Introduction to trademark renewal
Registering a Trademark is not a one-time process. To maintain its legal standing and exclusive rights, trademark owners must ensure timely renewal. Trademark renewal refers to the process of extending the validity of a registered trademark beyond its initial period. In India, trademarks are registered for a period of ten years. To maintain protection and exclusivity, trademark owners must renew their trademarks before they expire. In this blog, we will go through each and every aspect of trademark renewal, making the process easier and smooth for you. So, why wait? Take control of your brand’s future and renew your trademark with ease today.
Trademark renewal timelines
When you register a trademark for your brand or product, it’s important to keep it protected and prevent any loss of rights. To ensure this, you need to renew your trademark within a specific timeframe.
The renewal process can be started within six months before the expiration date of your trademark. This means that if your trademark is set to expire on a certain date, you can initiate the renewal process as early as six months before that date.
Why is it important to be aware of these timelines? Well, renewing your trademark on time is crucial to maintain its legal protection. If you let your trademark expire without renewing it, you may lose your rights to it, and others may be able to use it freely, causing confusion and potentially harming your business.
By initiating the renewal process within the designated six-month period, you can ensure that your trademark remains protected without any interruptions. This way, you can continue to use your brand name or logo exclusively, distinguishing your products or services from others in the market.
Eligibility for trademark renewal
If you own a registered trademark in India, whether you are an individual, a company, or a legal entity, you can apply for renewal. It’s essential to understand that only trademarks that have been officially registered are eligible for renewal. Trademarks that are still in the process of being registered or are being examined by the authorities cannot be renewed until the registration process is fully completed.
Trademark renewal process
Fill out Form TM-R: To begin the Trademark Renewal process, you need to complete Form TM-R(application for trademark renewal). This form can be submitted online through the official Trademarks Registry website or in person at the appropriate Trademarks Office.
Pay the Renewal Fees: Along with the application form, you must pay the required renewal fees. The amount you need to pay depends on whether you file online or in person, as well as the number of categories or classes your trademark is registered under. It’s important to pay the fees on time to avoid penalties or complications.
Provide Supporting Documents: When submitting the application, you need to include the original registration certificate or a certified copy of it. If you choose to submit the application physically, you’ll also need to provide an extra copy of the original certificate for verification.
Verification and Approval: After you’ve submitted the application and paid the fees, the Trademarks Registry will review your renewal request. If everything meets the requirements, the registry will verify the application and issue a renewal certificate. This certificate confirms that your trademark’s validity has been extended.
Please note: You can file a trademark renewal application on your own. But, consulting an experienced trademark professional will help you deal with the process with ease.
Trademark renewal fees
The trademark registration renewal fees vary depending on the type of applicant and the number of classes for which the trademark is registered.
For Individuals/Startup/Small Enterprises/others
- The renewal fee of a trademark in a single class: ₹9,000.
Consequences of Late Renewal
1. Additional Fees: If you miss the initial renewal deadline for your trademark, don’t worry! There’s a grace period of six months during which you can still renew it. However, keep in mind that you’ll have to pay a late renewal fee during this grace period. So, it’s always better to renew on time to avoid these additional costs.
2. Loss of Rights: If, unfortunately, you don’t renew your trademark even within the grace period, it’s not good news. Your trademark will be removed from the register, which means you’ll lose your exclusive rights and legal protection over it. This can be quite serious because others may start using your brand name or logo freely, causing confusion in the market and potentially harming your business’s revenue and reputation.
3. Restoration: However, if the non-renewal was unintentional, there’s still a chance to bring your trademark back to life! You can restore a removed trademark within one year from the date it was removed. The process involves filing a restoration application and paying the required fees. Along with that, you’ll need to provide a detailed explanation for the delay in renewal. It’s important to note that restoration is only possible within this one-year window, so it’s crucial to act promptly if you find yourself in this situation.
Top 5 benefits of trademark renewal
Protection and Exclusivity: Trademark renewal ensures that your brand remains protected and exclusive in the marketplace, preventing others from copying or infringing upon your valuable intellectual property.
Enhanced Credibility: Renewing your trademark demonstrates your commitment to maintaining and protecting your brand, which increases customer trust, loyalty, and business opportunities.
Legal Enforcement and Deterrence: Renewing your trademark gives you the legal grounds to take action against anyone trying to use a similar mark or imitate your brand, helping you defend your brand and prevent infringement.
Competitive Advantage: A registered and renewed trademark sets your brand apart from competitors, establishing a unique identity and differentiating your products or services in the market, which can attract and retain customers.
Long-Term Asset Value: Trademark renewal protects your brand as a long-term asset with potential financial value, allowing you to leverage it through licensing, franchising, or even selling your business in the future.
The most common mistakes to avoid in trademark renewal
Missed Renewal Deadline: One of the most common mistakes is missing the renewal deadline for a trademark. To keep the trademark protection active, it is crucial to file for renewal before the expiration date. Many individuals or businesses overlook this deadline, resulting in the loss of their trademark rights. It is advisable to set a reminder to ensure timely renewal.
Inadequate Documentation: Another mistake is submitting incomplete or incorrect documentation during the renewal process. When renewing a trademark in India, certain documents need to be provided, including the renewal application form, the original registration certificate, and the prescribed fee. Failing to provide accurate information and documents can lead to delays or even rejection of the renewal application. It is important to carefully review the requirements and double-check all the documents before submission.
Lack of Monitoring: Neglecting to monitor trademarks after renewal is a common mistake. It’s vital to watch the market for infringements and unauthorized use. Take prompt action against infringements to protect trademark rights. Failure to monitor weakens enforceability and risks losing exclusive rights. Regular monitoring and addressing issues preserve trademark strength.
By being aware of these common mistakes and taking appropriate measures, trademark owners can ensure and maintain the protection and exclusivity of their brand.
How to Successfully renew a trademark?
- Maintain accurate records: Keep track of important dates, such as the renewal date, and maintain a record of all the documents related to your trademark registration. This will help you stay organized and ensure timely renewal.
- Renew well in advance: Avoid the last-minute rush by initiating the renewal process well in advance. Filing the renewal application early allows ample time for any potential issues to be resolved.
- Seek professional guidance: consider seeking professional assistance from an experienced trademark consultant. Being highly expert in the field, they can easily ensure you a successful trademark renewal.
FAQ
yes, it is possible to renew your trademark even after it has expired. However, there is a specific time period within which you must file the renewal application. Beyond this period, additional fees may apply, and the renewal process becomes more complicated.
No, the renewal process only extends the existing trademark registration. If you wish to make changes to your trademark, such as altering the design or adding new classes, you will need to file a separate application for a trademark amendment.
No, trademark registrations in India are initially valid for ten years from the date of registration. To maintain the validity, you must renew the registration every ten years.
Yes, you can authorize someone else, such as a trademark attorney/lawyer, to file the renewal application on your behalf. Ensure that you provide the necessary authorization and documentation to authorize them to act on your behalf.
If your renewal application is rejected, you may have the opportunity to rectify any deficiencies or appeal the decision. It is advisable to consult with a trademark attorney to explore your options and determine the best course of action.
