Overview of Trademark Renewal
All the trademarks need to be renewed in every ten years. To be exact if possible, at least six months before, the trademark renewal must be filed before the expiry of the registered trademark. The form for trademark renewal application must be prepared and filed before the cut-off date to enjoy the continuous protection of the trademark with no chances of litigation.
Consequently, the trademark renewal encompasses the term of the trademark by another ten years. This is done by filing TM-R with the prescribed fee of Rs. 4000. The mark becomes liable to be removed via trademark restoration. It becomes possible in case where a person fails to renew the trademark. Renewal is very crucial because it gives the importance of the trademark to a registered brand.
Preservation of Rights of a trademark
Preservation of those rights is only given to a registered mark. He/she shall lose all the protection that comes with the registration if the proprietor fails to renew the trademark. It is essential to note and remember that a registered trademark has the advantage of the legal presumption of ownership. It solely means that the burden of proof is on others to disprove and/or try your ownership.
What are the Benefits of Trademark Renewal?
- Legal Safeguard
You can quickly establish your rights in court only if you believe your registered trademark has been infringed.
- Create a Unique Identity
Registering your trademark is the first ever step toward ensuring your customer's satisfaction to identify your services or products with your brand. After that, the law will then prevent any similar words or slogans from being registered for any other goods or services.
- Create Business Chances
If you want your brand to be succeeded, then a trademark is an intangible asset that can be immensely valuable. Many companies can earn huge money in royalties through licensing agreements or even transfer of ownership to interested or to be involved parties.
- Extension of Ownership Rights
After the renewal of the trademark, over the brand name, one can benefit from violations of his/her rights over the ownership. It provides goodwill created by the brand and the permanent protection of your brand.
- Fewer Chances for Litigation
It is possible to have seamless trademark protection without any chances of litigation if you abide by rules and renew your trademark on a timely basis. Other than the trademark owner, the renewal of trademarks makes it impossible for someone to claim rights over the registered mark.
- Security for Brand Name
Renewal of trademark promises unhindered and continuous protection of the brand name and gives security. Disappointment and failure of renewal leads to a break of legal protection in Brand name.
- Monetary Returns
In return for some monetary compensation, a trademark owner has the exclusive rights to license or assign the registered trademark to someone else. You should take note of it; as a result of this, one can profit from a trademark that is registered as well.
What are the required documents For Trademark Renewal?
- Pre-existence of a registered trademark which is possessed by the proprietor/owner (Copy of the Registration certificate)
- The determination and intention for commercial use should be examined for eligibility (Copies of the Proof of same).
- You must make sure that there is no similar trademark by executing a Trademark Search of the well-known and licensed trademark database.
- Power of Attorney to represent the Applicant
- Address proof & Photo ID of the Applicant
- Copy of Application form for trademark registration – Form TM-A
- It is prudent to get a legal opinion for a feasible solution if there is a conflict of the trademark. (Copy of the Proof of Conflicted Trademark)
- Prepare and procure a renewal application and thereby comply with the suitable condition.
What is the Procedure for Trademark Renewal?
The proprietor must apply for renewal before the Registrar of the Trademark in a prescribed form [TM-R], on or before six months from the expiration date of the Trademark Registration. If no application for trademark renewal has been filed, it must be done in one to three months before the expiration of the registration.
After that, the Registrar must send a notice to the proprietor informing him of the upcoming renewal date. If a notice of renewal has not been served, you must keep in mind that no trademark can be removed. The proprietor has to pay trademark renewal fees as prescribed, along with the application for the renewal. Renewal can be done in two ways, those are:-
- Simple Renew the Trademark
- Renew the Trademark with changes/modification and alterations
- TM-R form to apply for the renewal of a trademark
- An authorized representative or agent can also make the application. It does not need to be filed by the registered owner of the Trademark itself. Trademark will be published in the official gazette of the Trademark Journal when the application is approved.
- If the renewal process is done physically, the filing for the renewal costs 10,000 rupees. And if done online via e-filing, it charges 9,000 rupees.
- Utilizing the requisite fees Form-18 is used to apply. The application is reviewed for excellence and quality, before it is finally approved for renewal.
- Status Check
It is vital to check the renewal application status in regular interval until the Registrar processes it - after filing the application of a trademark renewal. The trademark renewal needs many time-bound actions or responses from the applicant. Therefore, it is important to take the required action until the registration and continually check the status of the application.
- Trademark Journal
The Trademark Journal is known to be an official gazette of the office of the Trademark (Registrar). The Trademark is publicized in the Trademark Journal if the Trademark Examiner administers and affirms that the application is suitable. Third-parties have a chance to oppose the registration of the mark while the application is advertised.
