Trademark Renewal : Guide, How To Renew and Steps To Be Followed
India is now becoming a destination for international trade that is expanding quickly. The demand for trademark registration in India is increasing daily as a result of the nation’s tremendous growth in business and commerce. A trademark is a term, symbol, sign, or combination of words that is registered or authorized for use in identifying the particular goods or services of an organization or corporation.
When a registered trademark is used improperly, the company has the right to file a lawsuit to stop trademark infringement. The most important component for the company is the registration of a trademark. Following the company’s incorporation, the company’s trademark should be registered with the trademark registrar. Only ten years are allowed for the registration of a trademark.
As a result, the authorized Company must regularly renew the Trademark in order to maintain the Trademark’s related rights. If the company does not submit an application for trademark renewal, it may submit an application for trademark restoration. We will go through the step-by-step process for trademark renewal in India in this post.
In India, the trademark renewal procedure must start at least six months before the applicant’s trademark registration is set to expire. The authorized owner of a registered trademark can maintain it everlasting and permanent by renewing their trademark. The owner of a registered trademark may renew it in India as often and for as long as they would want to maintain its position as active and registered.
The authorized owner of the registered trademark will lose the registration and consequently be responsible for any negative consequences if they don’t pay the required fees within the allotted time frame in India for trademark renewal.
How do trademarks work?
The primary purpose of a trademark is to distinguish the goods and services that a trader or business provides from those that are provided by other merchants or entities. Hence, a Trademark is an essential part of any company or business. It identifies a merchant and informs clients that the goods and services bearing the mark are obtained from a unique source that can be distinguished from other suppliers of those goods and services.
Trademarks and service marks are frequently both referred to as trademarks. The difference between a service mark and a trademark is really slight, because these marks are substantially the same. A trademark stimulates the sale of products or services, whereas a service mark encourages the sale of services. Service marks are typically referred to as either trademarks or trade dress. The opposite, however, is untrue, and a mark that is affixed to items cannot be referred to as a service mark.
What advantages does trademark renewal in India offer?
The following are some advantages of trademark renewal in India:
Defense against any pointless legal action: The authorized owners of the trademark will avoid the likelihood of any type of pointless litigation by periodic trademark renewal in India. The Renewal renders it difficult for anybody other than the registered owner of the trademark to assert any rights in the trademark.
The safety of the brand: The Brand Name will continue to enjoy unimpeded protection from other market competitors thanks to the Trademark Renewal online in India. If the deadline to submit an application for renewal has passed, the Brand Name will really lose its legal protection.
Extends Ownership Rights: The applicant is qualified to receive protection against trademark infringement in India. After each Trademark Renewal in India, the authorized owner’s exclusive rights over the registered Trademark are extended for a further ten years.
Financial Returns:The exclusive authority to transfer or grant a license to use a trademark that has been registered in India belongs to its owner. In exchange for payment to the legitimate owner of the registered trademark, the assignment and licensing of a trademark are granted to another party. As a result, the owner of the registered trademark in India may profit in some way.
There are 2 methods for renewing a trademark in India:
In India, a request for a trademark renewal without any changes
Application for Renewal of Trademark with Modification of Sign or Words in an Existing Registered Trademark in India
The steps for renewing a trademark in India are as follows:
In India, a Form TM-12 application must be submitted in order to renew a trademark.
The registered owner of the vehicle must submit the application.
Trademark or by a representative duly appointed by the owner.
It is advisable to get expert assistance while submitting an application for a trademark renewal period in India. The advice of experts will guarantee that the Trademark is effectively protected.
Check the application’s status
Before the Registrar of Trademarks processes the application for Trademark Renewal, it is crucial to periodically check on the progress of the filed application.
The applicant of the registered trademark may occasionally be required to provide certain time-bound replies or activities as part of the trademark renewal process in India.
Publicity in the Trademark Journal
The Trademark Journal is an official publication of the Trademarks Registry that announces the acceptance or rejection of a trademark registration application.
If the Registrar of Trademarks determines that the submitted application is appropriate, the trademark is formally published in the Registry’s Journal of Trademarks.
The third party is given the chance to oppose the registration of a trademark when the application is published in the Trademark Journal at the Registry. If a trademark has already been registered and is currently in use in India, there is no need to go through the trademark opposition process.
There are serious repercussions if the registered trademark is not renewed. The Registrar is empowered to remove the Trademark from the Register of Trademarks if the application for Trademark Renewal in India is not submitted or the required renewal costs are not paid by the registered owner of the registered Trademark. A notice of the Registrar’s intention to withdraw the registered Trademark from the Register of Trademarks must be published in the Journal of Trademark before the Trademark is removed from the Register of Trademarks.
The authorized owner of the trademark, as well as the other person who has been assigned or licensed with the registered Trademark, are all impacted by the failure to renew the Trademark. The legal standing of the registered trademark’s authorized owner is further weakened by its non-renewal.
The authorized owner of the trademark receives the benefit of exclusivity thanks to the trademark registration. The registered owner of a trademark is shielded from accusations of trademark infringement. The key advantage of trademark renewal in India is that no one else is permitted to use your trademark, which negatively impacts its market value and reputation.
As a result, the Trademark Act of 1999 in India provides a second opportunity to renew the Trademark through the Restoration of Trademark.
Notice required to be sent by the Office of the Registrar of Trademarks
Six months before the renewal date, the Office of the Registrar of Trademarks will send the trademark owner a note letting them know. The trademark will be deleted from the Register of Trademarks if it is not renewed within the allotted term.
The Trademark may, however, be reinstated by submitting an application and the necessary price.
The Details of Indian Trademark Renewal
According to Section 25 of the Trademarks Act of 1999, trademarks are originally registered for a duration of ten years and must be renewed after that.
Additionally, in accordance with Rules 57 and 58 of The Trademark Rules of 2017, a renewal application for a trademark must be submitted within a year of the registered trademark’s expiration date.
Additionally, if the deadline for trademark renewal is missed, the renewal may still be submitted within 6 months of the expiration date with a late filing charge.
When you renew your trademark, it spreads your company’s mission, identity, and distinctive qualities across a prolonged period of time. Young people with talent naturally want to be connected with such reputable companies. Additionally, competent human resources will be more likely to work for your company if you have a great brand image. In a way, consistently renewing your trademark will ultimately cut down on the expense of finding and keeping qualified employees.
Why choose Lex N Tax Associates For Your Trademark Renewal?
With our help at Lex N Tax, you may renew your trademark in only 3 simple actions and get all the help you need from the best trademark renewal services. With the assistance of our professionals and our lightning-fast online platform, you can easily submit all the required paperwork, pay the trademark renewal fees via our secure channel, and have your trademark renewed in just a few days!