Trademark renewal

Trademark Renewal means to extend the term period of trademark registration by filing TM-12 with the prescribed fee. We renew the trademark from time to time for an unlimited period. Trade Mark renewal term is for 10 years. Trademark can be renewed in India for an unlimited period, provided renewal fees are being paid on a timely basis.

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NATURE OF tRADEMARKS RENEWAL

Each Trademark renewal is valid for 10 years. If a person fails to renew the trademark, the mark becomes liable to remove. Therefore, renewal from time to time is very important, especially when a portfolio of Trademarks needs to be managed. There could be serious irreparable repercussions if one fails to meet the timeline.

Trademark Renewal requests can be filed within six months before the expiry of registration or renewal. Even before the expiry of the last registration of a trademark, the Registrar shall send the notice as a reminder to the registered trademark owner regarding expiration and the conditions as to the payment of fees and, if the registration has not been obtained as per the prescribed conditions, then the Registrar may remove the Trade Mark from the Trade Mark register.

Trademark renewal requests can also be filed within six months after the expiry of registration or renewal as the case may be in the prescribed manner along with late filing fees.

HOW TO RENEW A TRADEMAK ?

A registered trademark is only valid for 10 years, after which it needs to be renewed. The registrar of trademarks will send you a letter of reminder of the expiry of the trademark 6 months prior to its expiry. When you are going to renew a trademark you have two options:

Renew the trademark as it is
Renew the trademark with changes and alterations

The application for the renewal of a trademark is the form TM-R.
The application does not need to be filed by the registered owner of the trademark, it can be done by an authorised representative or an agent.

The price for the renewal of a trademark depends upon whether it has been one in-person physically or it has been done online.

If done physically the filing for the renewal costs 10,000 rupees
If done online via e-filing it costs 9,000 rupees

BENIFITS OF TRADEMARK RENEWAL

The benefits of Trademark Renewal in India are as follows:

Protection from any Frivolous Litigation- The time to time Trademark Renewal in India will save the possibility of any kind of frivolous Litigation on the authorized owners of the Trademark. The Renewal makes it impossible for any other person to claim the rights on the Trademark other than the authorized owner of the Trademark.
Security of the Brand Name- The Trademark Renewal in India will promise continuous and unhindered protection of the Brand Name from the other competitors in the market. There will be an actual loss of legal protection of the Brand Name if the time period to file for the application of Renewal has lapsed.
Ownership Rights Extension- The applicant is authorized to avail protection from the Infringement of Trademark in India. The Trademark Renewal in India extends the exclusive rights of the authorized owner over the registered Trademark for a time period of 10 years after each Trademark Renewal in India.
Monetary Returns- The owner of a registered Trademark in India has the exclusive rights to assign or license the Trademark to someone else. The Trademark assignment and license of a Trademark are given to someone else in return for some kind of monetary compensation to the authorized owner of the registered Trademark. The owner can thus, make a certain amount of profit from the registered Trademark in India.

DOCUMENT REQUIRED FOR TRADEMARK RENEWAL

To file the renewal application of a registered trademark, the applicant, along with the renewal application form TM-12, must submit the following documents to the Registrar of Trademarks (RoT):

Certified copy of the concerned trademark registration certificate.
Certified copy of the form TM-A used for the trademark registration application.
Proof of Identification of the applicant.
Proof of Residence of the applicant.
Power of Attorney if the applicant is an authorized representative of the trademark owner.

FAQs FOR TRADEMARK RENEWAL

Q1. How many times can you renew a trademark?

There’s no limit to the number of times you can renew your trademark. You can and should continue to renew your registration every 10 years, as long as you’re still using the trademark in commerce and in the ways described in your registration. With continued renewal, your trademark can conceivably last forever.

Q2. Why is trademark renewal important?

Trademark renewal ensures that all the rights related to the trademark get extended for a few more years. In case the owner fails to renew their mark once the validity expires, the trademark will no longer be valid. Therefore, the owner will not have any protection that comes with trademark registration.

Q3. Is trademark valid for 10 years?

All registered trade marks are valid for a period of 10 years from the date of application. At the end of its validity, a trade mark can be renewed easily by paying the Government fee for registration.

Q4. What are the documents required for trademark renewal?

Documents Required for Trademark Renewal

Copy of the registration certificate.
Power of Attorney.
An ID proof.
An address proof.
Copy of TM-A 3.
TM certificate.

Q5. What happens if you don’t renew your trademark?

Registering your trademark ensures you maintain exclusive rights to the mark. If you don’t renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership. Not to mention there are many costs associated with re-registering.

Q6. What is the grace period for trademark?

What is the grace period for trademark?

Yes, there is the grace period, which allows you to renew your trademark for a period of 6 months from its expiry date

Q7. What is the validity of a registered trademark?

The validity of a registered trademark is ten years from the date of issuance.