What Documents Are Required for TM Regeneration?

Did you know IKEA lost its TM in Indonesia because they forgot to renew it! Read this article to understand the trademark regeneration process and not miss out.

A registered TM is valid for 10 years from the date of registration. You need to renew the TM if you want to continue using it and keep it protected. This regeneration process exists to ensure that businesses do not hoard marks that they never use. Ensure smooth Documents Required for the TM Regeneration process in India by preparing the necessary with our comprehensive guide.

Do you own a TM that is nearing the expiry period? Then read this article to get an understanding of the regeneration process.

The Necessity of TM Regeneration

Any TM registration is valid for ten years. After this period, it must be renewed for it to remain legally valid. In case a TM is not renewed, it loses its legal prominence, and hence, does not provide the rights and benefits it did before. Failure to renew the TM makes your company susceptible to brand theft. 

In case you let your TM expire, there are still ways to recover it. The Registrar of TM is quite lenient when it comes to regeneration and restoration. Also, before removing your TM , they will send you a notice regarding the same, helping you to renew your TM . 

However, it is better if you renew your TM within the last 6 months of its validity. It is cheaper and easier to do it that way.

Benefits of TM Regeneration

• Prevent infringement of your TM
• Keep all the rights you had when you had a valid TM
• 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 TM Regeneration

1. Copy of the registration certificate 
2. Power of Attorney  
3. An ID proof
4. An address proof 
5. Copy of TM-A 3
6. TM certificate 

Things to Know About TM Regeneration

1. The Registrar will send a notice regarding the impending expiry, 6 months before the TM expires
2. In case you do not reply to this notice, the Registrar’s office will send another statement warning you that your TM will expire soon. Once it expires, it also warns you that the TM will be removed from the TM journal
3. Owners have the option to renew their TM , up to 6 months after the expiry of their TM registration
4. In case the Registrar does not send these notices, then your TM cannot be removed from the Journal.

What Is the Procedure for TM Regeneration?

• TM regeneration may be done either by making a change to the TM or without any changes to the existing TM registration
• The application for TM regeneration happens via Form TM-R
• The application for the same may be filed either by the TM owner or by an agent who they have authorized to handle the renewal of trademark in India process.
• The regeneration application will make your TM 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 TM on the TM Journal 
• Make sure you start this process at least 3 months before the expiry of your TM to ensure that the entire process goes on smoothly
• Regeneration will require Form-18 and the requisite fees
• In case you have passed the expiry date, you can renew the TM within 1 year of expiry as per Section 25(4) of the TM 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 TM. Only if there is no objection can the TM be renewed.

Alternatively, you can choose the Vakilsearch TM regeneration service to renew your TM. It is an easy and pocket-friendly solution. 

Also, Read:

• Is trademark registration mandatory in India
• How Much Does a Trademark Registration Cost
• How to Register a Trademark Without Company in India