What is Trademark Renewal?
A trademark is only valid for ten years after it is registered. After that, it can be renewed on a regular basis. Trademark renewal protects the rights that can only be obtained through a registered mark.
Documents required for Trademark Renewal
TM- Renewal requires the following papers and forms:
Form TM-R to be filed along with Government fees
If the applicant is an authorized representative or agent, a Power of Attorney is required.
Forms-
For renewing a trademark along with the allotted fees the following forms must also be provided.
| Form | Purpose | Cost(physical filing) | Cost(e Filing) |
|---|
TM- R | Application form for renewal of a registered trademark to be used by the registered proprietor. | Rs. 10,000 | Rs,9000 |
TM- R | Application for renewal with a surcharge of registration of a Trademark after the expiration of the registered trademark but within a period of 6 months. | Rs. 5000+ Renewal fee | Rs. 4500+ Renewal fee |
TM- R | Application for renewal with surcharge and restoration of registration of a Trademark after the expiration of the registered trademark but within a period of 1 year. |
Rs. 5000+ Renewal fee + surcharge fee
|
Rs. 4500+ Renewal fee+ surcharge fee
|
Trademark Renewal Procedure Online
To renew an expired trademark, either the owner or an authorized agent on their behalf can complete all of the stages outlined in the protocol below:
Filing of application
- First, the owner or authorized representative must submit the TM-R application form, along with the above-mentioned documentation and the required costs. Here is a link to a thorough protocol for filling out the TM-R Form.
- If the owner files the application within the 6-month buffer period following the trademark’s expiration, additional surcharge fees, as indicated above, must be paid in addition to the renewal official fees.
- If the owner files the application within the 1 year buffer period following the trademark’s expiration, additional surcharge + restoration fees, as indicated above, must be paid in addition to the renewal official fees.
- The filing should begin 1 year prior to the expiration date, as the renewal process can take 1-2 months to complete.
- However, 3-6 months before to the expiration date, the trademark registrar must issue a mandatory RG – 3 notification to the proprietor informing the Applicant of the impending expiration date. The aforementioned notice is mandatory, and if the trademark office fails to send it, the registrar would be unable to strike the expired trademark from the registers.
Need for renewal of Trademark
Trademark renewal provides the owner with specific benefits, which is the primary purpose of trademarks. The following are some of the benefits:
- The renewal of a trademark, like any other registered trademark, extends the time limit for the protection of trademark rights. The owner has the right to defend oneself against frivolous lawsuits brought by competitors.
- Renewal of trademarks ensures that the brand names of a variety of enterprises are protected from any harm in the future. As a result, the renewal method functions as a safeguard for the company’s brand value.
- The owner of a trademark becomes eligible to file for any future trademark infringement proceedings and seek the underlying remedies when the trademark is renewed.
- In addition, the registered trademark gives the owner the possibility to benefit. In exchange for a monetary payment, the owner has the right to assign the trademark licence to someone else.
- Renewal of trademarks ensures that the brand names of a variety of enterprises are protected from any harm in the future. As a result, the renewal method functions as a safeguard for the company’s brand value.
- The owner of a trademark becomes eligible to file for any future trademark infringement proceedings and seek the underlying remedies when the trademark is renewed.
- In addition, the registered trademark gives the owner the possibility to benefit. In exchange for a monetary payment, the owner has the right to assign the trademark licence to someone else.
Duration to renew a Trademark
Every ten years, the trademark proprietor has the option to renew the trademark indefinitely. According to rules 57 and 58 of the Trade Mark Rules 2017, a renewal can be submitted within one year before the date of expiry.
What is the difference between trademark registration and trademark renewal?
Under the Trademark Act of India, trademark registration is an intellectual property registration. For a period of ten years, trademark registration provides ownership of intellectual property, exclusive rights to use the registered trademark, and legal protection in the event of trademark infringement.
When a trademark registration expires after ten years, it can be renewed in compliance with the rules.
Frequently Asked Questions: Trademark Renewal Online
Can trademark be renewed online?
You can file for renewal with the option of changing any words or signs in your current trademark, or you can apply for trademark renewal online without changing anything.
What happens if trademark is not renewed?
If a person fails to renew a trademark, the registrar will publish an advertisement in the Trademark Journal stating that the trademark will be removed. If the trademark is not renewed after ten years, the person has the option of restoration, which is the same as renewal but with a fine.
What if the trademark expires?
Even though a trademark has expired in India, it is possible to re-register it. If someone else follows the authorized procedure for registering an expired trademark, the owner of the expired trademark might raise objections with the registry, tribunal, or appropriate forum.
Why restoration is required?
The process of re-registering a trademark in the trademark register after the trademark renewal deadline has past is known as trademark restoration.
Is the trademark valid outside India?
A trademark filed in India is not valid internationally because trademarks are given on a territorial basis. Normally, you’d have to file a separate trademark application in each nation where you want to protect your brand.
A trademark that originates in India, on the other hand, can be protected globally through International Trademark Registration. The Madrid Protocol, an international mechanism for securing trade mark protection for a number of countries and/or regions utilizing a single application, is used to register an International Trademark.
What is the time period of renewal?
In India, the validity of the trademarks is set to be for a period of 10 years from the Date of its application. After the 10-year period, the trademark has to be renewed to maintain its validity. Trademarks can be renewed anytime within 12 months before the expiry of the trademark registration and once a mark is expired then there is additional period of 1 year to restore the Registration by paying prescribed surcharge.
For more information on Trademark Renewal Online please write to us at: info@markshield.in