Did you know IKEA lost its trademark in Indonesia because they forgot to renew it! Read this article to understand the trademark renewal process and not miss out.
A registered trademark is valid for 10 years from the date of registration. You need to renew the trademark if you want to continue using it and keep it protected. This renewal process exists to ensure that businesses do not hoard marks that they never use.
Do you own a trademark that is nearing the expiry period? Then read this article to get an understanding of the renewal process.
If you don’t have a trademark yet, check out the trademark registration process.
The Necessity of Trademark Renewal
Any trademark registration is valid for ten years. After this period, it must be renewed for it to remain legally valid. In case a trademark is not renewed, it loses its legal prominence, and hence, does not provide the rights and benefits it did before. Failure to renew the trademark makes your company susceptible to brand theft.
In case you let your trademark expire, there are still ways to recover it. The Registrar of trademarks is quite lenient when it comes to renewal and restoration. Also, before removing your trademark, they will send you a notice regarding the same, helping you to renew your trademark.
However, it is better if you renew your trademark within the last 6 months of its validity. It is cheaper and easier to do it that way.
Benefits of Trademark Renewal
- Prevent infringement of your trademark
- Keep all the rights you had when you had a valid trademark
- Protects from litigation
- Gives you an extension of ownership-related rights
- Provides unhindered protection of your brand name
- Gives monetary benefits and compensation
Documents Required for Trademark Renewal
- Copy of the registration certificate
- Power of Attorney
- An ID proof
- An address proof
- Copy of TM-A 3
- TM certificate
Things to Know About Trademark Renewal
- The Registrar will send a notice regarding the impending expiry, 6 months before the trademark expires
- In case you do not reply to this notice, the Registrar’s office will send another statement warning you that your trademark will expire soon. Once it expires, it also warns you that the trademark will be removed from the trademark journal
- Owners have the option to renew their trademark, up to 6 months after the expiry of their trademark registration
- In case the Registrar does not send these notices, then your trademark cannot be removed from the Journal.
What Is the Procedure of Trademark Renewal?
- Trademark renewal may be done either by making a change to the trademark or without any changes to the existing trademark registration
- The application of trademark renewal happens via Form TM-R
- The application for the same may be filed either by the trademark’s owner or by an agent who they have authorised to handle the trademark renewal
- The renewal application will make your trademark legal for another 10 years
- Also, once the application has been filed, the applicant can keep checking their application’s status online
- Once it is approved, you should be able to find your trademark on the Trademark Journal
- Make sure you start this process at least 3 months before the expiry of your trademark to ensure that the entire process goes on smoothly
- Renewal will require Form-18 and the requisite fees
- In case you have passed the expiry date, you can renew the trademark within 1 year of expiry as per Section 25(4) of the Trademark Act of 1999
- Even while doing so, the Registrar will have to make sure that no other company or business has started using a similar trademark. Only if there is no objection can the trademark be renewed.
Alternatively, you can choose Vakilsearch’s trademark renewal service to renew your trademark. It is an easy and pocket-friendly solution.