Trademark Renewal

A Trademark provides security to the identity of a business. It is an exclusive right to use certain text, images, colour, sound etc., which has become a business entity's unique identity. Such trademarks are registered through the Registrar of Trademarks, but after every ten years, this trademark registration needs to be renewed. Non-renewal of such trademarks will threaten businesses as they may lose it to someone else who can further enjoy the undue advantages associated with the trademark.

Who can Renew a Trademark?

Trademark Registration in India can be renewed after nine years of the date of registration because this is when only twelve months are left for your trademark to expire. And as per the Trademark Rules, you can file the application for the renewal of the trademark when only one year or less is left before its expiration. Even if this period is over, you can restore your trademark. It is further described how you can restore the trademark removed from the register of the trademark.

Issuing Authority for Renewal of Trademark in India

The Controller General of Patents, Designs and Trademarks examines the application for trademark registration and renewal and grants the applicant the right to use such trademark. The Government of India appoints him and is also known as the Registrar of Trademarks.

Renewing your trademark provides a wide range of legal and business benefits that ensure continued brand safety and market exclusiveness. Timely certification renewal safeguards the rights allowed during the initial trademark registration and develops the trust and value of the recognized brand in the market.

• Continued Legal Protection: Trademark renewal prolongs the legal rights initially granted under trademark registration. This means that the owner has the limited right to use the mark and can take legal action against any infringement or illegal use.
• Extended Brand Exclusivity: Renewal of certification confirms that your trademark differentiates your goods or services from those of others. This maintains brand integrity and averts competitors from using similar marks which could confuse consumers.
• Avoids Legal Complications: Trademark renewal avoids cancellation or removal from the official registry. It abolishes the requirement for legal proceedings to restore failed rights, saving both time and money.
• Enables Global Registration and Recognition: An active and renewed trademark is often a requirement for seeking international protection. This simplifies the trademark registration process under global conventions such as the Madrid Protocol.
• Facilitates Licensing and Franchising: A valid trademark can be a treasured business asset. With regular certification renewals, you may be able to license or franchise your brand, creating new revenue streams and business opportunities.

You must have the following documents ready when applying for the renewal of Trademark in India. The necessary documents are as follows-

• Form TM-R for the Trademark Renewal
• Copy of the Trade Mark registration Certificate issued by the Registrar
• Copy of form TM-A (the form used for the original application for registering the trademark)
• PAN Card and Address Proof of Applicant
• Business Registration
• Power of attorney in case an agent is involved

The trademark renewal process is systematic and governed by the rules under the Trademark Act. To ensure uninterrupted protection, it is advisable to start the renewal process before the expiry date.

• Trademark Audit and Status Check: Start by checking the current status of your trademark registration and validating the expiration date. This makes sure you plan the renewal process timely and efficiently.
• Filing of Renewal Application (Form TM-R): Submit the renewal application using Form TM-R with accurate details of the registered trademark. The application can be filed either by the trademark owner or an authorized trademark attorney or agent.
• Payment of Government and Professional Fees: The application must be attended by the applicable government fees. If you are late in filing, additional fees will be charged. Hiring a professional can help ensure proper fee calculation and deposit.
• Examination and Processing by Trademark Registry: After submission, the Trademark Registry checks the application for accuracy. If any discrepancy or objection is found, a notice is issued to the applicant to be addressed immediately.
• Issuance of Renewal Certificate: Once approval is received, the Registrar issues a Trademark Renewal Certificate. This document prolongs the validity of the trademark by another 10 years, thereby increasing its protection and enforceability.

A registered trademark is valid for a period of ten years from the date of registration. After successful renewal, the trademark gets an additional ten years of protection. There is no limit as to the number of times a trademark may be renewed, provided it is done within the given timelines. Regular renewal confirms that the trademark stays active and enforceable, permitting businesses to build enduring brand reputation and trust in the marketplace.

The trademark renewal will cost you Rs. 10,000 if you renew it on time, but if you are late and do not renew it within ten years, you must pay additional five thousand rupees as a late fee, and the total trademark renewal fee will be Rs. 15,000. Suppose you only applied for trademark renewal within an extended period. In that case, it will be removed from the register, which can be restored with the application for restoration, and it will cost you Rs. 20,000.

Corpseed is a top consultancy firm providing reliable and end-to-end assistance in compliance, intellectual property management and trademark registration services. When it comes to trademark renewal, Corpseed ensures a seamless and compliant process tailored to your specific business requirements.

• Comprehensive Documentation Support: Our experts assist in compiling, preparing, and organizing all the necessary documents required for trademark renewal, minimizing errors and ensuring full compliance with trademark laws.
• Accurate Application Filing: We handle the complete filing process of Form TM-R and other necessary steps with precision, minimizing delays and avoiding rejection due to technical issues.
• Legal and Strategic Advisory: We provide in-depth legal consultation on certification renewal, brand protection, and ownership rights, helping you make informed decisions for your trademark.
• Deadline Tracking and Alerts: Our team proactively monitor trademark expiration timelines and provide timely renewal reminders, helping you avoid penalties and lapses in legal protection.