Trademark Renewal: Also know how to restore the trademark

Trademarks are distinctive visual identifiers that help the consumers find out and recognize the business or individual responsible for the production of the products or services. These marks may be registered with the Trademark Registry Offices by the Trademark Act of 1999. Know the importance of trademark renewal through this article.

India has five such trademark registration offices: Ahmedabad, Delhi, Mumbai, Kolkata, and Chennai. When a trademark is registered, its owner receives rights and legal protection against third parties from violation of rights.

What is the need for renewal of Trademark?

The renewal of trademark has a lot of benefits. The owner of the trademark receives several legally protected rights upon registration of trademark. It protects against trademark infringement and offers compensation if one occurs.

Additionally, it also gives the holder the freedom to assign the trademark to any other individual or business. A registered trademark has vital financial worth as trademark licensing is only feasible if the holder of the brand has done the registration of Trademark.

How to do Trademark Renewal?

A trademark that has been registered has a 10-year expiration date and that must be renewed. Six months before the trademark expires, the registrar of trademarks will send you a letter reminding you about its expiration. There are two choices available to you when renewing a trademark:

  1. Renew the trademark exactly as it is; or
  2. Renew the trademark with modifications if preferred.

The TM-R form is used to apply for the trademark renewal.
The application can be submitted by an approved representative or agency; the registered owner of the trademark does need not to file it.

If a trademark registration objection is lodged, one must monitor the application’s status after filing.

  • The trademark will be published in the Trademark Journal, the official gazette, upon approval of the submitted application.
  • The trademark owner is protected for an additional 10 years if the trademark has been published.
  • The trademark may be renewed indefinitely.
  • The cost of a trademark renewal varies depending on whether it was completed online or offline (In hand).

What are the conditions to renew a trademark?

What are the conditions to renew trademark
  • Proof of identity and address proof.
  • Copy of the registration certificate.
  • A copy of form TM-A (the form that was used for the initial application to register the trademark).
  • and a power of attorney if the applicant is acting as an agent or an authorized representative.

How to restore the trademark?

Sometimes their chances to fail to renew their trademark within the allotted time. In these situations, there is still a choice to renew. If a trademark is not renewed, it may then be attempted to be restored. The Trademark Act, of 1999 permits trademark restoration under Section 25(4), which enables anyone to apply for trademark restoration.

Restoration is only possible up to a year after the registered trademark expires. In addition to the renewal charge, the restoration of a trademark should pay an extra INR 10,000* if done in person or an extra INR 9000* if done online.

*Trademark Registration price may vary depending on the location.

FAQs
1. When should a trademark owner initiate the renewal process for their trademark?

Trademark possessors should initiate the renewal process well in advance of the expiration date, generally between 6 to 12 months before the current registration term expires.

2. What’s the primary purpose of renewing a trademark registration?

The primary purpose of renewing a trademark registration is to maintain the exclusive rights and protections associated with the mark. Renewal ensures that the trademark remains in force and continues to be a valid and enforceable asset for the owner.

3. What attestation is generally needed for the renewal of a trademark?

The attestation needed for trademark renewal generally includes a completed renewal operation, payment of the renewal figure, and substantiation of the trademark’s continued use in commerce. Also, some authorities may bear an instance of current use.

4. Can a trademark be renewed indefinitely, or are there limitations?

In numerous authorities, trademarks can be renewed indefinitely as long as the owner continues to meet the renewal conditions. Still, some authorities may put certain limitations, such as taking evidence of ongoing use or assessing fresh renewal freights for extended terms.

5. What consequences could a trademark owner face if they fail to renew their trademark on time?

If a trademark owner fails to renew their trademark on time, they may lose the exclusive rights associated with the mark. This can affect the mark getting available for others to use, potentially leading to violation issues or loss of brand identity. Late renewals may also dodge fresh freights or conditions for reinstatement, depending on the governance.

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