Trademarks are marks that are graphically represented which help people identify the company or person and entity who produced the goods or services. They are easy can be registered under the Trademark Act, 1999 with the Trademark registry offices. IN India, there are five such trademark registry offices, Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad. If a trademark is registered the holder of the trademark obtains special rights to its usage and is protected by law from the infringement of such rights by others
You can fastly establish your rights in court only if you believe your registered trademark has been contravening.
Create A Unique Identity
Registering your trademark is the first-ever step toward certifying your customer’s satisfaction to identify your services or products with your brand. After that, the law will then stop any similar words or slogans from being registered for any other goods or services.
Create Business Chances
If you want your brand name to be succeeded, then a trademark is an intangible asset that can be massively valuable. Many companies can earn massive money in royalties through licensing agreements or even transfer of ownership to interested or to be involved parties.
Extension Of Ownership Rights
After the renewal of the trademark, over the brand name, one can benefit from infringement of his/her rights over the ownership. a trademark provides goodwill created by the brand and the permanent protection of your brand.
Fewer Chances For Litigation
It is possible to have seamless trademark protection without any chances of litigation if you suffer by rules and renew your trademark on a timely basis. Other than the trademark owner, the renewal of trademarks builds it impossible for someone to claim rights over the registered mark.
The effect of not renewing the trademark is acute. In case, application for renewal has not been filed, or in case the fee for renewal has not been paid by the proprietor, the Registrar may remove the mark from the register
, the Registrar of a trademark shall first show his intention to remove the mark by advertising the notice to remove in the trademark journal, Before removing the trademark
Trademark failure of renewal not only affected the company and proprietor but also all some people who concern with renewal either assigned or licensed the trademark. It also affects your legal rights, by not renewing your trademark, which in also effect weakens your legal position. some of the benefits of a registered trademark. Registration protects you from infringement claims.
After the registration of the trademark, every businessman has therefore provided another chance within 6 months to renew the trademark after the date of expiration registration filing prescribed form [TM-10] and by paying the surcharge.
The owner must apply for renewal before the Registrar of the Trademark with a prescribed form [TM-R], within six months from the expiration date of the Trademark Registration. If the trademark renewal application has not been filed, it must be done between one to three months before the expiration of the registration.
After renewal registration, the Registrar must send a notice to the proprietor to informing him of the next renewal date. If a notice of renewal has not been received, you must keep in mind that no trademark can be removed. The proprietor has to pay trademark renewal prescribed fees, along with the application for the renewal. Renewal can be complete in two ways, those are:-
Simple Renew the Trademark
Renew the Trademark with changes/modification and alteration
renewal of a trademark applies TM-R form
An authorized representative or agent can also make the application for renewal. It does not need a registered owner for filed application of the Trademark itself. After the approval of application, Trademark will be published in the official gazette of the Trademark
If the renewal process is complete physically, the filing for the renewal costs 10,000 rupees. And if done online via e-filing, it charges 9,000 rupees. online process less chargeable
Utilizing the requisite fees Form-18 is used to apply. The application is reviewed for excellence and quality before it is finally approved for renewal.
Before the existence of a registered trademark which is possessed by the proprietor/owner (Copy of the Registration certificate)
The determination and purpose for commercial use should be examined for eligibility (Copies of the Proof of same).
You must make sure to other trademark holders there is no similar trademark by executing a Trademark Search of the well-known and licensed trademark database.
the Applicant represents the power of attorney
Applicant, Address proof & Photo ID
Copy of Application form for trademark registration – Form TM-A
It is prudent to get a legal opinion for a feasible solution if there is a conflict of the trademark. (Copy of the Proof of Conflicted Trademark)
Prepare and procure a renewal application and thereby comply with the suitable condition
The period of Registered trademarks has a limitation of ten years. For a period of 5 years trademark is not being used then it may be canceled at the request of another party. The Liberty of the holder of a trademark is to renew the trademark indefinitely every ten years. The Registrar gives a window to the proprietor before six months of the end of ten years to the holder of the trademark to renew their trademark and continue enjoying the rights awarded. In the case of a person failing to renew a trademark, the registrar will issue an advertisement in the Trademark Journal indicating the removal of the trademark. After the trademark period of ten years if the holder of the trademark is not renewed the person still has the option of restoration, which means renewal itself but with a fine.
An online application for renewal of Trademark in India shall be made no earlier than 1 year before the expiry of 10 years from the date of application. The application of Trademark Renewal after the expiry of a period of 10 years can be made only by payment of additional fees. Hence applying for renewal 6 months prior to the expiry date is ideal.
The Registry of Trademark may condone the period of delay for renewal of trademark by 6 months after the expiry of 10 years. Online application for Trademark Renewal in India can be made after the expiry of 10 years with a payment of additional fees.
An online trademark renewal application shall be made with the help of a Registered Trademark Attorney in India with the payment of the renewal fee and additional or late fee (as applicable). A trademark renewal request can be filed six months prior to the date of trademark expiry. Before the expiry of the trademark, the registrar sends a notice to the owner regarding the expiry and the renewal fees and conditions. In case of lapse, the trademark gets removed from the register. An extension period of six months post-expiration is given in case one misses the deadline along with an additional late fee.
You can apply for the restoration of an expired trademark within 6 months from its expiry date to keep using it. But the delay of 6 months can be risky and shall attract additional fees and documentation.
Trademark Registration is a long process that takes a number of documents and requires more time than renewal. A renewal is basically for continuing your ownership and use of the trademark, while registration is the initial process to get its exclusive ownership. After completion of every 10 years, the trademark needs to be renewed.
In the case of non-renewal, the consequences are severe. Because the trademark would be removed from the register and any other person can claim it and get it registered to their name.
Trademark renewal does not create any changes in the rights of the trademark holder. As long as the trademark is valid, the trademark holder would enjoy all the rights that he/she acquired during the primary registration.
Trademarks are usually territorial and are valid only in the country where they are filed. However, one can file for registration separately in individual countries, which can be an expensive proposition or you can submit an application via WIPO or CTM for registration across multiple countries.