trademark-renewal

Procedure for trademark renewal in India

DEFINITION

A registered trademark has 10-years validity and can be renewed indefinitely post that. The Registrar will set a wide window for an individual to renew it starting from 6 months before the date of expiry. Even if an individual/company forgets, a notice is sent to the registered address before the date of expiry. If one still does not file for renewal, the registrar will advertise its intention to remove the trademark in the Trade Marks Journal. This usually happens 12 months after the trademark expiry date. Between 6 to 12 months after expiry of the trademark registration, it can be renewed on the payment of a fine through a process called ‘restoration’.

ADVANTAGES OF TRADEMARK RENEWAL

  • BUSINESS OPPRTUNITY: A product or service being sold under a registered trademark helps to build up trust/reliability/quality/and goodwill in the minds of customers. It offers a company a unique identity when compared to the competition. This really is helpful when a company sells their goods on online platforms like Amazon, Flipkart, etc.
  • LEGAL PROTECTION: In case a company feels that their trademark has been copied by someone else, they can legally sue that party/individual
  • UNIQUE IDENTITY: Customers always identify a particular product or service with the brand. Registering a trademark ensures that the competition can’t use it. Hence, a trademark remains a company’s unique asset

REQUIREMENTS FOR TRADEMARK RENEWAL

  • The existence of a registered trademark by the proprietor, subject to renewal
  • The intent for commercial use has to be analyzed for eligibility
  • An individual has to ensure there is no similar trademark registered. This can be done by a search of the licensed trademark database.
  • If there is a conflict of trademark, it is important to get a legal opinion for a solution
  • One must prepare an application for renewal which complies with the appropriate regulations.

RENEWAL OF A TRADEMARK

There are two kinds of renewal:

  • The alteration and change of sign/logo of the registered trademark.
  • An application which is made without any change of trademark.

Procedure for trademark renewal in India

  • An application for the renewal is made in form TM-R.
  • The application must be filed by either the registered owner of the trademark/or an agent/attorney authorized by him.
  • The filing of a renewal application for trademark, renews it for another 10 years.
  • After the trademark renewal application has been filed, it is very essential to check the status of the application periodically, until it is processed by the registrar.
  • The Trademark Journal is the official gazette of the Trademark registry which governs whether it the application status has been accepted or not. If the application is accepted then it is advertised in the Trademark Journal. Thus, the renewal process must begin 3 to 6 months before the expiry of the trademark.
  • Form-18 is used to file the application, with the requisite fees. The application is checked and reviewed for quality, before it is approved for renewal.

As soon as you send us your details, our representative from ACE ALLIANCE will contact you to help with your requirements. Our representative will explain the whole process in detail to you. Then our team of lawyers will start the work on your trademark renewal application which will be filed in either Form-10 or Form-12. Our team will keep you updated in regards to the status of your application.