Trademark Renewal

Trademarks are graphical symbols used to distinguish the source of goods or services and are legally registered under the Trademark Act of 1999 with one of India’s five trademark registry offices located in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad. When a trademark is registered, the holder gains exclusive rights to its use and protection against infringement by others. Registered trademarks have a validity period of ten years, and if not used for five consecutive years, they can be cancelled upon request from another party.

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    Trademark registrations remain valid for a period of 10 years and can be renewed indefinitely. The renewal process should be initiated six months prior to the expiration date. In case you overlook this, a reminder will be sent to your registered address before the expiration date, even though major organizations sometimes miss this too.

    If you still do not submit a trademark renewal application, the registrar may issue a notice in the Trademarks Journal, indicating their intention to withdraw the trademark. However, this is most likely to happen within a year after the expiration date.

    If you miss the initial trademark renewal window, you can still renew your trademark within a year after the expiry through a process called ‘restoration,’ which involves an additional fee.

    A registered trademark is valid for ten years and must be renewed afterward. The Registrar of Trademarks sends a reminder letter six months before the trademark’s expiry. When renewing a trademark, there are two options:

    1. Renew the trademark without changes.
    2. Renew the trademark with modifications.

    The application for trademark renewal is Form TM-R, and it can be filed by an authorized representative or agent, not necessarily the registered owner. The application’s status must be monitored in case of opposition by the public. If the application is approved, the trademark is published in the official gazette, the Trademark Journal, and protection is extended for another ten years. Trademarks can be renewed indefinitely.

    The trademark renewal cost depends on whether it is done physically or online:

    • Trademark renewal physical filing: 10,000 rupees
    • Trademark renewal online filing (e-filing): 9,000 rupees

    Required documents for trademark renewal include a copy of the registration certificate, a copy of Form TM-A (used for the original trademark registration), ID and address proof of the applicant, and a power of attorney if an authorized representative or agent is handling the process.

    Duration for Renewing a Trademark

    As per Rules 57 and 58 of the 2017 Trademark Rules:

    1. Renewal can be filed up to a year before the expiration date.
    2. Extension can be submitted up to six months after the expiration date, following Rules 63 and 64 of the Registered Trademark Rules of 2002.
    3. Additionally, a renewal request can be filed up to six months after the expiration date.

    Failure to renew a trademark within six months of its expiration will result in its removal from the Register of Trademarks.

    Checklist for Trademark Renewal

    Ownership of a registered trademark eligible for renewal.
    Examination of commercial intent to ascertain eligibility.
    Thorough research in the renowned and licensed trademark database to identify any similar trademarks.
    In case of trademark conflicts, seek legal advice to find a solution.
    Obtain and prepare a renewal application and adhere to the necessary requirements.

    Documents Required for Trademark Renewal online

    A copy of the registration certificate.
    A copy of the TM-A form (used for the original trademark registration).
    Proof of the applicant’s identity and address.
    A power of attorney if the applicant is an authorized representative or agency.

    Restoration of a Trademark

    In cases where a trademark is not renewed within the stipulated time frame, there is still an option available. One can attempt to restore the trademark if it lapses. The Trademark Act of 1999 allows for the restoration of a trademark under Section 25(4), permitting applications to be submitted.

    Steps forTrademark Renewal in India

    Trademark Search:

    Prior to renewing a trademark, it is essential to ensure that there are no similar or identical marks already registered or applied for registration. This can be done through the Indian Trademark Office’s website.

    Application for Renewal:

    The trademark renewal application can be filed with an additional fee either six months before the trademark’s expiry or within six months after its expiry. The application can be filed directly at the Trademark Office or online via the Indian Trademark Office website.

    Application Review:

    The Trademark Office reviews the renewal application to ensure all required information is provided.

    Publication in Trademark Journal:

    After the review, the trademark is published in the Trademark Journal.

    Opposition Period:

    Third parties have four months from the date of publication in the Trademark Journal to oppose the trademark’s renewal.

    Renewal Certificate:

    If there is no opposition or if the opposition is in favor of the trademark owner, the Trademark Office issues a renewal certificate.

    Payment of Fees:

    The renewal process is completed by paying the required fees, which can be done either directly at the Trademark Office or electronically through the Indian Trademark Office website.

    Advantages of Trademark Renewal

    Legal Protection: Registered trademarks provide a strong legal basis for asserting your rights in case of trademark infringement, especially in industries where such infringements are common.
    Business Opportunity: A trademark can become a valuable intangible asset if your brand gains popularity. Brands like Tide, Nike, and McDonald’s generate substantial royalties through licensing agreements or even selling ownership stakes.
    Distinct Identity: Registering your trademark ensures that customers associate your brand exclusively with the goods or services you offer, prohibiting the use of similar phrases or catchphrases by law.

    At Sadique and Ameen Associates, we specialize in trademark renewal services in India. Trademarks are essential for brand protection, and we facilitate their renewal to ensure ongoing legal security. Trademarks can be registered for ten years and renewed indefinitely under the Trademark Act of 1999. Our team manages the renewal process efficiently, emphasizing timely renewal and any necessary modifications. We provide the expertise needed to preserve your brand’s identity and prevent infringement, making sure your brand remains protected for the long term.