Trademark Renewal

Trademark Renewal

A trademark aids a company in differentiating its products or services from comparable products or services offered by another company. The Trade Marks Act of 1999 permits the registration of a trademark. India has five such trademark registration offices: Ahmedabad, Delhi, Mumbai, Kolkata, and Chennai. 

When a trademark is registered, its owner receives unique usage rights and legal protection from third parties violating those rights. Lawgical Adda is here to guide you through the Trademark Renewal process!

Trademark renewal: What is it?

If the trademark is not renewed, there are severe repercussions. If the trademark owner has not paid the renewal fee or submitted an application for renewal, the Registrar has the authority to remove the mark from the register. Before removing the mark from the trademark journal, the Registrar must first advertise his intention to withdraw the mark.

By renewing your trademark, you can keep your exclusive rights to use your brand name, logo, or slogan in India for an additional ten years. To prevent loss of protection and potential issues, the trademark registration renewal process must be started well in advance, ideally within six months of expiration.

Documents needed to renew a trademark

Along with completed paperwork, the applicant must submit certain papers to start the trademark renewal process. Among these required documents are:

1. A copy of the certificate of trademark registration.
2. A copy of the applicant's proof of address and picture ID.
3. A genuine copy of Form TM-A.

How may a registered trademark be renewed?

You may learn how to renew a registered trademark online in India by following these steps.

Step 1: Complete Form TM-R and send it to the Trademark Registry. You can submit this form online using the Indian Patent Office's [IPO] official website. You may also designate an authorized agent or representative to apply.

Step 2: The Trademark Registry will carefully examine your application to ensure it meets all requirements.

Step 3: If your application is accepted, the renewal will be publicized in the Trademark Journal.

Step 4: Following the successful publication and settlement of any opposition, the registry will receive a Trademark Renewal Certificate indicating the extension of your trademark protection for a further ten years.

Verification of the Trademark Renewal Status

After submitting the form, the owner should periodically check on the application's status. This is crucial because the applicant needs to work with the Trademark Registry to complete certain time-sensitive tasks.

Regular status checks should be carried out until the registry has finished the application procedure. This covers different tests and official evaluations of the application's quality.

Advantages of Renewing a Trademark

1. Create Your Own Persona: Registering your trademark is the first step towards ensuring that your clients can identify your products or services by using your brand. The regulation will, therefore, forbid the registration of any further terms or catchphrases for similar goods or services.
2. Create business opportunities: If you want your company to succeed, a trademark could be a highly helpful intangible asset. Many firms have the potential to earn significant sums of money in royalties through licensing agreements or even the transfer of ownership to interested or engaged parties.
3. Ownership Rights Are Increased: After the trademark for the brand name has been renewed, someone may profit from rights infringements. This provides continued brand protection and a favorable reputation for the brand.
4. Reduced Litigation Prospects: If you abide by the rules and renew your trademark on time, you can enjoy ongoing trademark protection free from the possibility of legal action. However, due to trademark renewals, anyone other than the trademark owner finds it difficult to claim ownership of the registered trademark in India.

Restoring the Trademark

Sometimes people neglect to renew their trademark within the allotted time. Don't worry, in these situations, there is still an alternative. If a trademark is not renewed, it may then be attempted to be restored. The Trademark Act, 1999 permits trademark restoration under Section 25(4), which enables individuals to file an application for trademark restoration.

Conclusion

Lawgical Adda suggests speaking with a trademark counsellor to fully understand the procedures for trademark renewal. Start the process by providing the required information. Following your submission, a legal representative will contact you to discuss your needs in further detail. They will explain the process and trademark renewal fees to you based on whether you need the trademark renewed or restored.

When the required documentation is prepared, our attorneys will begin working on your application for trademark renewal.