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Komal Singh
| Updated: 28 Dec, 2020 | Category: Trademark

The Procedure behind Trademark Renewal in India

Procedure behind Trademark Renewal

India was developing stream and use as a place for performing business and economic activities. Along with this, there is a need for trademark incorporation and more developing – trademarks to be renewed exclusively within every 10 years

Preferably, the renewal for such a trademark must be filed before the trademark tenure’s expiry date. Before the six months, it must be required for the procedure behind trademark renewal application form that must be prepared and filed before the deadline period to enjoy the uninterrupted and constant protection of the trademark without any possibilities of legal proceedings.

In executing such, the trademark renewal extends further another term of the trademark by a decade. This shall be performed by filing and applying the TM-12[1] with the certain prescribed government fee with a sum of amount of Rs. 4000. In case an individual forgets to renew the trademark validity, such mark becomes tends to be abolished and liable to eliminate (though a trademark restoration is also possible).

It may seem to be nothing, in the end, normally; a lot of companies often forget to renew their trademarks. Recently, Sony forgot to renew trademark to one of its games, Bloodborne, risking abdication of the mark absolutely. The procedure behind trademark renewal is crucially key salient to provide the importance and predominant of the trademark to a brand.

An Overview on Procedure Behind Trademark Renewal in India

Trademark registration is authentic for the ten years only, and later it needs to be renewed. In case a company forgets for the trademark renewal and to minimize such things, the registrar sends a notice prior 6 months before the trademark expiration.

After receiving the said notice, if you will not respond to it, the registrar will send you a statement that will clearly states that your trademark shall be removed from the trademark Journal as the trademark will not renew on time. Procedure behind trademark renewal is a lengthy process that takes a minimum time period of 6-12 months after such trademark expiration.

The Necessity for Trademark Renewal

We may find a lot of profits and advantages for renewing a trademark. The holder and owner of the registered trademark hold several rights provided after trademark registration, which are guarded and protected by the law. It prohibits the infringement of such a trademark and provides the remedy for restitution in such infringements.

It allows the holder to transfer the right of trademark to another person or company at their will. The Licensing of trademarks could be possible if the trademark holder has registered their trademark. Therefore a registered trademark effectively and immensely holds monetary advantages

Schedules under the Procedure behind Trademark Renewal

The Trademark Renewal requests can be filed within six months before the expiry date of trademark registration or before the expiry of a trademark’s last registration. The Registrar will send a notice to remind the registered trademark owner concerning the expiration and valid conditions for the payment of trademark renewal fees. If the registration is not done in accordance with the stipulated and verified terms, the registrar is liable to terminate such trademark from the trademark register.

In case one missed the end date for the trademark renewal request, further can be filed within six months after the expiration to the registration of a trademark, or the trademark renewal can be performed the prescribed ways accordingly after the charges of the late filing fee.

The trademark renewal can performed be in two schedules:

trademark renewal can performed be in two schedules
  • Trademark rights holder can apply trademark renewal to change any of the signs  or words that are already existing in the  trademark; or
  • It can be applied for trademark renewal without any change.

Trademark Renewal Procedure and Forms

  • The application of trademark renewal must be drafted in form TM-12
  • The application can be applied either by the registered owner of the trademark or through an authorized agent/representative.
  • It is crucially necessary to guide and help a professional lodge such form for the trademark renewal to ensure that such a mark is well protected. Literally, it happens on an idea & desire to enlarge and deepens the scope of protection. In case your brand has survived for ten years, it would have outgrown the classes where you had first registered it.
  • Filing a trademark renewal application tends the protection by further 10 years. The trademark incorporation is conclusive for next ten years and shall be renewed again before expiry.

Analysis of the Status of Trademark Renewal

It is necessary and mandatory to have periodically checked the trademark renewal application status during the trademark renewal application until the trademark renewal authority processes it. The trademark renewal requires numerous time-bound actions or responses from the aspirant. Therefore, it is essential to check the status on regular basis and take the needed action until the trademark registration.

Trademark Publication

The Trademark Publication is a formal periodical of the Trademarks Registry. If the Trademark Examiner administer that the application is accepted, then the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark. This process is mandated to be in execution for renewing an existing trademark.

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

What if the Trademark Expires?

Company do not apply for the trademark renewal within the specified time limit of six months after the expiry date, there’s still hope, as they can apply for a restoration of such trademark.

Benefits of Having a Trademark

There are three compelling advantages of having a trademark and regularly renewing it. 

  • The registered trademark gives legal protection to debar anyone from copying the business identity by filing a suit of infringement and can also get compensation for illegal usage of the brands.
  • Trademarks are most valuable intangible asset that a company can have. You may earn a substantial license fee once you obtain a symbolic goodwill on your brand in the market.
  • The most important of all the advantage is the unique identity that your brand will bring to you. It is worth protecting and renewing.

Conclusion

Trademark registration is very mandatory for everyone who is in the business. The trademark solely provides the ethical and protective rights to their owner from getting to be used from any outsider competitor. A trademark generally provides a specific tenure of registration in India and after the expiry of such days; you need to renew it for further years to enjoy the benefits of registration.

A trademark is a collection of symbols, sign and identification which clarifies and identifies genuineness of the origin of the product and service about the manufacturer. To protect the hassle free and unnecessary involvement of court rulings against the infringers we need to have our registered trade logo. Vivid ways are provided by the codified law of trademark to protect our interest. CorpBiz shall be at your disposal if you need any assistance needed to comply with the Procedure behind Trademark Renewal in India.

Read our article: Everything you Need to Know about Non-Use Trademark

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Komal Singh

Komal Singh is a Legal scholar, having diverse experience in scripting research papers, articles & dissertations, which serves her main interest & competent in drafting legal documents. She has polished her skills in dealing with the matter related to consumer affairs and now building intelligible Legal Content for Corpbiz.

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