What is Trademark Renewal?
A trademark is a distinctive expression that sets a product or service apart from others. This expression may take various forms, such as a word, slogan, photograph, logo, graphic, colour combination, sound, or scent.
When a trademark is registered, it is valid for 10 years. After this period, it must be renewed. If a company forgets to renew its trademark, the Registrar sends a prior notice to the registered office regarding its renewal. If no action is taken by the company, the Registrar issues a statement stating that the trademark will be removed from the Trade Marks Journal. This process can take 6-12 months after expiration. However, the trademark owner can renew it by paying a fine to the department before that.
Rietway Consultants Trademark Renewal Package
The Services which are included in our package are as Follows:
✅ Consultation
✅ Application Drafting
✅ Application Filing
✅Paying Government Fees
Why Trademark Renewal is Required?
Legal Protection
Trademark provides Legal protection to your Brand Name.
Business Opportunity
A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald’s. Businesses can earn huge money in royalties through licensing agreements or even transfer of ownership to interested parties.
Unique Identity
You would want your customers to identify your products or services with your brand. Registering your trademark is the first step toward ensuring this. The law would then prevent any similar words or slogans from being registered.
Renewal Process and Forms
- To renew a trademark registration, Form TM-12 must be filled out.
- The application for renewal can be submitted by either the registered owner or an authorized agent.
- Seeking the assistance of a professional is recommended when renewing a trademark to ensure that the mark is adequately protected, and the scope of protection can be expanded if necessary. As a brand may evolve beyond its initial registered classes over time.
- Renewal of a trademark registration provides an additional 10 years of protection, and must be renewed again before expiration.
What If the trademark expires?
In case you miss the deadline for trademark renewal, you can still apply for restoration within a year of the expiration under Section 25(4) of the Trademark Act, 1999. This can be done by submitting an application and paying the required fee.
FAQ on Trademark Renewal
1. What is the benefit of a trademark renewal?
The trademark registration is a kind of an intellectual property protection, under this a word or a visual symbol being used by any business to help distinguish its goods or services from that of the other similar goods or services which may be originating from a different business gets protected. This benefit will continue if the trademark is renewed.
2. What are the documents needed for trademark renewal?
For filing the application of renewal of trademark, the following documents are required: A copy of the Registration Certificate, Power of Attorney, an ID & Address Proof of the Applicant and a copy of TM-1.
3. Can the renewal of trademark be filed after the expiry of trademark registration?
Trademark renewal can be done within 6 months of the expiry of the previous registration by submitting the TM-12 form along with the late renewal fee. However, any delay beyond 6 months can result in additional fees and documentation requirements. If the renewal process is not completed within 12 months of the trademark’s expiration, the trademark is considered abandoned and removed from the register.
4. What is difference between a trademark registration and a Trademark renewal?
The trademark registration is quite different in documentation, procedure, the time required and fees from the renewal process. The trademark renewal is done within 6 months of completing the ten year time period. It is simple and easy to handle.