Why Renew a Trademark?

Last Updated at: April 18, 2020
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Why to renew a trademark (1)

A trademark helps businesses and companies protect their brand image. It essentially acts as a protective measure against people stealing your logo, brand name or brand image. Therefore, anyone who has run a business or company knows how important it is to have a valid trademark. However, it is also equally important to make sure that the mark you have is legally valid. Since every trademark has a period of validity, renewing them is of the utmost importance. Are you still unsure about how to do that or why it is essential? Here’s a look at why trademark renewal is necessary and how you can do it quickly!

  1. What is a Trademark?

  2. What is Trademark Renewal?

  3. Procedure for Trademark Renewal

  4. What happens if you do not renew your trademark

  5. Restoration of Trademark

 

What is a Trademark?

A trademark works as a formal business name, logo or umbrella term that includes both your business name and logo. Essentially, this trademark helps customers differentiate between products and services. Furthermore, it also protects your company’s products or services from plagiarism and compromisation. Therefore trademarks work like intellectual property protectors which help you ensure that your brand stays yours.

Trademarks contain symbols, names, logos, color combinations, and phrases. These marks are represented by adding an R at the end. All of such registration and branding occurs under the Trade Marks Act, 1999. Furthermore, a trademark that is offensive, non-unique or containing government symbols cannot be registered in India, under this Act. Also, in March 2017, the government brought in the Trade Mark Rules, 2017, to streamline the application process. This has also helped to set benchmarks with regards to filing trademark applications, as it promotes the e-filing of trademarks.

Renew your trademark now 

What is Trademark Renewal?

A trademark registration remains valid only for ten years. Beyond this, if you want to have a legally binding trademark, you need to renew the trademark. The trademark renewal ensures that all the rights related to the trademark get extended for a few more years. In case the owner fails to renew his or her mark, once the validity expires, the trademark will no longer be valid. Therefore, the owner will not have any protection that comes with the trademark registration.

Procedure for Trademark Renewal

  1. The owner must apply to renew the trademark, through Form TM-12
  2. This form must be submitted before 6 months from the expiry date of the trademark registration.
  3. In case no application is filed within 3 months of expiry, the Registrar will serve a notice regarding the same.
  4. Remember that if this notice is not sent to you, then your registration cannot be removed.
  5. Along with Form ™-12, the owner must also pay the renewal fees that apply to them.
  6. If you file the form but do not pay the fees, your registration may be removed.

What happens if you do not renew your trademark?

  1. Not renewing your trademark has severe consequences.
  2. In case you do not apply, the registration may be removed
  3. Furthermore, in case you submit the form, but do not pay the fees, your listing may be removed
  4. However, before removing the registration, the Registrar will advertise this intention in the Trademark Journal, so that you get another chance to renew your trademark
  5. If you fail to renew the mark, it is not just the owner who will get affected, but also everyone who has either been assigned or licensed the trademark
  6. It will negate all the legal rights the proprietors have
  7. It also substantially weakens the owner’s legal position
  8. Removes the benefit of exclusivity
  9. Eliminates protection from infringement claims
  10. You will lose the power that deters others from using your trademark
  11. Since the Registrar knows how vital the trademark is, they allow you to renew the mark, for up to 6 months after your registration’s expiry date
  12. To do so, the applicant must file form TM-10 and pay the required surcharge.

Restoration of Trademark

In case the renewal period of the trademark lapses, and you fail to file ™-12, owners have the option of going in for trademark restoration. This is the process that is used when the renewal period ends. Restoration of the trademark can happen from within 6 months to one year after the date of the expiry of the registration. To restore a trademark, the owner must file Form TM-13. Once the Registrar receives such a request, they will advertise the mark, to prove that no other company has started using it. Once the advertising is done, and they are sure no one objects to the trademark being restored, the mark will be re-registered into the Register of Trademarks. This restoration will keep the trademark active and valid for another 10 years. 

