A trademark can be registered under the Trademarks Act of 1999. It can be anything, a word, design, slogan, symbol, etc., that is used to differentiate a company’s goods from another. Moreover, a trademark safeguards your company’s identity, and you are allowed to use it for ten years once your trademark is registered. Also, if the trademark is not in use for five years after getting registered, then it will be cancelled at the request of a third party. In this blog, we will discuss how many times you can renew a Trademark, benefits of Trademark Renewal, and its process.
Trademark filing is a long procedure, and first, you need to file an application for trademark registration either by online or offline mode. Furthermore, you have to renew your trademark before the expiry of ten years and failing to do so may result in the cancellation of your trademark.
While registering the trademark, the registrar publishes the mark in the trademark journal, and objections can be raised within three or four months. Similarly, while cancelling the trademark, the registrar will again advertise in the journal regarding the cancellation of the trademark. Moreover, the trademark owner can still restore the trademark after its cancellation by paying the fine only on the condition that the same trademark is not taken by someone else.
What are the benefits of Trademark Renewal?
The benefits of trademark renewal are discussed below:
- Provide Legal Protection
The trademark provides protection for the brand identity, and no one can copy it without the permission of the trademark owner. Similarly, trademark renewal is important to retain the trademark’s legal protection.
- Monetary Benefits
You can license your trademark to someone else and get royalty in return. By this, you can earn additional income from your trademark. If your trademark expires, it will automatically impact your business and also the business of the licensee will be affected. So, renewing the trademark on time is important to avoid such circumstances.
- Create A Different Identity Of The Company
A business owner generally prefers taking a trademark to build a unique identity of their company that can assist them in staying different from others. People start recognizing the company from their trademark as it becomes their identity. Therefore, if the applicant does not renew the trademark, he may lose his business identity. Therefore, on-time trademark renewal is essential.
- Protects the Brand
If you have a trademark registered for your brand, it protects your brand so that no one else can use the same trademark. If anyone uses your trademark without your permission, then you have the right to take legal action. Moreover, if you want your brand to have this protection, you must remember and renew your trademark every ten years.
How Many Times Can You Renew a Trademark?
A trademark, once registered, can be used lifelong only with the condition that the applicant has to renew a Trademark every ten years. Therefore, a trademark can be renewed N number of times by paying a fee along with the required documents. You can either submit the renewal application online or offline. Furthermore, the TM-R form has to be filed.
Why Is There A Need To Renew A Trademark?
It is important to renew a trademark because the registered trademark expires after every ten years, and you will no longer remain the owner of your trademark if you do not renew it, as it is understood that registering a trademark protects the company and provides exclusive rights to the trademark owner. Also, no other person can use your trademark without your permission. Therefore, trademark renewal retains such rights that come with trademark registration.
Trademarks being a valuable asset for the company gives monetary benefits as people start recognizing the company by its trademark. Therefore, you can also license your trademark to another person in return for a royalty. Moreover, the licensee will use your trademark to sell his goods or services, but no other person except the licensee can use your trademark.
What Are The Documents Required For Trademark Renewal?
- Address proof and identity card of the applicant.
- Certificate of trademark registration.
- Copy of filed TM-R form.
- Power of attorney is required if any other authorized person or agent submits the renewal application.
What Is The Procedure To Renew A Trademark In India?
Following is the procedure to renew a Trademark in India:
- You can either use the same trademark you used before, or you can renew your trademark with some alterations.
- Trademark renewal applications can be filed online by filing the TM-R form.
- The application for trademark renewal can be filed by any other authorized person other than the trademark owner.
- Form TM – 18 will be required along with the affidavit.
- The registrar will check the application and ensure that there are no mistakes.
- If there are no mistakes in the renewal application, then the owner will be granted with the certificate of renewal.
- After completion of the renewal process, the trademark will be published in the Trademark Journal.
What is the Cost of Trademark Renewal?
Trademark renewal costs vary depending on the situation:
- Filing the renewal application offline can cost around Rs 10,000.
- Filing the renewal application through online mode will cost around Rs 9,000.
What is Trademark Restoration?
It is known that a company’s brand is its most valuable asset. Therefore, after the regular renewal date has passed, the trademark owner is allowed one final opportunity to renew the trademark within the window of six to twelve months by filing the trademark renewal application and paying the additional cost.
After getting such an application, the registrar publishes an advertisement to see if any other business has already begun using the same mark. If there are no objections after the advertisement, it is assumed that no one else is using the same mark. The trademark renewal is therefore accepted and reinstated, and it is now good to use for the subsequent ten years.
Although the trademark filing process is lengthy and occasionally difficult, it is an essential step that every business must take. To continue savouring the rights without disruption after receiving a trademark, it’s crucial to renew it every ten years by following the comprehensive procedure. Through the renewal procedure, you can be confident that your trademark will be in use for the next ten years and that no one else can use it without your consent. Additionally, the registration and renewal procedure can be complex, and even a small error can get you into difficulty. Therefore, it is crucial to speak with a trademark lawyer who can assist you with all aspects of licensing and renewal.