What is Trademark Renewal?
If you own a trademark in India, it's essential to keep it renewed to maintain its legal protection. Trademark renewal can seem daunting, but it's a relatively straightforward process that you can do online. In this article, we'll guide you through the steps involved in renewing your trademark in India, including the fees and requirements. Don't let your hard-earned brand protection expire – renew your trademark today!
Registered trademarks have a 10-year validity, and filing a trademark renewal application extends the protection by another 10 years. Further you can keep renewing the trademark every 10 years for lifetime.
A trademark renewal application must be filed before the expiry of the mark to enjoy seamless protection of the trademark without any chances of getting into litigation or getting it abandoned by the trademark registry.
You will have the option to file a trademark renewal application 6 months before the date of expiry. The trademark registration office sends a notice to the registered email address regarding the expiry before the 6 months is up. If by chance you miss the trademark renewal filing before the expiry of date, you may still renew the registered trademark with late fee anytime between 6 and 12 months after the expiry date; this process is called trademark restoration.
If you have not filled out the trademark renewal application even after 1 year of the expiry of the trademark, then in that case the Registrar may advertise its intention to remove the trademark in the Trade Marks Journal after 12 months after the expiry date.
Documents Required for Trademark Renewal
- 1. Logo/trademark in soft format
- 2. Old Certificate of trademark
- 3. Power of attorney-A letter is required on Rs. 100 stamp paper authorizing Legal Babu to file a trademark application on your behalf.
- 4. Board resolution: –It is required if the applicant is a company.
Why renew a trademark?
- Exclusive rights: Trade mark registration gives the owner the right to exclusive use of the mark in respect of the goods or services covered by it. A registration certificate is documentary evidence that clearly outlines the rights and validity of the registration. Registration of a trade mark is a powerful remedy against unauthorized use. A trade mark registration allows the owner to sue for infringement and obtain very powerful remedies such as interdicts, delivery of infringing articles, and damages.
- Brand identity: A trademark serves as a status symbol; a brand is built upon consistently providing a satisfying experience to customers with quality product and services. Branded products are often misused by others by providing cheap products or services that are deceptive to customers, eventually leading to a loss of trust among the customers. Therefore, it is extremely important to register a trademark. so that legal action can be initiated against unauthorized use. A registered trademark demonstrates that you take your business seriously.
- Protect: By registering a trademark gives you an exclusive right and protects your business from competitors. It helps to protect your hard earned goodwill in business. It prohibits anyone from using it without prior permission, and it gives the owner legal rights to sue and demand damages for the infringement if anyone uses it.
- Hypothecation: A registered trade mark is considered intangible property; it can be pledged as security to secure loan facilities in much the same way as immovable property can be bonded.
- Enforce: It is easier and cheaper to enforce your protection, it makes it much easier for you to take legal action against anyone who uses your trademark without your permission, and you can approach police to bring criminal charges against counterfeiters if they use your trade mark;
The use of ® symbol will also deter others from using it. However, using the ® symbol for a trade mark that is not registered is an offence.
- Add Value: A registered trademark creates an intangible asset which means you can sell it, franchise it or let third party have a license that allows them to use it
A trademark application can be filed under any of the following category:
- 1. Word mark (it includes one or more words, letters, numerals, or anything written in standard character),
- 2. Device mark (it includes any sticker, monogram, label, logo or any geometrical figure other than a word mark),
- 3. Colour (when the distinctiveness is claimed in the combination of colours with or without device),
- 4. Three-dimensional mark (it includes the shape or packaging of goods).
- 5. Sound
FAQS
Have questions about trademark renewal?
We have got you covered.
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When do I need to renew my trademark registration?
You must renew your trademark registration 6 months before the expiry of the 10th year following the trademark registration date, and each successive ten-year period thereafter. If you've missed the deadline by less than 6 months, you may pay an additional fee to file within the grace period. If you exceed the deadline by more than 12 months, your registration will be canceled.
- How long will it take for my trademark renewal application to be processed?
- What do I need to submit to renew my trademark?
- How many times can I renew my registration?
- Can I renew my trademark before its expiry date?
- What happens if I don't renew my trademark in India?
- Can I make changes to my trademark during the renewal process?
- Can I renew my trademark if there is a pending opposition or cancellation proceeding?
- Can I renew my trademark if it has been assigned or licensed to another party?
- Can I renew my trademark if I have changed my business name or address?
- Can I renew my trademark if it has been opposed by a third party?
- How do I know when my trademark is due for renewal?
- Can I renew my trademark if it has expired?
- Can I file a trademark renewal application after the expiry date?
- What is the penalty for late trademark renewal in India?
- Can I apply for trademark restoration if I have missed the renewal deadline?
- Can a trademark be restored after it has been removed from the register?