 

 

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Why Renew a Trademark?

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A trademark helps businesses and companies protect their brand image. It essentially acts as a protective measure against people stealing your logo, brand name or brand image. Therefore, anyone who has run a business or company knows how important it is to have a valid trademark. However, it is also equally important to make sure that the mark you have is legally valid. Since every trademark has a period of validity, renewing them is of the utmost importance. Are you still unsure about how to do that or why it is essential? Here’s a look at why trademark renewal is necessary and how you can do it quickly!

  1. What is a Trademark?

  2. What is Trademark Renewal?

  3. Procedure for Trademark Renewal

  4. What happens if you do not renew your trademark

  5. Restoration of Trademark

 

What is a Trademark?

A trademark works as a formal business name, logo or umbrella term that includes both your business name and logo. Essentially, this trademark helps customers differentiate between products and services. Furthermore, it also protects your company’s products or services from plagiarism and compromisation. Therefore trademarks work like intellectual property protectors which help you ensure that your brand stays yours.

Trademarks contain symbols, names, logos, color combinations, and phrases. These marks are represented by adding an R at the end. All of such registration and branding occurs under the Trade Marks Act, 1999. Furthermore, a trademark that is offensive, non-unique or containing government symbols cannot be registered in India, under this Act. Also, in March 2017, the government brought in the Trade Mark Rules, 2017, to streamline the application process. This has also helped to set benchmarks with regards to filing trademark applications, as it promotes the e-filing of trademarks.

Renew your trademark now 

What is Trademark Renewal?

A trademark registration remains valid only for ten years. Beyond this, if you want to have a legally binding trademark, you need to renew the trademark. The trademark renewal ensures that all the rights related to the trademark get extended for a few more years. In case the owner fails to renew his or her mark, once the validity expires, the trademark will no longer be valid. Therefore, the owner will not have any protection that comes with the trademark registration.

Procedure for Trademark Renewal

  1. The owner must apply to renew the trademark, through Form TM-12
  2. This form must be submitted before 6 months from the expiry date of the trademark registration.
  3. In case no application is filed within 3 months of expiry, the Registrar will serve a notice regarding the same.
  4. Remember that if this notice is not sent to you, then your registration cannot be removed.
  5. Along with Form ™-12, the owner must also pay the renewal fees that apply to them.
  6. If you file the form but do not pay the fees, your registration may be removed.

What happens if you do not renew your trademark?

  1. Not renewing your trademark has severe consequences.
  2. In case you do not apply, the registration may be removed
  3. Furthermore, in case you submit the form, but do not pay the fees, your listing may be removed
  4. However, before removing the registration, the Registrar will advertise this intention in the Trademark Journal, so that you get another chance to renew your trademark
  5. If you fail to renew the mark, it is not just the owner who will get affected, but also everyone who has either been assigned or licensed the trademark
  6. It will negate all the legal rights the proprietors have
  7. It also substantially weakens the owner’s legal position
  8. Removes the benefit of exclusivity
  9. Eliminates protection from infringement claims
  10. You will lose the power that deters others from using your trademark
  11. Since the Registrar knows how vital the trademark is, they allow you to renew the mark, for up to 6 months after your registration’s expiry date
  12. To do so, the applicant must file form TM-10 and pay the required surcharge.

Restoration of Trademark

In case the renewal period of the trademark lapses, and you fail to file ™-12, owners have the option of going in for trademark restoration. This is the process that is used when the renewal period ends. Restoration of the trademark can happen from within 6 months to one year after the date of the expiry of the registration. To restore a trademark, the owner must file Form TM-13. Once the Registrar receives such a request, they will advertise the mark, to prove that no other company has started using it. Once the advertising is done, and they are sure no one objects to the trademark being restored, the mark will be re-registered into the Register of Trademarks. This restoration will keep the trademark active and valid for another 10 years. 

 

 

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