Know if a trademark renewal application is examined in India at Vakilsearch. Get to talk with our trademark experts for details and updated information.
Overview on Trademark Renewal Application
A trademark is an important asset for a business, and its validity and protection must be maintained to safeguard the brand’s reputation and value. In India, a registered trademark is valid for a period of ten years from the date of registration. After ten years, the trademark must be renewed to ensure its continued protection. However, the question arises whether a trademark renewal application is examined in India or not. If you have any queries, regarding trademark renewal, contact our trademark experts at Vakilsearch. Is a Trademark Renewal Application Examined in India?
Why Do We Need Trademark Renewal?
- Renewing a trademark offers several advantages, including legal protection and prevention of trademark infringement.
- It grants the holder rights and restitution in case of infringement, as well as the ability to transfer or license the trademark.
- Trademarks need to be renewed after 10 years, and a reminder letter is sent 6 months prior to expiry.
- Two options for renewal: keeping the trademark as is or making changes and alterations.
- The renewal application (TM-R) can be filed by an authorised representative or agent, not necessarily the owner.
- Monitoring the application status is important in case of opposition from the public.
- Approved trademarks are published in the official gazette, providing another 10 years of protection.
- Trademarks can be indefinitely renewed, with different fees for physical or online filing.
- Required documents for renewal include the registration certificate, TM-A form, applicant’s ID/address proof, and power of attorney if applicable.
Trademark Renewal Process in India
Before jumping into whether a trademark renewal application is examined in India, it is essential to understand the trademark renewal process in the country. In India, a trademark can be renewed for an indefinite period after the initial ten-year validity period has expired. The renewal application can be filed at any time during the last year of the validity period or within six months after the expiration of the validity period. However, the trademark will be considered expired if it is not renewed within the specified time frame.
The trademark renewal application can be filed by the registered proprietor or an authorized agent on behalf of the proprietor. The application must be filed in the prescribed form and accompanied by the prescribed fee. In addition, the proprietor must provide proof of use of the trademark, which can be in the form of an affidavit or a declaration.
Once the renewal application is filed, the trademark registrar examines it for completeness and compliance with the relevant rules and regulations. If the registrar finds any deficiencies, he may issue an examination report, asking the proprietor to rectify the deficiencies within a specified time frame.
Trademark Renewal Benefits
- Continuously renewing a trademark offers three major advantages.
- It provides legal protection, allowing the trademark owner to file infringement suits and seek compensation for unauthorised usage.
- Trademarks represent valuable intangible assets for companies, enabling them to earn substantial license fees and goodwill.
- The most crucial benefit is the unique identity a trademark brings, making it essential to protect and renew.
Cost of Trademark Renewal
- The government fee for Trademark Renewal is ₹ 10,000 for offline filing and ₹ 9,000 for online filing when filed before the trademark’s expiry.
- If the application is submitted within 6 months after expiry, an additional surcharge of ₹ 4,500 per class (for e-filing) or ₹ 5,000 per class (for offline filing) is applicable.
Is a Trademark Renewal Application Examined in India?
As general information, if a trademark renewal application is examined in India, it means that the application has been reviewed by the Indian Trademark Registrar to determine whether it meets the requirements for renewal of trademark registration. The Registrar will evaluate the application to ensure that it is filed within the prescribed time period, that the renewal fees have been paid, and that the trademark is still being used in commerce.
If the renewal application meets all the necessary requirements, the Registrar will renew the trademark registration for another period of 10 years. However, if there are any issues with the renewal application, such as a failure to demonstrate ongoing use of the trademark in commerce, the Registrar may refuse the application or ask for additional information.
Overall, the success of a trademark renewal application examined in India will depend on whether the application meets all the necessary requirements and is filed within the prescribed time period. If you have any questions about trademark renewal applications in India, it may be helpful to consult with a qualified trademark attorney who can provide guidance and assistance based on your specific situation.
Due Date for Filing of Trademark Renewal
- The application for Trademark Renewal must be filed before its expiry.
- Trademark renewal application can be filed one year prior to the expiry of its registration.
- The due date for renewal is on or within six months prior to the expiry date of the registration.
- If the trademark registration lapses, it can be renewed within six months after its expiry with an additional surcharge.
- If the trademark application is not renewed before expiry or with an additional fee within six months after expiry, the registration is cancelled.
- A cancelled trademark can be restored by filing an application within six months of cancellation.
Trademark Restoration in India
If a trademark owner fails to renew the trademark within the specified time frame, the trademark will be deemed expired. However, the owner can still restore the trademark by filing a restoration application within one year of the expiration of the validity period. The restoration application must be accompanied by a prescribed fee, and the owner must provide reasons for the delay in filing the renewal application.
The trademark registrar examines the restoration application to determine whether there were sufficient reasons for the delay in filing the renewal application. If the registrar is satisfied with the reasons provided, he may allow the restoration application and renew the trademark. However, if the registrar is not satisfied, he may reject the restoration application, and the trademark will be deemed expired.
Conclusion
In conclusion, the renewal of a trademark registration is an important process that must be carefully managed by trademark owners in India. When a trademark renewal application is examined in India, it undergoes a thorough review by the Trademark Registrar to ensure that all necessary requirements have been met, including payment of fees and demonstration of ongoing use of the trademark in commerce.
If the renewal application is successful, the trademark registration will be renewed for another period of 10 years. However, if there are any issues with the renewal application, such as a failure to meet the requirements for ongoing use of the trademark, the Registrar may refuse the application or request additional information.
FAQs
What will happen if the proprietor fails to renew the trademark?If the proprietor fails to renew the Trademark, they will forfeit all the protection associated with its registration. |
What happens to the ownership rights after trademark renewal?Renewing the Trademark grants several advantages, including the ability to enforce ownership rights and benefit from the brand’s goodwill. It ensures enduring protection for your brand. |
What is the form Required to apply for trademark renewal?The proprietor is required to submit the renewal application in the prescribed form [TM-R] to the Trademark Registrar within six months prior to the expiration date of the trademark registration. |
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