Trademark Renewal

A trademark is an intellectual property asset that builds brand identity, credibility, and loyalty among consumers. It can be a unique symbol, word, logo, or phrase that distinguishes a company's goods or services from others in the market. Registering a trademark provides exclusive rights to its owner, enabling them to legally protect their brand from misuse or infringement. However, this protection is not indefinite and requires periodic renewal to maintain its legal status. Timely renewal ensures the continuation of exclusive rights and prevents third parties from using a similar mark. Failing to renew the trademark can result in its removal from the Trademark Register, leading to the loss of legal protection and brand identity.

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Trademark Renewal

Trademark renewal is the legal process of extending the protection period of a registered trademark. In India, a trademark is initially valid for 10 years, and to maintain its rights and exclusivity, it must be renewed every 10 years. Renewal ensures that the trademark owner continues to enjoy the legal protection and exclusive rights associated with the mark, preventing others from using or infringing upon it.

The provision for trademark renewal in India falls under Section 25 of the Trade Marks Act, 1999. According to this provision:

1. A registered trademark is valid for 10 years from the date of application.
2. The owner must apply for renewal six months before the expiry date.
3. If the renewal is not done within this period, there is an additional grace period of six months (after the expiry date) to renew the trademark with an additional surcharge.
4. If not renewed within this extended period, the trademark is liable to be removed from the register, but it can be restored with extra fees.

Thus, timely renewal under this provision ensures the uninterrupted protection of the brand.

Importance of Trademark Renewal

Trademark renewal is essential to retain the exclusive rights over the brand identity and prevent any third party from using a similar mark. Failure to renew can result in the cancellation of the trademark, leading to potential legal challenges and loss of brand protection. Regular renewal ensures:

1. Continuous Legal Protection: Renewing the trademark keeps it protected under the law.

2. Prevention of Third-Party Use: It prevents others from registering or using the trademark without authorization.

3. Reputation Maintenance: Retaining the trademark sustains the brand's value and goodwill in the market.

Documents required for Trademark Renewal

The following documents are typically required for filing a trademark renewal application:

1. Copy of the Trademark Registration Certificate: This serves as proof of the original registration.

2. Form TM-R: This is the prescribed application form for renewal.

3. Power of Attorney (if applicable): If the renewal application is filed by an agent or attorney on behalf of the trademark owner, this document is required.

4. Proof of Identity and Address: These documents are necessary to verify the identity of the trademark owner or authorized agent.

Process of Trademark Renewal

The process of trademark renewal in India is straightforward and can be completed online or offline.

Step1. Filing the Renewal Application

The applicant needs to file Form TM-R, which is the application for renewal.

1. The applicant needs to file Form TM-R, which is the application for renewal.

Step2. Examination by Trademark Office

1. Once the renewal application is filed, the Trademark Registrar will review the application and verify the details.
2. The Registrar may publish the renewal in the Trademark Journal after verifying that all requirements have been met.

Step3. Confirmation of Renewal

1. Upon successful renewal, a renewal certificate is issued to the trademark owner. The details of the renewal are updated in the Trademark Registry, extending the trademark’s validity for another 10 years.

Trademark Restoration

In case the trademark is not renewed within the required time, there is an additional six-month grace period (after expiration) to renew the trademark with a surcharge. If the renewal is not done even within this grace period, the trademark will be removed from the register. However, it can be restored by filing a restoration request within one year from the expiration date, subject to additional fees.

How will JKstartup360 assist with Trademark Renewal?

Hassle-Free Application Filing: JKstartup360 assists in preparing and submitting Form TM-R for trademark renewal, ensuring all details are accurate and up to date.

Expert Consultation: JKstartup360 offers expert advice on whether to renew the trademark "as is" or modify certain details like the class of goods/services, based on the client's business needs.

Trademark Restoration: If the trademark has lapsed due to non-renewal, JKstartup360 can help with the restoration process, including filing for the reinstatement of trademark rights within the legal timeframe.

End-to-End Legal Assistance: From gathering required documents to dealing with any potential objections from the Trademark Office, JKStartup360 provides comprehensive legal support throughout the renewal process.

Protect your brand and avoid legal risks. Contact JKstartup360 today!