We are going to see the trademark renewal and its procedures with a clear-cut explanation.Keep your eye on this article to know some useful things if you have already registered a trademark or newly going to register the mark.

India is growing leaps and bounds as a destination for commerce, with that, the demand for trademark registration is also growing. Trademarks also have to be renewed for every 10 years. We are going to see an even bigger jump in the total trademark in existence in India over the years. 

Trademark renewal must be filed before the expiry of the mark. The trademark applications form should be prepared at least six months before and filed before the deadline in order to enjoy the continuous protection of the trademark without any chances of litigation.

Trademark renewal extends the term of the trademark by another decade. This can be done by filing a TM-12 along with the prescribed fee. If suppose, the person fails to renew the trademark, the mark becomes liable to be removed through a trademark restoration is also possible.

Renewal procedure:

Renewal of trademark requests can be filed within six months before the expiry of registration or renewal. Before the expiry of the registration of a trademark, the registrar will send a notice as a reminder to the registered trademark owner regarding the expiration and conditions as to the payment of the fees. If the registration has not been done under the prescribed conditions then the registrar can remove the trademark from the trademark register.

If one misses or forgets the deadline for the trademark renewal request, then it can be filed within six months after the expiry of registration or the renewal as the case may be in the prescribed manner along with the late filing fee.

If the business personnel fail to renew the trademark then he/she may lose the legal protection of the trademark.

The registration of a trademark is valid up to 10 years to retain the rights of the mark; owner must renew it by the following procedures.

Renewal process can be done in two ways:

• You can apply the renewal by changing any sign or words in the already existing trademark or
• You can apply without any change.

Renewal process and forms:

• Renewal application can be made in the form TM-12.
• The application can be made either by the registered owner of the trademark or an agent authorised by him.
• It is quite important to get a help from the profession to file for renewal of a trademark application in order to ensure that the trademark is well protected. This is because you can broaden up the scope of the protection. If your brand has survived for 10 years, then it is likely to outgrow the classes which you had registered first.
• When you file a trademark renewal application, it extends the protection by another 10 years. It can be renewed again before the expiry.

Check the status:

After the filing of trademark renewal, it is important to check the status periodically until it got processed by the registrar. Sometimes, the trademark renewal requires numerous time-bound actions or response from the applicant. Hence, it is very important to continually check the status of the application and take required action until the registration.

Trademark journal:

It is an official gazette of the trademark registry. If the trademark examiner governs that the application is acceptable, then the trademark will be advertised in the trademark journal. While the application is advertised, the third parties will have an opportunity to oppose the mark. This process will not be needed while renewing the existing mark.

The renewal is important if the brand is still relevant. If not, it could fall to misuse.

How to renew a trademark:

You need to begin the process for renewal three to six months before the expiry of the trademark. The registrar will inform you about the expiry very close to the last date, but it takes a few months to complete the procedure.

Form-18 is needed for the renewal process. The application should be accompanied by the requisite fee which needs to be paid to renew the trademark. Trademark renewal application will be reviewed for quality before it is finally renewed. Once the reviews are done, the trademark owner will be liable to receive a certificate of renewal thus marking his continued ownership.

What if the trademark expires?

If you don’t apply for the trademark renewal within six months after the expiry period, there is an option that you can apply for a restoration.

Under the section 25(4) of the trademarks act, you can apply for the restoration by submitting an application and have to pay the prescribed fee. This can only be done within one year of the expiration of the trademark.

The registrar will look at the case and keep in mind the interest of the affected parties. If the restoration has been filed on request, the registrar will advertise it in the trademark journal. If there are no parties contesting the restoration, then the original owner of the trademark may win back the trademark. If the owner finds any objection, the proprietor has to object to the same and fight the case for his trademark.

If you file the renewal within the time, there is no way you would lose your trademark.

Benefits of trademark renewal:

Trademark is a kind of intellectual property protection. The word or a visual symbol which is being used by any business to help distinguish its goods or services from the other similar goods or services gets protected. This benefit will continue it the trademark is renewed.

Renewing the trademark:

There are two forms counting on the date of the renewal if the trademark is revived on time. (i.e.) six months before the completion of ten years, then the businessman have to file a type TM-12; this is an associate application for renewal before the registrar.

If the renewal is filed after the termination, then the owner must register by filing type TM-10 and by paying the surcharge and if he/she fails to pay this, then it may cause the removal of the trademark from the register.

If the filing is done before the six months from the expiration date i.e. on time, then the subsequent things are its requirements:

Documents needed for trademark renewal:

The following documents are required. They are as follows:

• Identity and the address proof of the applicant
• Copy of TM-1
• Power of attorney.
• Copy of the registration certificate.

Trademark registration process can be done within the specified duration of time and at a reliable cost. We are a team of highly professional experts are there to guide you throughout the registration process.

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