- Trademark Expiration
Here's still hope, as you can apply for a restoration if you don't apply for the renewal of the Trademark within 6 months after the date of expiry. You can apply for restoration by submitting an application and paying the prescribed fee Under Section 25(4) of the Trademark Act, 1999. Though, this can only be done within one year of the expiration of the registered Trademark.
Arvisa Trademark Renewal Process
Trademark Renewal is a necessary step in terms of fundamentals in the existence of a registered Trademark. The Trademark Renewal application shall be prepared with careful consideration, and plenty of time should be allowed for all stages of the process. It is advisable that an attorney with 'Trademark experience' must be appointed to overwhelm many of the potential pitfalls that creep around within the Trademark Renewal application.
Arvisa suggest you that you should be in contact with a trademark advisor to understand the requirement in detail for Trademark Renewal. The basic information would be mandatory from your end to start the process. A legal representative will get in touch to find out more about your requirements as soon as you send us your details. They will explain the process and charges to you, which will depend on whether you need the Trademark renewed or restored.
Our lawyers will start preparing the relevant documents and working on your Trademark Renewal application. We shall keep you updated on the recent status of your application, and within 4 to 5 months, you will receive confirmation that Your Trademark has been renewed successfully for another ten years.
Arvisa is one of the platforms which coordinate to fulfill all your legal requirements and connect you to consistent professionals. Yes, our clients are pleased with our legal service! Because of our focus on simplifying legal requirements, they have consistently regarded us highly and providing regular updates.
Our clients can also track at all times the progress on our platform. If you have any questions about the Trademark Renewal process, our experienced legal advisors are just a phone call away. Arvisa will ensure that your communication with professionals is charming and seamless.
Short comes of failure to the renewal of trademark.
The short comes of not renewing the trademark are incredibly severe. The proprietor has paid no fee for renewal, or in case no application for renewal has been filed, the Registrar may remove the mark from the register. To remove in the trademark journal, the Registrar shall first advertise his intention to remove the mark by advertising the notice before removing the trademark.
Letting-down to renew affects all those who are either assigned or licensed the trademark, and not just the proprietor himself. Not renewing your trademark also affects your legal rights, which, in effect, declines your legal position. It is because; a registered trademark has the advantage of exclusiveness. Nevertheless, the core benefit of renewal is that it discourages other people from using your mark.
The Trademark Act is very understanding as well as sympathetic to the worries of the proprietor. Therefore, they get another chance to renew the trademark within six months by a filing prescribed form [TM-10] along with the additional charges.
Frequently Asked Questions
The trademark renewal encompasses the term of the Trademark by another ten years.
He/she shall lose all the protection that comes with the registration if the proprietor fails to renew the Trademark.
After the renewal of the Trademark, over the brand name, one can benefit from violations of rights over the ownership. It provides goodwill created by the brand and the permanent protection of your brand.
There is sequence of procedures attached for trademark renewal. To know more in depth, kindly refer to the text above mentioned.
In return for some monetary compensation, a trademark owner has the proprietary rights, to license, or assign the mark the registered Trademark to someone else. As a result of this, one can profit from a trademark that is registered as well.
There are a few essential and required list of documents needed for trademark renewal. To know more in depth, kindly refer to the text above mentioned.
The proprietor must apply for renewal before the Registrar of the Trademark in a prescribed form [TM-R] on or before six months from the trademark registration expiration date.
Renewal can be done in two ways, those are: - a) Simple Renew the Trademark and b) Renew the Trademark with changes/modification and alterations.
Utilizing the requisite fees, Form-18 is used to apply. The application is reviewed for excellence and quality before it is finally approved for renewal.
Yes, the Trademark must be publicized in the Trademark Journal if the Trademark Examiner administers that the application is suitable.
Restoration can be done if you don't apply for the renewal of the Trademark within six months after the expiry date. You can apply for 'restoration' by submitting an application and paying the prescribed fee Under Section 25(4) of the Trademark Act, 1999.
Yes. Arvisa suggests that you should contact a trademark advisor to understand the requirement in detail for Trademark Renewal.
We Ensure Complete Documentation, Application Processing, Handling Pre-requisite alterations, if any, Backing on Legal Demands if any and give100% Assurance for Successful Trademark Renewal Our lawyers will start preparing the relevant documents and working on your Trademark Renewal application. We shall keep you updated on the recent status of your application. Within 4 to 5 months, you will receive confirmation that Your Trademark has been renewed successfully for another ten years.
Letting-down to renew affects all those who are either assigned or licensed the Trademark and not just the proprietor. Not replacing your Trademark also affects your legal rights, which, in effect, declines your legal position.
Yes. The Trademark Act is very understanding as well as sympathetic to the worries of the proprietor. Therefore, after the date of the expiration of registration by a filing prescribed form [TM-10], they have provided another chance to renew the Trademark within six months by paying the additional charges.