Understanding the Trademark Renewal Process in India

Understanding the Trademark Renewal Process in India

The trademark, once registered is valid only for 10 years, then one has to renew the registration, otherwise, the owner loses the exclusive rights. The renewal has an easy process of filing a form and paying the prescribed fee.

The Trademark renewal procedure ensures that the business is in practice and action.

In case the owner fails to renew the trademark, then he/she shall lose all the security that comes along with enrolment.

How to file Trademark Renewal in India?

If the trademark registration is not renewed, the registrar will issue an advertisement in the Trademark Journal indicating the removal of the trademark. If you do not renew the trademark, exclusive rights to the trademark would be lost.. Hence, you should be cautious with the dates and set a reminder for the trademark renewal. There are three major steps followed in the trademark renewal registration:

• Prepare TM 12: To renew the trademark, you should fill the Trademark form no.12. The person in whose name the trademark is registered, the renewal form must carry the signature of the same person. In case the person is dead or unable to sign due to health reasons, the legal heir of the person must sign the form.

• Pay the Renewal Fees: The next step is to pay the required payments or fees to the Trademark Department. The trademark renewal charges vary class-wise.

• Keep TM Tracking: Once you complete the application TM 12 after paying the trademark renewal fees, it is necessary to track to know whether it is accepted or there is an issue.

What is the Trademark Renewal Period Extension in India?

Trademark Registration has to be renewed every 10 years. The Trademark renewal procedure is to ensure that the business is in practice and action. Moreover, renewal should be made either before six months or after six months from the time of trademark registration renewal.

What are the Advantages of Renewal of Trademark?

There are many benefits to renewing a trademark. They are as follows:

• Registration of the trademark grants the owner of the trademark several rights that are protected by law.

• The trademark registration limits the violation of the trademark and further provides for payment in case of such violations.

• The trademark owner is granted the right to transfer the brand or trademark to another person or company at their will. Licensing of trademarks is only reasonable if the holder of the trademark has filed the trademark, hence a certified trademark holds enormous monetary value.

How to renew a Trademark?

Before the expiry of the trademark registration, the registrar of trademarks will assign you a letter or notice of expiry. When you are going to renew a trademark you have two choices:

1. Renew the trademark after making changes and alterations.

2. Renew the trademark as it is.

After registering the application one has to get the status of the form in case any action is listed to the registration of the trademark. Such restrictions can be registered by any person in the public. While filing for renewal, take note of these factors-

• When the renewal request is accepted the trademark will be issued in the official gazette the trademark journal.

• After publishing, the owner of the trademark has security for another ten years.

• The trademark can be regularly renewed.

The following features are required for trademark renewal:

• A copy or sample of the previous registration certificate

• Copy of form TM-A (a form managed for the original application for filing the trademark)

• ID and address proof of the applicant

• Power of attorney if the candidate is an approved agent or representative

Restoration of Trademark

There are still chances if one fails to renew the trademark. Restoration of a trademark is provided by the Trademark Act, 1999 under Section25 (4) which enables persons to ask for the restoration of the trademark. The restoration process is possible only if it is done within one year of the date of expiry of the certified trademark.