Trademarks are visual representations such as logos, symbols, or words that serve as distinctive marks for identifying the source of goods or services. These graphical identifiers can be officially registered under the Trademark Act of 1999 with the Trademark registry offices. 

In India, there are five such trademark registry offices located in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad. Once registered, the holder of the trademark is granted exclusive rights to its usage and is legally protected from any infringement by others. Registered trademarks have a validity period of 10 years, after which the owner must submit a renewal application, along with the required fees, to the Trademark Registry to extend the protection for another 10 years. This renewal ensures that the trademark remains legally valid and provides the owner with continued exclusive rights to utilize the mark. If the proprietor fails to renew within the specified timeframe, the trademark may be removed from the register, although there is usually a grace period during which it can be restored.

Additionally, if a trademark remains unused for a period of 5 years, it may be subject to cancellation at the request of another party.

Benefits of Trademark Renewal?

• Preservation of Exclusive Rights: Trademark Renewal ensures that the trademark owner maintains exclusive rights to use the mark, preventing others from using similar marks that could confuse consumers.
• Protection Against Infringement: Renewed trademarks are legally protected against infringement, allowing the owner to take legal action against unauthorized use by competitors or counterfeiters.
• Brand Reputation and Goodwill: Trademark Renewal helps preserve the reputation and goodwill associated with the brand, as consumers recognise and trust trademarks that are consistently protected and maintained.
• Continued Legal Protection: Renewing the trademark provides ongoing legal protection, which is essential for defending the brand’s identity and preventing dilution or loss of rights.
• Safeguarding Intellectual Property Assets: Renewal prevents the loss of valuable intellectual property assets by ensuring the continued validity and enforceability of the trademark.
• Maintains Brand Value: A continuously renewed trademark signifies a well-established brand committed to protecting its identity. This can enhance brand value and consumer trust in your products or services. 

What is the Need for Renewal of Trademarks?

1. Continued Protection: Renewal ensures that the trademark remains legally protected, safeguarding it against unauthorized use by others.
2. Preservation of Rights: Renewal helps preserve the exclusive rights of the trademark owner to use the mark in connection with their goods or services, preventing dilution or loss of rights.
3. Brand Integrity: Renewing the trademark reinforces the brand’s identity and integrity, maintaining its recognition and reputation among consumers.
4. Asset Protection: A registered trademark is a valuable intellectual property asset, and renewal ensures its continued protection and value for the trademark owner.

Documents Required for Trademark Renewal 

1. Copy of Trademark Registration Certificate. 
2. Copy of Trademark Renewal Application Form (TM-R)
3. Copy of the originally filed Trademark Application For (TM-A)
4. Address and proof of ID of the Applicant.
5. Power of Attorney/ Authorization Certificate.

Duration to Renew a Trademark

• According to Rules 57 and 58 in the Trade Mark Rules 2017, renewal can be filed within one year prior to the expiration date.
• According to Rules 63 and 64 in the Trade Mark Rules 2002, renewal can be filed within six months prior to the expiration date.
• Additionally, renewal can also be filed within six months after the expiration date.

Negligence to renew a mark within six months after the date of expiry will lead to the removal of the mark from the Register of Trademarks.

Restoration of Trademark

There can be times that a person forgets to renew their trademark in the given time. No worries, there is still an option available in such cases. In the case of failure, one can then try to restore a trademark. Restoration of a trademark is allowed by the Trademark Act of 1999 under Section 25(4) which allows the person to apply for the restoration of the trademark. 

Restoration can only be done within one year of the expiry of the registered trademark. Restoration of a trademark includes an additional fee over the renewal fee of –

1. 10,000 rupees if done by a person physically,
   1. Or an additional 9,000 rupees if done online. 

FAQs about Trademark Renewal

1. What is a trademark renewal?

• Answer: Trademark renewal extends the legal protection of a registered trademark by filing required documents and paying fees to the trademark office.

2. How often do trademarks need to be renewed?

• Answer: In many jurisdictions, trademarks must be renewed every 10 years, although the renewal period may vary by country.

3. What happens if I don’t renew my trademark?

• Answer: If a trademark is not renewed, it may become abandoned, and the owner could lose their exclusive rights, allowing others to use the same or similar trademark.

4. When should I start the renewal process?

• Answer: Start the renewal process several months before the expiration date.

5. What are the requirements for trademark renewal?

• Answer: Requirements typically include:
  • Completing a renewal application form.
  • Paying the renewal fee.
  • Providing proof of use of the trademark in commerce (in some jurisdictions).

6. How much does it cost to renew a trademark?

• Answer: The cost varies by country and depends on factors like the number of goods or services the trademark covers. Check with the trademark office or a trademark attorney for specific fees.

7. Is the renewal process the same for all types of trademarks?

• Answer: While the basic principles of renewal are similar, there may be specific requirements or variations in the process for different types of trademarks (e.g., collective marks, certification marks).

8. How can I find out when my trademark needs to be renewed?

• Answer: You can find the renewal date on the registration certificate or by checking the registration details with the relevant trademark office. Many offices also send reminders.

9. Do I need a lawyer to renew my trademark?

• Answer: While it’s possible to renew a trademark without a lawyer, consulting with a trademark attorney can ensure the process is handled correctly and that all necessary documentation is submitted.

10. What is a Declaration of Use, and is it required for renewal?

• Answer: A Declaration of Use is a statement confirming that the trademark is being actively used in commerce. In some jurisdictions, this is required to maintain and renew the trademark registration.

TMWALA FOR TRADEMARK RENEWAL

Maintaining your brand’s competitiveness requires that you renew your trademark. But don’t worry we’ll be there for you at every turn!

Having a trademark expert on board is like having a seasoned guide on your trek through the trademark renewal maze. They’ll assist you in comprehending the nuances and making sure you’re ready for every turn.

We simplify the procedure at “TMWALA.” Simply get in touch with us, and our legal experts will handle the rest. They will collect all required information, guide you through the renewal or restoration procedure, and go over any associated costs.

Our staff will get to work as soon as everything is finalized, completing all of the documentation quickly and effectively. Regular updates on the status of your application will keep you informed.

In no time at all, your trademark will be renewed and good to go for an additional ten years! Now let’s begin safeguarding and promoting your brand.