Understanding the Trademark Renewal Process in India

India is rising leaps and bounds as a destination for trade. Trademarks also need to be updated every 10 years, so over the years, we can see an even greater leap in the overall trademarks that exist in India. The renewal of the trademark must ideally be filed before the expiry of the label. Six months ago at least, to be precise. The application form for the renewal of a trademark should be prepared and filed before the deadline in order to enjoy continuous protection of the trademark without any risk of litigation.

Understanding the Trademark Renewal Process in India

Introduction

India is rising leaps and bounds as a destination for trade. Trademarks also need to be updated every 10 years, so over the years, we can see an even greater leap in the overall trademarks that exist in India.

The renewal of the trademark must ideally be filed before the expiry of the label. Six months ago at least, to be precise. The application form for the renewal of a trademark should be prepared and filed before the deadline in order to enjoy continuous protection of the trademark without any risk of litigation.

For knowing the renewal process, one must know about what is Trademarks,and its benefits,

What is a Trademark, see the video below for getting your concept more clear about this - 

Video

 

See the video below for knowing the benefits of a Trademark?

 

Renewal Procedure for Trademark

Applications for Trademark Renewal may be submitted within six months of the expiry of registration or renewal. The Registrar shall, before the expiry of the last registration of a trademark, give notice to the registered trademark owner as a reminder of the expiry date and of the conditions for payment of the fees. If the registration is not obtained in compliance with the specified conditions, the registrar may delete the mark from the register of trademarks.

If the time limit for the application for renewal of a trademark is absent, it must be filed within six months after the expiry of the registration or renewal, as the case may be, along with the late filing charge, in the manner prescribed.

The renewal of a trademark will take place in two ways:

1. You may apply for renewal to change any sign or phrase in an existing trademark, or to change any sign or phrase in an existing trademark; or,

2. Renewal may be implemented without a modification.

An application for renewal shall be filed in the form TM-R The application can be filed either by a registered trademark owner or by an agent approved by the trademark owner.

It is recommended that you with the assistance of an expert apply for renewal of the trademark in order to ensure that your trademark is well protected. Filing a trademark registration application grants your trademark wings without any interruption for another 10 years and you must renew your trademark again before it expires.

It is very important to check the status of your application regularly after filing the trademark renewal application before it is processed by the registrar. The Trademark Journal is an official gazette of the Trademark Registry which regulates the status of the application, whether or not it is approved or not when it is accepted and then published in the Trademark Journal.

How to renew

After the entire registrar can only notify you very close to the last date of the expiry of the trademark and it will take a few months to complete the process

For the renewal process, an accessible form, Form-18, is required. The request should be followed by the appropriate fee to be paid in order to renew the trademark. The trademark renewal application is then checked for consistency until it is eventually renewed. The owner of the trademark is responsible for obtaining a certificate of renewal after the evaluations have been completed, thereby marking his continued ownership.

Restoration of Trademark

If the renewal period has expired and no application has been filed prior to the expiry of the period, then the proprietor can apply to restore the label. Such a request must, however, be made between 6 months and 1 year after the expiry date of such registration. To request restoration, the proprietor has to file a specified form [TM-13]. Upon receipt of applications for the renewal or restoration of a trademark, the Registrar shall, once again, advertise the trademark and invite complaints from individuals who have cause to believe that it should not be renewed or restored.

After the expiry of the specified waiting period, if no objection has been raised, the mark shall be registered in the registry of marks. The registration must show that the mark has been extended for a period of 10 years.


 

Failure to Renew the Trademark

You may apply for restitution under section 25(4) of the Trademark Act of 1999 by filing an application and paying the required fee. This can however be achieved only within one year of the expiry of the trademark. The registrar will see the cases that are not infringed, taking into account the interests of the other parties. The registrar can publish it in a journal after the filing of the restoration, and if there are no third-party objections, then the owner will get it back.

The Trademark Act is quite sympathetic to the woes of the proprietor and has therefore given another opportunity for the trademark to be renewed within 6 months of the expiry date of registration by means of the specified form [TM-10] and the payment of the surcharge.

Conclusion

Trademark registration is a kind of security of intellectual property in which any company uses a term or a visual symbol to help differentiate its products or services from those covered by other similar goods or services which may come from another business. If the trademark is extended, this advantage will continue.

A copy of the Registration Certificate, Power of Attorney, ID & Address Proof of the Applicant, and a copy of TM-1 are required for the filing of the application for renewal of the trademark.

The registration of a trademark is very different in terms of paperwork, method, the time needed, and renewal process fees. The renewal of the trademark takes place within 6 months of completing the ten-year term. It is fast and quick to manage.

To know more about, the trademark renewal process in India, see the video below-

 

 


 

BY -

Saumya Krishnani