Trademark Renewal

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When a trademark is registered, the owner of the trademark receives unique rights to use it and is legally protected from others infringing on those rights. A ten-year limitation period applies to registered trademarks. If a trademark is not utilized for five years, it may be revoked at another party's request. So let’s discuss the renewal process for the same.

What is Trademark Renewal in India?

Trademarks are graphically depicted markings that aid in identifying the firm or individual who created the products or services. These trademarks can be registered with the Trademark Registry Offices under the Trademark Act of 1999. Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad are the five trademark registry offices in India. After every 10 years, the trademark proprietor has the option to renew the trademark otherwise the trademark holder will not have trademark ownership of his existing mark. 

The Registrar gives trademark holders a six-month opportunity before the expiration of the trademark to renew the trademark. If a person fails to renew a trademark, the registrar will publish an advertisement in the Trademark Journal stating that the trademark will be removed. If the trademark is not renewed after ten years, the individual has the option of restoration, which is the same as a renewal but with a fine.

What is the Procedure for Trademark Renewal?
  1. If the individual is a registered proprietor, he must submit Form TM-R to obtain trademark renewal. The individual may apply by itself or any other authorized agent may complete the process to avoid any risk.

  2. In support of the statement, the form TM-18 must be provided together with an affidavit. If a person decides to pursue physical filing, he must pay a trademark renewal cost of Rs 10,000. The trademark renewal charge is Rs 9000 for those renewing their trademarks online.

  3. After that, the application will be evaluated for errors. The Trademark Registrar will issue a certificate of renewal in the name of the trademark owner once the requirements are fulfilled.

When it comes to renewing a trademark, the trademark owner has two options, renewal of the trademark in its current form or renewal of the trademark with revisions and modifications to the form TM-R is used to apply for trademark renewal. 

The following information is needed to renew a trademark:
  • A copy of the certificate of registration.

  • Form TM-A (copy) which is used for the original application for registering the trademark

  • Proof of the applicant's identity and address

  • If the applicant is a legal representative or agent, a power of attorney is required.

 What are the advantages of trademark renewal? 
  • It prohibits trademark infringement and provides for compensation from other parties in the event of such a violation.

  • It also gives the trademark holder the ability to freely transfer or assign the trademark to another person or entity.

  • Trademark licensing is only possible if the trademark proprietor has registered the trademark, hence a registered trademark has a high monetary worth.

What are the Disadvantages of TM Renewal?

  • The owner needs to show proof of use at regular intervals.
  • Failure to show proof on time-related to the trademark, lead to the loss of trademark registration rights.
  • Sometimes it is considered that trademark is the weakest form of intellectual property because it only protects the marketing concept and not the product itself.

What is trademark restoration in India?

A person may forget to renew their trademark within the specified time frame. In such circumstances, there is still an alternative. If a trademark is not renewed, it might be attempted to be restored. Restoration of a trademark is enabled by Section 25 (4) of the Trademark Act of 1999, which permits anyone to apply for trademark restoration. Only one year after the registered trademark has expired it can be restored. The cost of restoring a trademark is in addition to the renewal fee:

  • If done physically, a person needs to pay Rs.10,000

  • If filed online Rs. 9000 needs to be submitted to the authority.

Trademark registration is becoming increasingly popular. Every ten years, trademarks must be renewed. The trademark renewal should be submitted as soon as possible after the mark's expiration date. To enjoy continued trademark protection without the risk of a lawsuit, the trademark renewal application form should be created and filed before the deadline.


Required Documents

Acceptable DocumentDocument TypeAdditional Details
TM-R Form--

FAQs

You Ask, We Answer

If you want rights to an abandoned trademark, the best action is to obtain a federal registration with the USPTO (United State Patent and Trademark Office). You can do this by filing an online application on the USPTO's website, which includes your contact information, a drawing of your mark, a description of the associated goods or services and a filing fee.
The term of a federal trademark is 10 years, with 10-year renewal terms.
Yes after every 10 Year trademark Renewal is necessary. In other terms, you can keep your trademark registered for as long as it is kept in use, but you must renew it every 10 years.
A dead trademark is a trademark that was once registered or applied for and that the Patent and Trademark Office doesn't recognize anymore.
You cannot easily get again your trademark registration. Once it's abandoned, it cannot be revived.

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