trademark owner does not pay the prescribed trademark renewal fees, the trademark may be removed from the register after an advertisement in the trademark journal. However, a removed trademark can be restored within one year of expiration by complying with the necessary conditions and trademark rules and the payment of the prescribed fees. Therefore, section 25 ensures that trademark registrations are regularly checked and updated by the concerned owner and provides a mechanism to restore the lapse of trademark renewal.
Section 157 of the Trademark Act, 1999 grants the Central Government the power or authority to make rules under this Act vide a notification in the official gazette. This power to make a rule may include a wide range of provisions, such as the forms to be used for any proceeding under this Act, the rule of sending the notice, the trademark renewal procedure in India, and various other matters that are required to be or may be prescribed.
Hence, this section ensures that the Central Government has complete authority to create detailed rules and regulations for implementing such an Act, with guidelines to effectively enforce the provisions of the Act.
There are many benefits of renewing a trademark. However, given below are some of the significant benefits or advantages of a trademark renewal:
Trademark registration gives the trademark owner many legal rights and protection. Renewing the Trademark means continuing the trademark registration, thus preventing trademark infringement and providing restitution in case of infringement occurs. It also permits the trademark owner a right to transfer the trademark to another person or company at their will. Trademark licensing is possible only if the trademark owner has obtained a trademark registration; the trademark registered has immense monetary value. Renewal of trademark registration ensures the owner retains the exclusive rights and protection of their brand's unique identity and reputation.Given below are the points to be taken care of on the due date for filing of trademark renewal application to avoid any extra charges:
The documents required for trademark renewal online, along with the trademark renewal form TM-12 that are to be submitted before the Registrar of Trademarks, are as follows:
The trademark renewal process in India consists of several steps to ensure the continuation and validity of the trademark registration. Given below is the list of steps to be followed for renewing the trademark registration in India:
An application trademark renewal form, TM 12 form or TM-R, must be filled out and submitted to the Trademark Registry. However, this form can be filled out by an applicant through an official portal of the Indian Patent Office, also known as an e-filing renewal trademark. Some of the mandatory details include trademark registration number, trademark registration status, and applicant contact information. Additionally, an applicant can appoint an agent to apply.
In this stage, the Registry will review and examine the trademark renewal application. It is the registry's responsibility to find potential conflicts and compliance with trademark laws and regulations. In case any irregularities are found, the registry will raise objections and seek clarification from the applicant. Such clarification shall be filed within a stipulated timeframe.
After the objection stage is completed, the registry will publish the trademark renewal details in the trademark journal for four months. This is the time when a third party can raise his opposition to the renewal application. An applicant must reply within the prescribed timeframe.
Lastly, after successful publishing in the trademark journal and resolving any opposition, the Trademark Registry will grant an applicant the renewal certificate. This certificate confirms the validity of the Trademark Registration certificate for the next ten years.
The trademark validity in India is for ten years and is granted by the Registrar of the Trademark Office. A trademark registration is followed by a trademark registration certificate issued to an owner, which shall be valid for the next ten years. The Registrar shall enter This trademark registration into the Register of Trademarks when issued. It provides an additional trademark renewal period of protection with trademark renewal to the trademark owner.
Subsequently, the same shall be renewed before the expiration of the trademark registration within the stipulated timeframe to continue and enjoy the legal rights and protections provided by the trademark registration. It is the sole responsibility of the trademark holder to decide if he wants to extend the trademark registration.
Every holder of the Trademark registration certificate in India can renew the trademark after its expiry. It also provides an additional trademark renewal period of protection with trademark renewal. The Trademark Renewal Policy India is as follows:
A trademark registration in India can be renewed every ten years from the date of registration. A trademark renewal form, Tm 12 or TM-R, must be filed with the Trademark Registry within six months prior to expiration, along with the prescribed fee. A grace trademark renewal period of six months is provided in case the applicant does not file a renewal application before the expiry date, along with additional charges.The list of forms required for the renewal of a trademark in India is as follows:
Form TM-R is an application form the registered trademark owner must complete. Form TM-18 is an affidavit form to be filled to support the case statement.According to trademark laws and regulations, the cost of trademark renewal in India is as follows:
The government official fee for filing trademark renewal on time is Rs.9000/-(Nine Thousand). The government official fee for filing trademark renewal within six months after the expiry of the last registration of the trademark, along with the surcharge, is Rs.9000/—(Nine Thousand) plus Rs.4500/—(Four Thousand). The government official fee for filing a request to restore a trademark removed from the register is Rs 9000/- (Nine Thousand) plus Rs.9000/- (Nine Thousand).At Entermark, we have a team of lawyers and compliance experts with decades of experience in assisting businesses in trademark renewal, registration and various other services related to trademarks. We help companies ease the complications of trademark compliance and regulations, ensuring a reduction in the chances of error. Given below are the reasons why businesses prefer us for trademark renewal-
Additionally, a cancelled mark can be restored within one year from the date of its expiry, with a restoration fee much higher than the normal renewal fee.
Suppose an applicant fails to renew within the deadline before the expiration of the trademark registration. In that case, a grace period of six months from the expiry date is provided under the Trademark Act, though such renewal in the grace period is attached with an additional fee. Subsequently, suppose the trademark is still not renewed within the grace trademark renewal period. In that case, the consequences of not renewing a trademark within the prescribed timeframe lead to the respective mark being cancelled.
Additionally, a cancelled mark can be restored within one year from the date of its expiry, with a restoration fee much higher than the normal renewal fee.
At Entermark, we have a team of lawyers and compliance experts with decades of experience in assisting businesses in trademark renewal, registration and various other services related to trademarks. We help companies ease the complications of trademark compliance and regulations, ensuring a reduction in the chances of error. Given below are the reasons why businesses prefer us for trademark renewal-
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