In this blog, we will explain the intricate trademark renewal process, explore the wide range of benefits trademark renewal has to offer, delve into details of the costs involved, and shed light on the severe consequences which arise due to non-renewal of a trademark within time .
In the vast world of trademarks, where brands strive for legal recognition and protection, trademark renewal stands tall as the most crucial requirement. It ensures the continued vitality and legal significance of your trademark after its registration has expired.
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The Registration of a Trademark is valid for 10 Years from the date of application, that is, the effective date on which the first application for trademark registration was filed. Before the expiry of these 10 years, the concerned trademark needs to be renewed for its registration to continue. We have discussed the exact due dates for trademark renewal later in this blog. You must remember that with every renewal, the validity of a trademark’s registration extends for a period of another ten years, and there is no limit on the number of times you can renew your trademark.
Process of Trademark Renewal in India
The Process of Trademark Renewal in India involves several steps to ensure the continued protection of your trademark. Here is a simplified breakdown of the trademark renewal process along with the required documents:
Step 1: Application Filing
Submit a renewal application to the Trademark Registry in Form TM-R. Include the following details:
- Trademark registration number
- Current status of the trademark
- Applicant’s contact information
Step 2: Verification and Examination
The Registry will verify the application and examine the trademark for any potential conflicts. It will also assess the renewal eligibility based on the validity period of the trademark and compliance with renewal requirements. If a conflict is found, the registry will raise objections and seek clarifications from the applicant. The clarification must be filed within the prescribed time frame.
Step 3: Publication in Trademark Journal
Once the objections are settled, the trademark renewal details will be published in the Trademark Journal for a period of 4 months. This allows for any third-party opposition to the trademark. If an opposition is raised, the applicant will have to reply within the prescribed period or the department will call a show cause hearing to resolve the issue.
Step 4: Issuance of Renewal Certificate
Upon successful completion of the publication period and resolution of any opposition, the Registry will issue the Trademark Renewal Certificate. This certificate confirms the renewed validity of your trademark for the next 10 years.
| S.No | Documents Required for Trademark Renewal |
|---|---|
|
1. |
Renewal application in the prescribed format |
|
2. |
Trademark registration certificate |
|
3. |
Power of Attorney (if applicable) |
|
4. |
Supporting documents of applicant’s identity and address proofs |
Due Date for filing of Trademark Renewal
- The application for Trademark Renewal must be filed before its expiry.
- You may be able to file the trademark renewal application one year prior to the expiry of its registration.
- However, the exact due date is on or within six months prior to the date of expiry of its Registration.
- In case the registration of the trademark has lapsed as it was not renewed before its expiry, it can be renewed within six months after its expiry with an additional surcharge in government fee of trademark renewal.
- If the trademark application is not renewed, before its expiry or with additional fee within six months after the expiry date, then the trademark registration gets cancelled.
- A Cancelled trademark can be restored if an application is filed within six months of cancellation.
Cost of Trademark Renewal
The government fee for Trademark Renewal is Rs 10,000 (for offline filing) and Rs.9,000 for (for online filing) if the application for the renewal is filed before the expiry of the trademark. If the application is filed within 6 months after the expiry, the applicable surcharge over and above the renewal fees would be Rs.4,500 per class (for e-filing) and Rs.5,000 per class (for offline filing).
What will happen if I forget to file for Trademark Renewal?
If the trademark is not renewed within its due date then it can still be renewed within six months of grace period from the expiry of the registration. However, in that case, you have to pay an additional fee as discussed above. In case you miss renewing the trademark even within the grace period then the mark gets cancelled. A cancelled mark can be restored within one year from the date of its expiry with a restoration fee of Rs.9,000 (for e-filing) and Rs.10,000 (for offline filing) per class charged over and above the normal renewal fees.
Trademark Renewal Benefits
There are three significant benefits of having a trademark and continuously renewing it.
- The registered trademark provides legal protection of stopping anyone from copying the business identity by filing a suit of infringement and can also seek compensation for illegal usage of the brands.
- Trademarks are the most valuable intangible asset that a company can have. You may earn a substantial license fee once you acquire significant goodwill on your brand.
- The most important of all the benefits is the unique identity that your brand will bring to you. It is worth protecting and renewing.
Conclusion
In conclusion, trademark renewal in India is a vital step for brand owners to protect their legal rights and maintain the distinctiveness of their trademarks. By adhering to the overall requirements of trademark renewal process, including timely application filing and submission of required documents, brands can ensure ongoing protection for an additional 10-year period. Neglecting the trademark renewal process, however, can result in loss of legal safeguarding and vulnerability to infringement. Conversely, timely renewal offers benefits like legal recourse against infringement, licensing opportunities, and the preservation of a unique brand identity. By understanding and embracing trademark renewal process, brand owners can secure their intellectual property and thrive in a competitive market.
FAQs
To register a company
Yes, there is no limit to the number of times you can renew your trademark in India. As long as you continue to meet the renewal requirements and submit the necessary documents and fees, you can renew your trademark repeatedly for a period of 10 years at a time.
If you miss the renewal deadline for your trademark, there is a grace period of six months from the expiry date. During this period, you can still renew your trademark by paying additional fees. However, if you fail to renew even within the grace period, your trademark registration will be canceled, and you will lose its legal protection.
Yes, during the publication period in the Trademark Journal, third parties have an opportunity to oppose the renewal of your trademark. If an opposition is raised, you will have to respond to the opposition within the specified timeframe. Failure to address the opposition may result in the refusal or cancellation of the renewal.
While it is not mandatory to hire a trademark attorney, it is highly recommended to seek professional assistance. A trademark attorney can ensure that the renewal application is accurately filed, help address any objections or oppositions, and guide you through the complex trademark renewal process to maximize the chances of a successful renewal.
Yes, if your trademark registration has been canceled due to non-renewal and non-compliance with the trademark renewal process, you have a one-year window from the date of expiry to apply for restoration. To restore a canceled trademark, you need to file a restoration application along with the prescribed restoration fee which we have already discussed in the blog. It is important to note that restoration is only possible within this one-year period after cancellation.
