A trademark is any sign that is capable of distinguishing the identity of one enterprise from that of another. A trademark once registered is valid for a period of 10 years, following which renewal of a trademark is required if you want to keep it.
A trademark is a symbol that can be anything from a name, a logo, a picture, a word, a phrase, or even a label or a sound. Registering a trademark is the first step towards protecting your brand name. Once registered, it is also considered a precious asset in the balance sheet of your business as a trademark, and can also imply goodwill.
The Ins and Outs of Trademark Renewal in India
- As per Section 25 of the Trademarks Act of 1999, trademarks are registered initially for a period of 10 years and are due for renewal thereafter
- Additionally, as per Rules 57 & 58 of The Trademark Rules of 2017 an application for a trademark, renewal has to be filed within 1 year prior to the expiry of the registered trademark
- Further, if the deadline for trademark renewal is missed, the same can be filed within 6 months after the expiry, with an additional fee for late filing.
Before the registration of a trademark expires, the owner of a registered trademark ordinarily receives a notice from the office of the trademark registrar, informing him about the impending expiry and the conditions related to the payment of renewal fees. Similarly, if the owner fails to obtain the renewal before the expiry, the registrar is at liberty to remove the trademark from the official trademark register.
Advantages of Trademark Renewal
The benefit of trademark renewal in India are as follows:
Extension Ownership Right
The whole point of registering a trademark for a business is to claim exclusivity over one’s brand identity. The exclusive right to a trademark is extended for an additional ten years with every trademark renewal. Further, by extending trademark registration, you continue to be protected against any infringement on your brand’s identity. Moreover, the goodwill built up by your brand name over the years is preserved as well.
Protection Against Litigation
With every trademark renewal, you continue to enjoy seamless protection against any frivolous litigation. Moreover, a timely trademark renewal makes it impossible for other people/businesses to claim any unwarranted rights over your trademark. Additionally, you can also sue other people/businesses for the unauthorized use of your trademark, so long as it continues to be registered in your name.
Ability to Attract Top Talent
When you renew your trademark, it continues to spread the vision, image, and unique characteristics of your organization over an extended period of time. Naturally, talented young minds wish to be associated with such reputed brands. Additionally, if you have a positive brand image, talented human resources will be more inclined to work for your organization. In a way, regularly renewing your trademark will ultimately reduce the cost involved in sourcing and retaining quality manpower.
Documents Required for Trademark Renewal in India
Copies of the following documents are required to be submitted along with your trademark renewal application
- PAN card
- Address proof
- Certificate of incorporation
- Trademark registration certificate issued by the registry
- Power of attorney if someone else is filing on your behalf.
How to Renew a Trademark in India
The renewal of trademark in India can be done in two ways:
- You can apply for trademark renewal online, with the option to alter any words or sign in your existing trademark, or
- Further, you can apply for trademark renewal online, without making any change in the existing trademark.
The step-by-step procedure to renew a trademark in India is detailed below-
If you are a registered proprietor, you need to file the form TM-R to apply for the renewal of your trademark
The application may be filed either by you or by your authorized agent
The form TM-18, along with an affidavit needs to be submitted in support of your statement
A trademark renewal fee of ₹10,000 is levied if you intend to do a physical filing. Additionally, for trademark renewal online, ₹9000 is levied as a trademark renewal fee
Following successful payment application will then be scrutinized to ensure the correctness and validity of the information and documents furnished
On being satisfied, the trademark registrar will issue a certificate of renewal in the name of the trademark owner
Thereafter, the renewal will duly be reflected in the trademark journal.
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