phoenixtax April 13, 2023A company uses a trademark to set itself apart from competing businesses that offer comparable products or services. An “R” is used to represent trademark insignia, logos, labels, and names. The Trade Marks Act of 1999 allows for the registration of trademarks. If the trademark is deemed offensive, non-distinctive, or involves official symbols, it cannot be registered.
According to Section 25 of the Trademarks Act of 1999, trademarks are originally registered for a duration of ten years and must be renewed after that. Additionally, in accordance with Rules 57 and 58 of The Trademark Rules of 2017, a trademark application must be submitted within a year of the registered trademark’s expiration date. Additionally, if the renewal deadline for a trademark is missed, the renewal may still be filed within 6 months of the expiration date with a late filing charge.
India is becoming a more popular location for business and economic growth. As a result, trademark registration is increasingly in demand and necessary. These intellectual property rights give companies the ability to safeguard their brand names and identities from being tarnished. They aid businesses in ensuring that their products continue to stand out from those of their rivals. Companies also charge higher fees to license their trademarks to other businesses, making it a different source of money.
Importance of trademark renewal
A trademark is typically valid for ten years. If a trademark owner wants to keep reaping the rewards of having a registered trademark, they must renew their registration according to the guidelines. After every ten years, the owner has the option to renew their respective trademarks, meaning that the trademark can be renewed indefinitely. There are two ways to renew a trademark:
- You can submit a renewal application to alter any symbol or phrase in an already registered trademark; or
- Without making any changes, you can apply for renewal.
The underlying goal of trademarks is served by the benefits that trademark renewal offers to the owner. Among the benefits are:
- Only if you think someone has used your registered brand without your permission can you rapidly demonstrate your rights in court.
- The first step in guaranteeing that your customers can recognize your services or products with your brand is to register your trademark. The law will subsequently prohibit the registration of any other identical terms or catchphrases for products or services.
- Having a trademark can be a very useful intangible asset if you want your business to succeed. Through licensing agreements or even the transfer of ownership to interested or involved parties, many businesses can make enormous amounts of money in royalties.
- After the brand name’s trademark has been renewed, one may profit from infringements on their ownership rights. It offers the brand’s positive reputation and ongoing brand protection.
- If you follow the requirements and renew your trademark on time, you can have flawless trademark protection without any risk of legal action. The renewal of trademarks renders it hard for anybody, except the trademark owner, to assert rights over the registered mark.
- A trademark owner has the sole authority to license or transfer the registered trademark to another party in exchange for financial compensation. You should be aware of it because it means that one can earn from a registered brand as well.
Conditions for renewal
A few filled-out papers and specific documentation must be presented in order to renew a trademark. Which are:
Documents
The following papers must be submitted in order to renew a trademark:
- A duplicate of the certificate of trademark registration.
- A photo ID and the applicant’s address proof are required.
- If the applicant is an authorized representative or agent, they may request a power of attorney.
- A copy of the trademark registration application form (Form TM-A which was used for filing the original application for registering a trademark.)
Forms
The following forms must be submitted together with the required fees for renewing a trademark.
| Form no | Purpose | Cost (physical filing) | Cost (e-filing) |
| TM-R | Application form for the registered proprietor to use to renew a registered trademark | Rs. 10,000 | Rs. 9,000 |
| application for trademark registration renewal with a surcharge | Rs. 5000+ renewal fee | Rs. 4,500 + renewal fee | |
| TM-18 | Supporting affidavit for the case statement |
Timeframe for trademark renewal
The trademark authority has been thoughtful enough to offer numerous possibilities to submit a renewal application. There are three phases to the filing process for renewing a trademark. These consist of:
- In accordance with Rules 57 and 58 of the 2017 Trademark Rules, the renewal may be submitted up to a year before the expiration date.
- According to Rules 63 and 64 of the Trademark Rules 2002, the renewal may be submitted within six months after the expiration date.
- The renewal may also be submitted within six months of the registered trademark’s expiration date.
The steps to be taken for renewal
Any of the following actions can be taken by the owner or an authorized agent acting on their behalf in order to renew an expired trademark:
Application Submission
Step 1:
First, the owner or the authorized agent must submit the TM-R application form, along with the pertinent materials listed above, along with the required costs. You may get the comprehensive instructions for filling out the TM-R Form here.
Step 2:
The owner must pay the additional surcharge fees mentioned above in addition to the renewal official fees if the application is submitted within the 6-month grace period following the expiration of the trademark.
Step 3:
Since the renewal process takes months to complete, the filing should be started six months before the expiration date.
Step 4:
To warn the owner of the impending expiration date, the trademark registrar is required to send RG-3 notices 1-3 months before the expiration date. The aforementioned notice is crucial, and the registrar will not be permitted to remove an expired trademark from the registers if it is not supplied by the trademark office.
Checking the application’s status
- After submitting the application form, the owner is expected to periodically check on the application’s status because there are a number of time-sensitive tasks that must be completed by the applicant on behalf of the trademark registry.
- Until the register has completed the application procedure, including the formality verification of the application’s quality and other inspections, the process of the status check must be observed continuously.
Effects of not renewing the trademark
- Negative results follow from failing to renew the trademark. The registrar has the authority to remove the trademark from the register if the owner doesn’t submit an application within the required window of time or pay the required fees.
- The aforementioned criteria may only be carried out when the registrar has given advance notice by publishing a notice in the Trademark Journal announcing the intention to remove the trademark from the register.
- The owner loses all rights related to the trademark when it is struck from the register. The ability to submit a claim for infringement and defend the brand against rival companies would be excluded from the scope of the owner’s rights.
- However, the trademark office has been thoughtful enough to offer restoration as a second opportunity. If the owner of the trademark fails to renew it even within six months of its expiration, the owner is free to file for the trademark’s restoration after six months but before one year has passed.
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