Trademark Renewal

A trademark is a unique emblem, logo, word, phrase, design, or a mix of these elements that visually signifies and points to the origin of goods or services from a specific company or individual. Trademarks are important assets that allow consumers to recognize and connect products or services with a certain brand.

Trademark owners have the privilege to extend their trademark's validity every decade. Before the end of these ten years, the Registrar offers a six-month grace period, during which the trademark holder can renew their mark and retain its advantages. If the renewal doesn't occur, the Registrar will announce the trademark's removal in the Trademark Journal.

According to the Trade Marks Act of 1999, a registered trademark can be renewed for an additional decade following the end date of its initial registration or its most recent renewal. To commence the renewal procedure, the trademark's owner must formally apply to the Registrar of Trademarks, ensuring it's done within the stipulated time frame and following the set guidelines. Once the application is submitted along with the mandatory fee, the Registrar will extend the trademark's registration for another ten years.

Before a trademark's registration expiration, the Registrar must notify the trademark owner about the impending expiry and the terms for its renewal. If these renewal terms aren't met within the designated time frame, the Registrar possesses the right to strike the trademark off the register.

However, the Act does allow a grace period of six months post the expiration date. During this window, the trademark owner can still renew their mark by settling a surcharge in addition to the regular renewal fee.

Moreover, in cases where a trademark has been delisted due to the non-settlement of the renewal charge, the trademark holder can request a reinstatement within a year from the last registration's end date. Upon receiving this application and the stipulated fee, the Registrar can reinstate and renew the trademark, potentially with specific conditions or limitations attached.

Renewing a trademark offers an array of advantages for its holder:

• It offers legal protection and rights that are upheld by the law.

• Renewal aids in guarding against trademark breaches and serves as a foundation for seeking damages in instances of such violations.

• Renewed trademarks allow the holder to transfer the trademark to another party, whether an individual or a business.

• A validly registered trademark can be licensed, thus enhancing its financial worth.

• Renewing ensures the holder retains exclusive rights, upholding the brand's unique identity and prestige.

There are two primary methods to renew a trademark:

• Renew with alterations: This option lets you update specific signs or words in the current trademark during renewal.

• Renew without alterations: This option allows for the trademark's extension without any modifications to its existing design or text.

Should a trademark lapse after ten years, the holder isn't out of options. They can opt for trademark restoration. This process mirrors the renewal procedure but with an added catch: the holder needs to pay an extra penalty for surpassing the expiration date.

Upon receiving the examination report, filing a trademark reply within 30 days is essential. This trademark reply should be comprehensive and must address the queries raised in the examination report.

• Renewal Deadline: The renewal application for a trademark should be lodged before the mark's expiration. While it's possible to initiate the renewal application up to a year before its expiration, the precise deadline is six months before the trademark's expiration date.

• Renewal After Expiry: Suppose a trademark's registration has elapsed due to non-renewal before its due date. In that case, renewal is still attainable within six months post-expiration, but this comes with an additional surcharge on the standard government renewal fee.

• Revocation: Should the trademark not be renewed before its expiration or within the subsequent six months (with the added fee), the trademark registration will be revoked.

However, if a trademark gets canceled, there's a possibility for restoration. An application for reinstatement must be submitted within six months following the cancellation.

For renewing a registered trademark, the following documents must accompany the TM-12 renewal form when submitted to the Registrar of Trademarks (RoT):

• Certified Copy of Original Registration Certificate: A certified copy of the original trademark registration certificate.

• Certified Copy of TM-A Form: A certified copy of the TM-A form used during the initial trademark registration.

• Identification Proof: Identification proof of the applicant.

• Residence Proof: Residence proof of the applicant.

• Power of Attorney: A Power of Attorney is required if the applicant is representing the trademark owner.

The trademark renewal process in India is comprehensive, ensuring enduring protection for your trademark. Here's a concise overview of the steps involved and the accompanying documentation:

Step 1: Submitting the Application

Fill out and submit Form TM-R to the Trademark Registry. Include details such as:

• Trademark registration number

• Current trademark status

• Applicant's contact details

Step 2: Scrutiny and Review

Renewal eligibility is determined based on the trademark's remaining validity and adherence to renewal prerequisites.

If discrepancies arise, the Registry will voice its concerns, prompting the applicant to respond within a set timeframe.

Step 3: Announcement in the Trademark Journal

Once any concerns are addressed, details concerning the renewed trademark are publicized in the Trademark Journal for 4 months. This period allows third parties to express any objections.

Should objections surface, the applicant must provide a timely response. A hearing may be organized to clarify and settle the matter if not addressed.

Step 4: Granting the Renewal Certificate

After the designated publication duration and the amicable resolution of potential disputes, the Registry presents the Trademark Renewal Certificate. This document affirms the renewed status of your trademark, valid for another decade.

PKRIDS provides an all-encompassing service for trademark renewal, ensuring a smooth and hassle-free experience for trademark owners.

• Our seasoned experts gather all requisite details and kick-start the renewal process on your behalf.

• We diligently craft the renewal application, upholding precision and adherence to pertinent rules.

• Our team then scrutinizes the application, tweaking it to optimize its efficacy.

• Once the application meets our rigorous standards, we manage the submission process with the Registrar of Trademarks, guaranteeing timely and accurate document delivery.

With PKRIDS' proficiency in trademark renewal, entrust us to effortlessly guide you through the intricate renewal steps and ensure unwavering protection for your invaluable trademarks.

A trademark is a specific sign capable of graphical representation which can differentiate the goods or services of one enterprise from those of other enterprises. This can include a name, word, phrase, logo, symbol, design, image, or a combination of these elements. It's essential for protecting a brand's unique identity in the marketplace.

Trademark renewal ensures the continued protection of the brand's unique identity in the market. Without renewal, the rights to the trademark can be lost, meaning others could potentially use the trademark without facing any legal consequences. Renewal preserves the brand's exclusivity, legal status, and market position.

Trademarks need to be renewed every ten years. It's important to note the expiration date of your trademark to avoid lapses in protection.

Yes, there is a six-month grace period after the initial ten-year validity during which the owner can still renew the trademark. This offers flexibility and a safety net for trademark owners who might miss the initial deadline.

If a trademark isn't renewed within this grace period, the Registrar will announce the trademark's removal in the official Trademark Journal, leading to a loss of all the rights and protections associated with that trademark.

To renew, you need to submit a formal application to the Registrar of Trademarks. This application must adhere to the set guidelines, be submitted within the given time frame, and be accompanied by the necessary renewal fee.

Yes. Owners can either:

• Renew with alterations: This allows updating or changing parts of the current trademark during the renewal process.

• Renew without alterations: This simply extends the trademark's validity without making any changes to it.

If a trademark expires and isn't renewed, owners can still restore it. This requires undergoing a restoration process which is similar to renewal, but with an additional penalty fee due to the delay.

Renewal provides numerous benefits:

• Continuous legal protection against unauthorized uses.

• The right to seek damages in cases of trademark infringements.

• The ability to transfer or license the trademark to third parties, adding financial value.

• Ensuring the owner retains the exclusive rights to the trademark, thereby preserving its unique market identity.

The renewal application should ideally be initiated six months before the trademark's expiration. Although renewal is possible up to a year before expiration, aiming for the six-month mark provides a safety buffer.