7 min read
Overview of Trademark Renewal in India (Renew Every 10 Years)
A trademark is a unique mark, symbol, or label that helps customers identify your product and distinguish it from competitors. In India, trademark registration is valid for 10 years, and the trademark registration should be renewed every 10 years to keep it active. After each renewal cycle, you can continue to renew the mark whenever needed. The owner of a registered trademark can apply for renewal before the validity period expires. Renewing the trademark extends the owner’s rights for another ten years.
In India, the process of trademark renewal must begin at least six months before the expiration date of the applicant’s trademark registration. The timely trademark renewal assists the authorized owner of a registered trademark in keeping the trademark perpetual and permanent.
Therefore, trademark renewal in India can be done as many times and for as many years as the registered trademark owner wishes to keep the status active and registered. Moreover, trademark renewal preserves rights only available to a registered mark. If the proprietor fails to renew the trademark, he shall lose all the protection that comes with registration.
For example, a registered trademark has the benefit of the legal presumption of ownership. That means that the burden of proof is on others to try and disprove your ownership.
Procedure for Trademark Renewal
A registered trademark is valid for ten years and must be renewed before expiration. The Registrar of trademarks will send you a letter 6 months before the expiration of the trademark. When it comes to renewing a trademark, you have two options:
Renew the trademark as it is, or renew the trademark with changes and alterations
i) The application for the renewal of a trademark is the form TM-R.
ii) Along with the application for the renewal, the proprietor has to pay renewal fees of Rs.9000.
iii) The application must be made by the registered trademark owner or an authorized agent of the owner.
iv) Professional assistance is recommended when filing an application for trademark renewal in India. Professional assistance will ensure that the trademark renewal is completed with ease and hassle-free.
This procedure ensures that trademark owners maintain uninterrupted protection, as trademark registration in India must be renewed every 10 years to remain valid.
APPLICATION STATUS Check
– After filing an application for trademark renewal, it is essential to check the status of the application on a regular basis until the Registrar processes it.
– Trademark renewal in India may require various time-bound responses or actions from the applicant of the registered Trademark from time to time.
Publication in the Trademark Journal
The Trademark Journal is an Official Gazette in the Trademarks Registry that states whether or not the Registry has accepted a trademark renewal application.
If the renewal request filed is acceptable, then trade marks registration renewed for a period of ten years is advertised in the Trademark Journal.
Benefits of Trademark Renewal:
Trademark renewal provides numerous benefits. This is because trademark registration grants a unique position to goods and services, prevents infringement, and provides restitution in the event of an infringement. It allows the proprietor to freely transfer the trademark to another person or corporation. Only after the proprietor has registered the trademark is it possible to license it. In these circumstances, the registered trademark has unlimited monetary value.
Regular renewal is essential because in India, trademark registration should be renewed every 10 years to retain these legal and commercial advantages.
Some of the benefits of trademark renewal are listed below:
1. Protection from frivolous lawsuits
Trademark renewal in India on a regular basis will eliminate the possibility of frivolous litigation against the authorized owners of the trademark. The renewal makes it impossible for anyone other than the authorized owner of the trademark to claim its rights.
2. Brand Name Protection
Trademark renewal in India guarantees continuous and unhindered protection of the brand name from other market competitors. If the time period for filing an application for Renewal has passed, the brand name will lose its legal protection.
3. Extending Ownership Rights
The applicant is authorized to seek trademark infringement protection in India. The authorized owner’s exclusive rights over the registered Trademark are extended for a period of ten years following each trademark renewal in India.
4. Returns on Investment
The registered trademark owner in India has the sole right to assign or license the trademark to another person. A trademark assignment and license are given to someone else in exchange for monetary compensation to the authorized owner of the registered trademark. As a result, the owner can profit from the registered trademark in India.
Consequences of failure to renew the trademark
The consequences will be relentless if the trademark fails to renew. The Registrar will remove the mark from the register if no renewal application is filed or if the prescribed renewal fee is not paid. Before removing the mark, the Registrar will advertise the intention of removal in the Trademark Journal. Failure to renew the trademark affects the proprietor and the people who are assigned or licensed to use the trademark. It also weakens the trademark’s legal position.
A registered trademark has the benefit of exclusiveness. Trademark registration protects you from infringement claims. The most important benefit of renewal is that it deters other people from using your mark.
The Trademark Act is sympathetic to the woes of the proprietor. It provides another chance to renew the trademark within six months after the date of expiration. The proprietor can file the prescribed form and pay the surcharge to complete this renewal.
Restoration of Trademark
If the renewal period has lapsed and no application was filed before expiration, the proprietor can apply for restoration of the trademark. This application must be filed between six months and one year after the date of expiration. The proprietor must submit the prescribed form to request restoration.
After receiving the application to renew or restore the trademark, the Registrar will advertise the mark again. The purpose of this advertisement is to invite objections from anyone who believes that the trademark should not be renewed or restored. If no objections are raised within the stipulated time, the Registrar will enter the mark in the register. This entry will specify that the mark has been renewed for a period of ten years.
Duration to restore the trademark:
The registered trademark shall be restored after six months and within a year from the expiration date of the last registration of the mark.
i) Application for renewal along with surcharge or restoration and renewal of trademark shall be filed in Form TM-R;
ii) An Affidavit supporting the statement of the case can be filed in Form TM-R.
Compulsory Notice from the office of the registrar of trademark:
The Office of the Trademark Registrar will notify the proprietor about the deadline for trademark renewal. If the proprietor still fails to renew the trademark after receiving this notice, the trademark will be removed from the register. However, the trademark can be restored by filing the required application and paying the prescribed fees.
Conclusion
Trademark renewal in India is essential because trademark registration should be renewed every 10 years. Timely renewal keeps the mark active and protected. It also preserves exclusive rights and prevents legal issues. Missing the deadline may lead to removal from the register. The Act still allows a short period for restoration. By following the process and checking deadlines, proprietors can keep their trademarks valid and secure.
