In India, trademark protection lasts for ten years from the date of registration, and it can be renewed indefinitely. Discover the duration and renewal process to ensure the continued safeguarding of your valuable brand assets.
Introduction
Trademarks are a combination of symbols, logos, words, phrases, or a mixture of these, that offer a unique identity to the goods or services provided by a particular business. They go beyond just a branding tool; they are the face of the company in a crowded market. When consumers see a trademark, they immediately associate it with the quality, trust, and reliability that the brand represents. This immediate recognition gives businesses an edge over their competitors.
Duration of Trademark Protection in India
The period of trademark registration in India is 10 years. Once registered, the trademark provides the owner exclusive rights to use the mark concerning the goods or services for which it is registered. This ten-year duration ensures that brands can safeguard their identity and prevent any unauthorised or counterfeit use.
Renewal of Trademark in India
After the initial 10-year duration, a trademark can be renewed indefinitely in intervals of 10 years each. This means, in theory, a trademark can last forever if consistently renewed after every decade.
Where to Register Your Trademark in India?
There are five trademark registry offices across India located in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad. Once a trademark gets official registration, the owner gains exclusive rights to its use. This legal protection prohibits others from replicating or using the registered trademark.
Trademarks are safeguarded for a decade upon registration. Post this decade, renewal becomes necessary. If a registered trademark remains unused for a continuous five-year period, its registration can be challenged and potentially revoked.
Documents Needed for Trademark Renewal:
- Confirmation of the original registration
- A completed TM-R form
- Proof of identity and address of the registrant
- Trademark registration certificate
- Power of attorney, if the renewal application is made by an authorised representative or dealer.
Steps for Trademark Renewal:
Registered trademarks must undergo renewal every 10 years according to Indian laws. The trademark registrar sends out reminders to the registered address about the upcoming expiry, half a year before the actual expiration.
Here’s a step-by-step guide to the renewal process:
- Start the renewal process by submitting the TM-R form.
- Authorized representatives or dealers can also initiate this process.
- Alongside, submit Form TM-18 and the required affidavit.
- Manual submissions involve a renewal fee of ₹10,000. For online submissions, a discounted e-filing fee of ₹9,000 is applicable.
- Applications undergo scrutiny for errors or discrepancies.
- Once approved without issues, the registrar issues a renewal certificate under the trademark owner’s name.
- The renewed trademark gets a mention in the official trademark journal.
Online Trademark Renewal Guide:
For convenience and savings, it’s recommended to renew trademarks online via Intellectual Property India’s official website, which offers a discount of ₹1,000 for online renewals.
Here’s a systematic guide to renewing your trademark online:
- Navigate to the dashboard and select ‘New application tab’, then opt for ‘TM-R’.
- Choose the appropriate request form.
- Fill in the necessary details and save your progress.
- Ensure you complete all the mandatory fields accurately.
- Use the ‘Uploads’ icon to attach necessary documents, then click ‘Proceed’.
- A pop-up notification will confirm the draft’s success. Now, click ‘Submit’.
- Head to the ‘Payments’ section to view your submission.
- On the dashboard’s left side, click on ‘Payment’, then select ‘Make a payment’.
- Pick your specific form from the list and choose the ‘Make payment’ option.
- After finalizing the payment, an acknowledgement slip will be presented.
- To retrieve your receipt, go to the ‘Payment’ menu, select ‘Payment history’, and then click ‘Receipt’. You can then download your receipt.
It’s crucial to follow these steps carefully to avoid errors that can hinder the renewal process.
Steps to Renew a Trademark:
Timely Application: It’s essential to apply for renewal at least six months before the expiry of the trademark registration or within the grace period. The grace period is an additional six months post-expiration during which the trademark can be renewed with a late fee.
Form TM-12: This form is used for renewal applications. An application fee accompanies it.
Delayed Renewal: Even if a trademark owner misses the renewal during the grace period, the mark isn’t immediately removed. The trademark enters a dormant state called “Removed” status for the next year. During this time, the owner can apply for restoration using Form TM-13.
Continuous Usage: For the trademark to retain its strength and prevent any potential challenges or cancellations, it’s vital that it’s used consistently. Non-use for a period of five consecutive years can make the trademark vulnerable to cancellation on the grounds of non-use.
Advantages of Timely Renewal:
Prevention of brand theft: Timely renewal ensures that your mark remains protected, preventing others from registering similar or identical trademarks.
Monetary benefits: Timely renewal avoids extra costs that come with late fees or restoration fees.
Continuity of brand identity: A consistently renewed trademark maintains a continuous brand image, establishing better recognition and trust among consumers.
Conclusion
The significance of trademarks in the business world cannot be overstated. They are not just symbols but represent a company’s identity, values, and reputation. In India, while a trademark’s protection lasts 10 years, with timely renewals, its lifespan can be perpetual. Brands must be proactive in understanding the duration and renewal processes to ensure they continuously enjoy the benefits a trademark brings.
FAQs on Duration of Trademark in India:
How long does a trademark last in India?
A trademark lasts for 10 years in India. However, it can be renewed indefinitely in intervals of 10 years each.
Can I renew my trademark after it expires?
Yes, you can renew your trademark even after it expires. There's a grace period of six months post-expiration for renewal with a late fee. If missed, it goes into a Removed status for a year, during which you can apply for restoration.
What if I don’t use my trademark for a long time?
If a registered trademark isn't used for five consecutive years, it becomes vulnerable to cancellation on grounds of non-use.
How do I apply for trademark renewal?
For trademark renewal in India, you'll need to use Form TM-12 and pay the associated application fee.
Why is it essential to renew my trademark timely?
Timely renewal ensures continuous brand protection, saves costs from late fees, and maintains a consistent brand identity.
