Trademark Renewal
About Trademark Renewal
Steps to Follow while Applying for Renewal or Change in Trademark Renewal
Trademark acts as a distinguisher between the goods or services that are offered from other similar goods or services from a different business. A registered trademark cannot be registered if it is found offensive, lacks distinctiveness and contains government emblems.
However, it is necessary to renew trademark registration as it is has a validity of 10 years. Trademark registration renewal can be done beginning from 6 months before the date of the expiry. A notice for trademark renewal is sent before the date of expiry.
If an individual still fails to renew the trademark then the registrar may remove the trademark from the Trademarks journal. But again this happens only after 12 months after the expiry date. Between 6 and 12 months after the expiry trademark registration can be renewed on payment of a fine through a process called restoration.
Trademark Renewal Procedure
How to Renew a Trademark?
Trademark renewal is of two types:
- There is alteration and change of sign or logo of the registered trademark
- Application is made without any change in the trademark
Here is simplified process:
- The application for trademark registration renewal in the form of TM-R.
- The application can be filed by the registered owner of the trademark or an agent authorized by him.
- By filing a renewal application for trademark , will renew it for another 10 years.
- Checking the status of the application periodically is very important until it is processed by the registrar.
- The trademark journal is the official gazette of the trademark registry which governs the status of accepted or rejected. If the application is accepted then it is advertised in the trademark journal. And the renewal process should begin 3 to 6 months before the expiry of the trademark.
- To file the application Form 18 with the requisite fees. The application is reviewed for the quality before it is finally approved for renewal.
Restoration of Trademark
There can be times that a person forgets to renew their trademark in the given time period. No worries there is still an option available in such cases. In the case of failure to renew one can then try to restore a trademark. Restoration of a trademark is allowed by the Trademark Act, 1999 under Section25 (4) where it allows persons to apply for the restoration of the trademark. Restoration can only be done within one year of the expiry of the registered trademark.
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Trademark Renewal FAQ's
The application for trademark renewal needs to have these documents attached a copy of the registration certificate, power of attorney, ID and address proof of the applicant, and a copy of the TM 1 form.
The trademark registration is an asset for the company under this a word or visual symbol is used by a business to help them distinguish the goods and services from that other similar goods and services. Thus, renewing a trademark is always beneficial.
A trademark renewal application should be made six months before the expiry of the registration. An application is to be made with the payment of fees.
A trademark can be restored after the expiry within 6 months to keep using it. An application is to be made for the same.
The trademark registration helps an individual obtain exclusive rights for the use of words or symbols. Whereas the Trade renewal helps in continuing the ownership and use of the trademark.
Trademark registration is valid for 10 years, the process of renewal begins after the period of expiry.
In case if the trademark registration is not renewed the trademark would be removed from the register and any other person claim and get it registered to their name.
Renewing a trademark does not create any changes in the rights of the trademark owner. A long as the trademark is valid the trademark holder can enjoy all the rights that he or she has acquired while registering.