Introduction

Renewing a trademark is crucial for maintaining the exclusive rights to your brand name, logo, or symbol. In India, trademark registration is valid for ten years from the date of registration, after which it must be renewed to continue enjoying its benefits. The renewal process involves several steps, and timely action ensures that the trademark remains protected without any legal complications.

In this detailed guide, we’ll walk through the entire process of trademark renewal in India, ensuring clarity and ease of understanding.

Why is Trademark Renewal Necessary?

Trademark renewal is essential for the following reasons:

1. Continued Legal Protection: Renewal ensures that the trademark remains legally protected and enforceable.

2. Prevention of Misuse: Without renewal, competitors can exploit the brand name.

3. Asset Preservation: A trademark is an intellectual property asset that adds value to the business.

4. Market Reputation: It maintains consumer trust and brand recognition.

When to Start the Renewal Process

The trademark renewal process can begin six months before the expiration date of the trademark. Failing to renew within the stipulated time can lead to additional fees, and after a year of non-renewal, the trademark may be removed from the register.

Key Timelines:

1. 6 months before expiry: Start the renewal process.

2. Expiry date: Last date for timely renewal.

3. 6 months after expiry: Renewal with late fees.

4. 1 year after expiry: Restoration of the trademark.

Step-by-Step Process for Trademark Renewal

1. Preparation for Renewal

Before initiating the renewal process, it’s essential to gather the required documentation and verify trademark details.

Documents Required:

• Trademark Registration Certificate.
• Trademark Application Number.
• Power of Attorney (if an agent is filing on behalf of the owner).
• Identity and address proof of the trademark owner.

2. Filing Form TM-R

To renew a trademark, the applicant must submit Form TM-R to the Trademark Registrar.

Details Required:

• Trademark Registration Number.
• Owner’s name and address.
• Type of renewal (standard renewal or renewal with changes).

3. Payment of Fees

The renewal fee for a trademark in India is as follows:

• Timely Renewal: INR 9,000 (online) or INR 10,000 (physical filing).
• Late Renewal: Additional surcharge for delayed filing.

4. Examination by Registrar

Once the application is filed, the Trademark Registrar examines the application for completeness and accuracy. If any discrepancies are found, an objection may be raised, requiring clarification or correction.

5. Publication in the Trademark Journal

Upon successful verification, the trademark is published in the Trademark Journal. This publication ensures transparency and allows any third party to oppose the renewal if they have valid grounds.

6. Issuance of Renewal Certificate

If no opposition is raised, the trademark is renewed, and the Trademark Renewal Certificate is issued. This certificate extends the validity of the trademark for another ten years.

7. Updating Records

After renewal, it’s essential to update company records, websites, and official communications to reflect the renewed trademark status.

Trademark Renewal with Modifications

Trademark owners can request changes during the renewal process, such as:

1. Change of Address: If the owner’s address has changed.

2. Alteration of Trademark: Minor modifications in design or logo.

3. Transfer of Ownership: If the trademark ownership has changed.

Such modifications require additional documentation and fees.

Consequences of Non-Renewal

Failure to renew a trademark can lead to:

1. Loss of Rights: The trademark is removed from the register.

2. Brand Vulnerability: Competitors can register a similar mark.

3. Additional Costs: Restoration requires higher fees and documentation.

4. Market Confusion: Loss of consumer trust and brand identity.

How to Restore a Lapsed Trademark

If the trademark is not renewed within the six-month grace period, restoration can be requested by filing Form TM-13 along with the prescribed fee.

Key Steps for Restoration:

1. File Form TM-13 within one year after expiry.

2. Provide a valid reason for non-renewal.

3. Pay restoration fees (INR 9,000 online or INR 10,000 physical).

Upon successful verification, the trademark is restored and renewed for another ten years.

How ASK ASSOCIATES Can Help

ASK ASSOCIATES simplifies the trademark renewal process by:

1. Tracking Deadlines: Automated reminders for upcoming renewals.

2. Documentation Support: Assistance in preparing and filing Form TM-R.

3. Error-Free Filing: Ensuring accurate submission to avoid objections.

4. Modification Handling: Managing any requested changes during renewal.

5. Post-Renewal Support: Providing the renewal certificate and updating records.

With ASK ASSOCIATES, clients can rest assured that their trademarks remain protected without the hassle of complex paperwork or missed deadlines.

Conclusion

Trademark renewal is a critical process for safeguarding brand identity and ensuring continuous legal protection. By understanding the step-by-step process and seeking expert assistance from ASK ASSOCIATES, businesses can maintain their trademarks effortlessly and focus on their core operations. Timely renewal not only protects intellectual property but also strengthens the brand’s market position.