Trademark renewal is an important process for any applicant or business that wants to keep its protection under the Trade Marks Act,1999. A registered trademark stays valid for a period of ten years from the date of registration, after which it needs to be renewed to remain current. Not renewing your registered trademark may be struck out of the Trademark Journal, leaving your business and brand vulnerable. Abhinav Suresh Advocate CA provides full trademark renewal services to make you comply and protected without any lapse.
Not renewing a trademark allows results in trademark expiry, and the owner loses their sole right of use for the mark. This can expose the mark to be claimed or misused by others, resulting in legal and commercial issues. Hence, timely renewal of the trademark is crucial for companies and individuals who want to maintain their brand identity and avoid unauthorised use.
A registered trademark in India has an initial validity of 10 years, after which it requires renewal for continued legal protection. This 10-year period is referred to as the renewal period, and it keeps the trademark validity active. Trademark holders should keep track of the date of filing to prevent complexities.
The renewal petition must be made six months prior to the expiration of the trademark.
If the renewal is not done in time, a grace period of six months is provided during which the trademark can still be renewed with an additional fee
Non-renewal even within the grace period can lead to the deletion of the trademark from the register
Once they are withdrawn, the owner of the trademark loses exclusive rights and might be required to start a new registration
Therefore, being in advance of deadlines is crucial to ensure constant trademark protection.
Renewal of your trademark provides continuous legal protection and sole rights to your brand. It protects your business identity and avoids someone else using the same mark. Following is the step-by-step explanation of the advantages:
Ensures trademark protection through an extension of legal ownership of the mark.
Sustains trademark rights and makes the mark usable only by the owner in relation to certain goods or services.
Gives ongoing legal protection against unauthorised use or infringement by rivals.
Precludes re-registration, saving effort, time, and legal fees.
Enhances the position in law in the event of disputes or enforcement proceedings.
Enhances the value of the trademark as an asset of the business, particularly in case of mergers, franchising, or licensing.
Compliance with the trademark renewal deadline is essential in order to ensure ongoing legal protection of a registered mark. A trademark in India is valid for 10 years from the date of registration, upon which it has to be renewed. The renewal filing deadline is six months prior to the expiry date. Not filing the renewal application within this timeframe can result in severe ramifications, such as trademark lapse, leading to loss of exclusive rights and cancellation of the trademark from the register.
Grace Period
If the trademark owner fails to make it within the official renewal period, Indian trademark legislation offers a grace period of six months from the date of expiration. The trademark can then be renewed, though with the payment of late renewal charges, during this period. The grace period is a last chance to revive the trademark status without forfeiting the legal rights completely.
Observation: After the grace period expires, the trademark is stricken off the register, and it becomes necessary for the owner to undertake a complicated procedure to restore or re-register it. Therefore, though grace time provides a cushion, it should not be depended upon. Taking prompt action within the initial timeframe is always the ideal approach to preserving valid trademark protection and preventing additional fees or risks.
For the successful filing of the trademark renewal in India, the following documents are usually needed:
Copy of original certificate of trademark registration
Duly filled and signed Form TM-R (Renewal Application)
Document establishing the identity and address of the trademark owner or authorised agent
Power of Attorney (in case the renewal is filed through a legal representative or agent)
Payment proof of the stipulated renewal fee
Any supporting documents in case of change of ownership or applicant information.
For online trademark renewal in India, the primary form required is the TM-R Form. This is used to make a renewal application for a registered trademark and must be submitted to the Trademark Registry prior to the expiration of the existing trademark registration. The TM-R Form is used for both renewal without modification and renewal with changes, including changes to the trademark owner’s information or address.
The process of filing the TM-R Form online is simple and may be done directly on the website of the Controller General of Patents, Designs & Trademarks (CGPDTM). On submission, the renewal application is assessed, and once approved, the trademark continues to be valid for 10 years more. Timely filing of the TM-R Form is essential to continue the trademark protection uninterrupted as well as to prevent any further charges or issues pertaining to late renewal.