EDITIONS

Procedure for Trademark Renewal in India

27th Sep 2018
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Trademark Renewal in India
Trademark Renewal in India, Image Source: PEXELS

Just like a machine if it is left out idle for too long it will not be treated as an asset for the company, it will act as a liability. So, in the same manner, if we do not renew our Trademark and it is left idle for a long time then it digests all the quality and benefits that are available in it.

Today, in this article we will tell you about the Procedure of Trademark Renewal, the importance, and the benefits the Trademark Renewal in India.

Trademark Registration is a type of intellectual property protection under which a word or visual symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business can be protected.

To register a trademark, a trademark application must be filed by the applicant with the relevant information in the prescribed format.

What is Trademark Renewal?

A trademark registration is valid for ten years and after that, it needs a renewal. Don’t worry if you forget to set an alarm for it you will receive a prior notice at the registered office regarding the renewal of your trademark. Usually, in loads of work, most of the times companies forget to renew it so as to minimize that the registrar sends a notice 6 months before the expiration of the trademark.

After the notice, if you will still not respond then the registrar sends you a statement in which it mentions that your trademark would be removed from the trademark Journal if it’s not get renewed on time. No doubt it is a lengthy process and takes at least 6-12 months after the expiration of the trademark but still why to take any chance as the process after expiration involves a good amount of fees.

What Is the Procedure of Trademark Renewal?

The Trademark Renewal can be done in two ways-

1.  You can apply renewal to change any sign or words in the already existing trademark or

2.  You can apply otherwise without a change in trademark

The procedure is as follows-

  • An application of renewal is made in form TM-R
  • The application can be filed by either registered owner of the trademark or an agent authorized by him
  • It is advisable if you take the help of any professional to file for renewal of a trademark so that your trademark is well protected.
  • Filing a renewal application for trademark gives your trademark wings for another 10 years without any disturbance and again you must renew your trademark again before expiry.
  • After filing the trademark renewal application, it is very important to check the status of your application periodically until it is processed by the registrar.
  • The Trademark Journal is an official gazette of the Trademark registry which governs the application status whether it is accepted or not if accepted then advertised in the Trademark Journal.

Therefore, when you go for renewal keep in mind that this process should begin 3 to 6 months before the expiry of the trademark. Ready you’re Form-18 with the requisite fees that need to be paid for the renewal.  Once you file the application, the application is reviewed for quality before it finally gets the permission for renewal.

What is the Procedure if the Renewal period gets expired?

Well if you forgot to renew your trademark in workload, then no worries you can still hope as you can apply for restoration.

Under section 25(4) of the Trademark Act, 1999 you can apply for restoration by submitting an application and paying the prescribed fee. However, this can be only be done within one year of the expiration of the trademark.

The registrar will see the cases keeping in mind the interest of the other parties don’t get infringed. After the filing of restoration the registrar will publish it in a journal and if there are no objections from the third party then the owner can get it back.

Frequently Asked Question on Trademark Renewal

1.  What are the benefits of Trademark Renewal?

After getting the registration in Trademark, your company will be benefited from getting infringed your trademark. The benefits are only being a continuation if the trademark renewed from time to time.

2.  What are the documents required for trademark Renewal?

  • A copy of the Registration Certificate
  • Power of Attorney 
  • An ID and Address Prof of the Applicant
  • Copy of TM-A

3.  What is the process if renewal of trademark after the expiry of the trademark registration?

If you forgot to file your trademark renewal, then you can still do the trademark renewal anytime within the period of 6 months after of the expiry of the previous period. Trademark renewal application can be filed with form TM-R with the prescribed renewal late fees. 


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