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.
An in-depth look at Indian trademark
- As per Section 25 of the Trademarks Act of 1999, trademarks are registered initially for a period of 10 years and are due for resumption thereafter
- Additionally, as per Rules 57 & 58 of The Trademark Rules of 2017 an application for a trademark, it has to be filed within 1 year prior to the expiry of the registered trademark
- Further, if the deadline for trademark renewing 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 trademark renewal fees. Similarly, if the owner fails to obtain the resumption before the expiry, the registrar is at liberty to remove the trademark from the official trademark register.
The advantages of renewing your trademark
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 restore. 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 restore, you continue to enjoy seamless protection against any frivolous litigation. Moreover, a timely trademark resumption 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.
Renewal of Indian trademarks: Documents Required
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.
What is the procedure for renewing a trademark in India
In India, trademarks can be renewed 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 restore online, without making any change in the existing trademark.
Here are the steps to resumption a trademark in India:
If you are a registered proprietor, you need to file the form TM-R to apply for the resumption 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 resumption fee of ₹10,000 is levied if you intend to do a physical filing. Additionally, for trademark resumption online, ₹9000 is levied as a 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 restore in the name of the trademark owner
Thereafter, the resumption will duly be reflected in the trademark journal.
Complete the entire trademark renewal process here with Vakilsearch in just 3 easy steps! With the help of our experts and our super-fast online platform, you can upload all the necessary documents without any hassles, pay the trademark resumption fees through our secure gateway, and get your trademark renewed within days!
- Should I consult a lawyer for trademark renewal?
- Documents required for a trademark renewal
- How to renew trademark?