RENEWAL OF A TRADEMARK REGISTRATION

INTRODUCTION

A trademark is more than just a logo or symbol; it is the identity of a business that distinguishes its goods and services from those of competitors. It represents the reputation, quality, and trust a brand has built with its customers. However, the legal protection granted to a registered trademark is not perpetual. Under the Trade Marks Act, 1999, a trademark in India remains valid for a period of ten years and must be renewed periodically to maintain its exclusive rights and protection.

This article provides a detailed overview of the importance of trademark renewal, its validity period, the procedure for renewal, the required documentation and fees, and the timeframe prescribed by law. It also highlights the Registrar’s mandatory notice process and key points every trademark owner should remember to keep their mark active and protected under Indian law.

Renewing a trademark is, therefore, a critical process that ensures uninterrupted ownership and continued legal safeguarding of your brand. Failure to renew within the prescribed timeline could result in the removal of the mark from the register, leading to potential loss of brand identity and business goodwill.

IMPORTANCE OF TRADEMARK RENEWAL

Renewing a trademark is not just a legal formality; it safeguards the rights and privileges granted to the trademark owner. A valid registration ensures:

• Protection Against Infringement: Renewal prevents others from using an identical or deceptively similar mark, thereby protecting the brand’s identity and reputation.
• Legal Ownership and Monetary Value: Only a registered trademark can be transferred, franchised, or licensed to another entity, offering significant commercial benefits.
• Continuous Business Identity: Renewal helps maintain the goodwill and trust a brand has built over the years. Losing a registration could lead to costly legal disputes or even the loss of exclusive brand ownership.

TMWala can assist businesses in ensuring they never miss a renewal deadline by offering timely reminders, expert consultation, and complete support throughout the renewal process, helping you maintain your brand protection without hassle.

VALIDITY AND RENEWAL PERIOD

As per Section 25 of the Trade Marks Act, 1999, a trademark registration in India is valid for ten years from the date of application. The trademark can then be renewed for successive periods of ten years indefinitely, provided the renewal process is completed on time.

The Trade Mark Rules, 2017, implemented by the Government of India on 6th March 2017, further simplified and streamlined the process, promoting digital filing and faster processing.

PROCEDURE FOR TRADEMARK RENEWAL

The renewal process ensures that your mark remains active and protected under Indian law. Here’s a step-by-step overview:

1. Receiving a Renewal Reminder

The Registrar of Trademarks issues a reminder letter six months before the trademark’s expiration date, notifying the proprietor about the upcoming renewal.

2. Choosing a Renewal Option

At the time of renewal, the trademark owner can:

• Renew the existing trademark without any changes, or
• Renew it with alterations or modifications (such as updated logos or revised design elements).

3. Filing Form TM-R

The renewal application must be submitted using Form TM-R. This form can be filed either:

• Physically at the Trademark Registry Office, or
• Online through the official portal of the Indian Patent Office (IPO).

The application can be filed by the registered owner, or through an authorized agent or representative.

4. Examination and Review

Once submitted, the Trademark Registry examines the application to ensure all details and documents are correct and comply with the prescribed rules.

5. Publication in the Trademark Journal

If the application is accepted, the renewal notice is published in the Trademark Journal. This allows the public to view the renewal and file any opposition if necessary.

6. Issuance of Renewal Certificate

Upon successful publication and resolution of any opposition, the Trademark Renewal Certificate is issued. This certificate confirms that the trademark has been renewed for another ten years.

DOCUMENTS REQUIRED FOR TRADEMARK RENEWAL

To initiate the renewal process, the applicant must provide the following documents:

• Duly completed Form TM-R (Renewal Application)
• Copy of the Trademark Registration Certificate
• Copy of Form TM-A (used during the original registration)
• Identity and address proof of the applicant
• Power of Attorney (PoA), if the application is filed by an authorized representative or agent

FEES FOR TRADEMARK RENEWAL

The renewal fee depends on the mode of filing:

• ₹10,000 – for applications submitted physically at the Trademark Office
• ₹9,000 – for applications filed online through e-filing

Choosing the e-filing option is generally faster, more cost-effective, and convenient. With TMWala, businesses can benefit from transparent pricing and professional filing support, minimizing the risk of rejection or delay.

TIMEFRAME FOR FILING TRADEMARK RENEWAL

The renewal process must be completed within the prescribed timeline to avoid penalties or cancellation. The applicable timelines are as follows:

• Within one year before expiry – As per Rules 57 and 58 of the Trade Marks Rules, 2017
• Within six months before expiry – As per Rules 63 and 64 of the Trade Marks Rules, 2002
• Within six months after expiry – Renewal is still possible by paying an additional late fee

Failure to renew within six months after expiry will result in the removal of the trademark from the Register of Trademarks.

REGISTRAR’S MANDATORY NOTICE

Before removing a mark from the register, the Office of the Registrar of Trademarks must issue a mandatory notice to the proprietor, informing them about the upcoming expiry and the deadline for renewal. If the renewal is not completed within the given time, the mark is removedbut can still be restored through the procedure mentioned above.

KEY TAKEAWAYS

• A trademark remains valid for 10 years and must be renewed periodically.
• Renewal ensures continued legal protection, commercial advantage, and exclusive ownership rights.
• Applications can be filed online or physically using Form TM-R.
• Restoration is possible within one year after expiry, subject to additional fees.
• Neglecting renewal for more than a year after expiry results in permanent removal from the register.

CONCLUSION

Renewing a trademark is not merely a procedural requirement but a vital step in safeguarding a brand’s identity, reputation, and legal rights. A valid and renewed trademark allows businesses to continue enjoying exclusive ownership, preventing others from misusing or imitating their brand. It also helps maintain the commercial value of the mark, enabling its transfer, licensing, or franchising opportunities in the future.

By staying mindful of the renewal timelines, submitting the necessary documents, and complying with the prescribed process under the Trade Marks Act, 1999, and Trade Mark Rules, 2017, businesses can ensure uninterrupted protection of their intellectual property. Neglecting renewal could result in unnecessary legal complications or even loss of brand exclusivity. Therefore, timely renewal is not just about compliance; it’s about preserving the legacy and strength of a brand in the marketplace.

TMWala simplifies this process through expert guidance, timely tracking, and hassle-free filingensuring your trademark remains protected at all times.

FAQs

1. How long is a trademark valid?
   A trademark is valid for 10 years and can be renewed indefinitely.
2. When should I renew my trademark?
   Renew up to 1 year before expiry or within 6 months after expiry (late fee applies).
3. How much does renewal cost?
   ₹10,000 for physical filing, ₹9,000 for online filing via platforms like TMWala.
4. What if I miss the renewal deadline?
   You can restore it within 1 year after expiry by paying an additional fee.
5. How can TMWala help?
   TMWala handles filing, documents, and reminders to ensure timely renewal.