Introduction

Understanding the difference between trademark renewal and re-registration is crucial for brand owners. Both processes aim to protect intellectual property, but they differ in terms of timing, purpose, and consequences. While renewal ensures the continuation of an existing trademark, re-registration involves applying for a new trademark after the original one has lapsed.

In this detailed guide, we’ll explore the key differences, processes, and implications of trademark renewal and re-registration in India.

What is Trademark Renewal?

Trademark renewal is the process of extending the validity of an existing trademark for another ten years. In India, trademarks are initially registered for ten years and can be renewed indefinitely as long as the renewal fees are paid.

Key Features of Trademark Renewal:

1. Continuity of Rights: Renewal preserves the exclusive rights of the trademark owner.

2. No Changes in Trademark: The trademark remains the same unless modifications are requested.

3. Timely Action Required: Renewal must be completed before the expiry date or within six months after expiry with a late fee.

Documents Required for Renewal:

• Trademark Registration Certificate
• Trademark Application Number
• Power of Attorney (if filed by an agent)
• Identity and address proof of the trademark owner

Renewal Fee: INR 9,000 (online) or INR 10,000 (physical filing).

What is Trademark Re-Registration?

Trademark re-registration refers to the process of applying for a new trademark after the previous one has expired and was not renewed within the stipulated time. It involves submitting a fresh application and going through the entire registration process again.

Key Features of Trademark Re-Registration:

1. Loss of Priority Rights: Re-registration treats the trademark as a new application, losing historical rights.

2. Fresh Examination: The application undergoes scrutiny, publication, and opposition phases.

3. Higher Cost: Re-registration incurs full registration fees, unlike renewal.

Documents Required for Re-Registration:

• Fresh Trademark Application (Form TM-A)
• Trademark Design or Logo
• Applicant’s Identity and Address Proof
• Power of Attorney (if filed by an agent)

Re-Registration Fee: INR 9,000 (online) or INR 10,000 (physical filing).

Key Differences Between Trademark Renewal and Re-Registration

Process of Trademark Renewal

1. Prepare Documents: Gather the trademark registration certificate, application number, and owner details.

2. File Form TM-R: Submit the renewal application with the prescribed fee.

3. Examination: The Trademark Registrar verifies the application.

4. Journal Publication: The renewed trademark is published in the Trademark Journal.

5. Issuance of Renewal Certificate: Upon approval, the renewal certificate is issued.

Timeline: 1 to 3 months if filed on time.

Process of Trademark Re-Registration

1. Conduct a Trademark Search: Ensure the mark is still available for registration.

2. File Form TM-A: Submit a fresh trademark application with details and logo.

3. Examination: The application undergoes scrutiny for conflicts and errors.

4. Publication in Journal: The trademark is published for opposition.

5. Registration Certificate: If no opposition arises, the trademark is registered.

Timeline: 6 to 12 months, depending on opposition and examination outcomes.

Consequences of Non-Renewal

Failure to renew a trademark leads to:

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

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

3. Higher Costs: Re-registration incurs full fees and effort.

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

How to Choose Between Renewal and Re-Registration

1. Renewal: Choose renewal if the trademark is still valid or within the six-month grace period.

2. Re-Registration: Opt for re-registration if the trademark has expired and was removed from the register.

Recommendation: Always prioritize renewal to maintain rights and avoid re-registration hassles.

How ASK ASSOCIATES Can Help

ASK ASSOCIATES simplifies both trademark renewal and re-registration by:

1. Deadline Tracking: Automated reminders for timely renewal.

2. Documentation Support: Assisting with Form TM-R or TM-A filing.

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

4. Post-Renewal Support: Providing renewal certificates and updating records.

With ASK ASSOCIATES, clients can secure their trademarks effortlessly, ensuring uninterrupted brand protection.

Conclusion

Understanding the difference between trademark renewal and re-registration helps businesses protect their intellectual property effectively. While renewal ensures continuity, re-registration involves starting from scratch. With expert guidance from ASK ASSOCIATES, businesses can navigate both processes seamlessly and safeguard their brand identity for years to come.