Overview of Trademark Renewal

A Trademark is an important resource that characterizes businesses and their offerings in a crowded marketplace. In any case, the importance of trademarks doesn’t conclude with their registration; they require periodic renewal to keep up their legal protection. The right to renew the validity of a trademark every ten years shall be enjoyed by its owners. The Registrar will grant a six months' grace period in which the trademark holder may renew their mark and retain its advantages by the end of those 10 years. If the renewal has not yet taken place, the Registrar will announce the mark's removal in the Trademark Journal.

The importance of trademark renewal, legal requirements, necessary paperwork, the renewal process, and the repercussions of not renewing within the allotted time are all covered in this guide. Keep perusing this guide to learn more about Trademark renewal.

Laws Regarding the Renewal of Trademarks

The renewal of the trade mark is an essential process in accordance with the Trade Marks Act, 1999 to safeguard its protection. The relevant measures and provisions concerning this are laid down in the legal framework provided for by the Act. This section focuses on the trademark's validity period, renewal procedures, and consequences if it is not renewed.

The Act's legal framework lays forth the pertinent policies and procedures pertaining to this. We will examine the mark's duration, choices for renewal and removal, and the consequences of not renewing the mark in this section.

To maintain strong trademark security in the highly demanding Indian market, owners of brands need to be aware of and comply with these regulatory requirements.

Time Limit:
Every ten years, trademark owners are able to renew their marks under Section 25 of the Trade Marks Act 1999. Trademark holders have six extra months to renew their trademark and keep receiving its benefits before the ten-year period ends. The trademark will be cancelled and announced by the registry in Trademarks magazine if the renewal attempt fails.

Trademark Renewal:
In accordance with Section 25 of the Trade Marks Act 1999, a registered trade mark may be renewed between ten years of the date of the prior renewal or the original registration's expiration. To start the renewal procedure, the trademark owner must legally file the mark with the trademark registration. Additionally, they have to guarantee that the renewal is completed on schedule and in accordance with all relevant laws.

Removal of the Mark:
In accordance with Section 25 of the Trade Marks Act 1999, the Registry is required to notify the registered proprietor of the trade mark's expiration date and renewal period before the trade mark's final registration expires. Where renewal conditions are not met in a timely manner, the Registry shall be authorised to delete any trade mark from the register. However, the law provides for a grace period of six months from the date on which the proprietor is entitled to renew its trade mark by paying an additional fee.

Moreover, if the registration has been withdrawn from the register due to nonpayment of the renewal price, the owner may submit an application for restoration within a year of its expiration. After receiving an application and payment of the required fee, the Registrar may, at its discretion, reclaim the trademark and renew its registration according to any conditions or criteria.

Importance of Renewing Trademark

A trademark renewal has several benefits, including

Upon registration, the owner of a trade mark is granted several legal rights.
In the event of such an occurrence, it shall ensure that trademark infringement is avoided and compensated.
It establishes your own identity and offers business opportunities.

Moreover, it gives the owner of the trademark the freedom to transfer it to any other individual or business at any moment. As long as the mark's owner has registered it, licensing can be obtained because a registered trademark has significant financial worth.

Methods for Renew Your Brand

There are two primary ways to renew a trademark:

Renew with modifications:
During renewal of the trademark, you can update specific signs or words on your existing mark.

Renewing without modification:
This option allows the trademark to be renewed, keeping its current text and design.

Important Records

When submitting the TM-12 renewal form to the Registrar of Trademarks (RoT) to renew a registered trademark, the following documents need to be included:

A certified copy of the original trademark registration certificate.
An authenticated duplicate of the TM-A document was utilized in the original trademark filing.
The applicant's proof of identity.
Evidence of the applicant's residency.
In the event that the applicant is acting on behalf of the trademark owner, a Power of Attorney is needed.

Forms Required for Renewing a Trademark

India's Procedure for Renewing a Trademark

The lengthy process of renewing a trademark in India guarantees that your brand will be safeguarded constantly. A brief overview of the steps involved and supporting documentation is given here:

Submission of the application
Complete and submit the TM-R form to the Trademark Register. Provide details such as the following:

Trademark registration number
Current status of trademark
Contact details of the Applicant

Evaluating and reassessing
The brand's ability to be renewed will be based on both its current validity and whether it meets the renewal criteria. In case of disputes, the Registry will communicate its concerns and may ask the applicant to provide a response within a set timeframe.

Notification in the Trademark Journal
The information about the renewed mark will be available for four months in the Trademark Journal following the resolution of any issues. Third parties have this window of time to voice any objections. The applicant must deal with the complaint immediately if there is a complaint. A hearing may be held to determine and resolve the matter if it is still not resolved.

Issuance of renewal certificate
The Registry shall issue a trademark renewal certificate following the designated publication period and after an amicable resolution of potential disputes. The renewed status of your trademark, valid for a further decade, is confirmed by this document.

Renewing Trademark’ Restoration

The idea of restoration is stipulated in Section 25(4) of the 1999 Trademark Act. In accordance with this Article, if the owner wishes to regain a trademark which has expired in good time, they may submit an application for its restoration. The application may be submitted after six months, but no later than one year after the expiry of the period.

A trademark's restoration provides the owner with another cha nce. It takes effect when the owner fails to renew their trademark within the allotted period.

The process of restoring a trademark also renews it for an additional ten years. The registrar must, however, consider the interests of all parties involved throughout the restoration procedure.

Outcomes of Non-Renewal of a Trademark

Exceptionally unfavourable results will arise if the trade mark is not renewed. The trademark proprietor risks having their trademark removed from the register by the registrar if they do not pay the required fees or do not submit their application within the required time allotment.

In any case, the registrar must to begin with deliver notice by publishing a declaration in the Trademark Journal about their intention to remove the trademark before they can take this activity. The owner of a trademark gives up all related rights when it is taken out of the register. This involves the capacity to report infringement and defend the brand against rivals.

Luckily, the Trademark office provides a restoration process that allows for a second opportunity. Within a year following the trademark's expiration, the owner still has the chance to restore it if they don't renew it- not even within six months after it does.

Why Choose Aperio Fincraft?

Aperio Fincraft is one of India's leading legal advisory firms and provides a wide range of services in the field of trademark registration. In order to protect your business, it is easy to register a trademark. To protect your company's identity, use the trademark services offered by Aperio Fincraft . Just focus on your business, and we'll take care of the trademark renewal. When it comes to trademark renewal, our experts are the most reliable and easiest to work with. With Aperio Fincraft , sign your trademark virtually and anywhere in the world. Please contact us immediately if you are interested in renewing a trademark.

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