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Trademark Renewal

Trademark renewal extends the protection period of an existing trademark.

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Overview

Trademark Re-establishment Process

Trademark owners have the privilege of extending the validity of their trademark every decade. As the ten-year period approaches its end, the Registrar provides a six-month grace period, allowing the trademark holder to renew their mark and maintain its benefits. Failure to renew within this timeframe results in the Registrar announcing the removal of the trademark in the Trademark Journal.

Trademark Renewal Provision (Section 25)

As per the Trademarks Act of 1999, a registered trademark is eligible for renewal for an additional decade after the expiration of its initial registration or its latest renewal. To initiate the renewal process, the trademark owner must formally apply to the Registrar of Trademarks within the prescribed timeframe and adhere to the established guidelines. Upon submission of the application along with the requisite fee, the Registrar will proceed to extend the registration of the trademark for another ten years.

 

Deletion of Registered Trademark Due to Non-Renewal (Section 25)

Before a trademark’s registration expires, the Registrar must notify the trademark owner about the impending expiration and the terms for its renewal. The Registrar has the authority to remove the trademark from the register if these renewal requirements are not fulfilled within the allotted time frame.

However, the Act does allow a grace period of six months after the expiration date. During this window, the trademark owner can still renew their mark by settling a surcharge in addition to the regular renewal fee.

Moreover, in cases where a trademark has been delisted due to the non-settlement of the renewal charge, the trademark holder can request reinstatement within a year from the last registration’s end date. The Registrar can reinstate and renew the trademark upon receipt of this application and the required fee; however, there may be additional restrictions or conditions.

 

Methods of Renewing Your Trademark

Renewing a trademark can be done in two main ways:

  • Renew with alterations: During the renewal process, you can update signs or words in the current trademark by selecting this option.
  • Renew without alterations: This option permits the trademark to be extended without making any changes to its current text or design.

 

Documents Required for Trademark Renewal

When submitting the TM-12 renewal form to the Registrar of Trademarks (RoT) for renewing a registered trademark, the following documents must be provided:

  • A certified copy of the original certificate of trademark registration.
  • A certified copy of the TM-A form used throughout the initial trademark registration.
  • Identification proof of the applicant.
  • Residence proof of the applicant.
  • A Power of Attorney if the applicant is representing the trademark owner.

 

Deadline for Filing Trademark Renewal

  • A trademark renewal application needs to be submitted prior to the mark’s expiration. The application for renewal may be started as early as one year before the trademark’s expiration, although the actual deadline is six months prior to that date.
  • Assume that a trademark’s registration has expired since it was not renewed by the deadline. If so, renewal is still possible within six months of the expiration date, but it will cost extra on top of the regular government renewal fee.
  • If the trademark is not renewed before expiration or within the next six months (at an additional cost), the registration will be cancelled.

On the other hand, a trademark may be recovered in the case that it is cancelled. It is necessary to apply for reinstatement within six months of the cancellation.

 

Procedure for Trademark Renewal

Your trademark will be protected for a long time thanks to the comprehensive trademark renewal process. The following is an overview of the actions required and associated documentation:

  1. Step 1: Submitting the Application

    Complete Form TM-R and submit it to the Trademark Registry. Add information like this:

    • Number of trademark registrations
    • Current status of trademarks
    • Contact information of the applicant
  2. Step 2: Scrutiny as well as Review

    Renewal eligibility depends on the remaining validity of the trademark and compliance with renewal requirements. If any discrepancies are identified, the Registry will raise concerns, prompting the applicant to respond within a specified timeframe.

  3. Step 3: Announcement in the Trademark Journal

    After addressing any concerns, information about the renewed trademark is published in the Trademark Journal for a duration of 4 months. Third parties can raise objections during this period.

    If objections are raised, the applicant is required to respond promptly. If the matter remains unresolved, a hearing may be scheduled to clarify and resolve the issues.

  4. Step 4: Granting the Renewal Certificate

    Following the specified publication period and the amicable resolution of any potential disputes, the Registry issues the Trademark Renewal Certificate. This document confirms the renewed status of your trademark, extending its validity for another decade.

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FAQ’s

Renewing a trademark is crucial for maintaining the brand’s distinct identity in the market. Without renewal, the rights to the trademark may be forfeited, opening the possibility for others to use it without facing legal repercussions. Renewal safeguards the brand’s exclusivity, legal standing, and position in the market.

Trademark renewals are required every ten years. It’s essential to keep track of your trademark’s expiration date to prevent lapses in protection.
Yes, there is a six-month grace period following the initial ten-year validity during which the owner can still renew the trademark. This provides flexibility and serves as a safety net for trademark owners who might miss the initial deadline.
Failure to renew a trademark within this grace period will result in the Registrar announcing the trademark’s removal in the official Trademark Journal. This leads to a loss of all the rights and protections associated with that trademark.

Yes, owners have two options:

  • Renew with alterations: These permits updating or modifying parts of the current trademark during the renewal process.
  • Renew without alterations: This option extends the validity of the trademark without making any changes to it.

To initiate the renewal process, you must submit a formal application to the Registrar of Trademarks. This application must adhere to the established guidelines, be submitted within the specified time frame, and be accompanied by the required renewal fee.

Ideally, the renewal application should be initiated six months before the trademark’s expiration. While renewal can be done up to a year before expiration, aiming for the six-month mark offers a safety buffer.

Renewal offers several benefits, including:

  • Continuous legal protection against unauthorized use.
  • Ensuring the owner retains exclusive rights to the trademark, thereby preserving its unique market identity.
  • The ability to seek damages in cases of trademark infringements.
  • The option to transfer or license the trademark to third parties adds financial value.