Trademarks are graphically depicted markings that aid in identifying the firm or individual who created the products or services. These trademarks can be registered with the Trademark Registry Offices under the Trademark Act of 1999. Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad are the five trademark registry offices in India. When a trademark is registered, the owner of the trademark receives unique rights to use it and is legally protected from others infringing on those rights. A ten-year limitation period applies to registered trademarks. If a trademark is not utilized for five years, it may be revoked at another party’s request.
Every 10 years, the trademark proprietor has the option to renew the trademark endlessly. The Registrar allows the trademark holder a six-month opportunity before the end of the ten-year period to renew their trademark and continue to enjoy the rights granted.If a person fails to renew a trademark, the registrar will publish an advertising in the Trademark Journal stating that the trademark will be removed. If the trademark is not renewed after ten years, the individual has the option of restoration, which is the same as renewal but with a fine.
IMPORTANCE OF TRADEMARK RENEWAL
Renewal of a trademark has several advantages. When a trademark is registered, it grants the owner of the trademark plenty of legal rights.
- It prohibits trademark infringement and provides for reimbursement in the event of such violation.
- It also gives the trademark holder the ability to freely transfer the trademark to another person or entity.
- Trademark licencing is only possible if the trademark proprietor has registered the trademark, hence a registered trademark has a high monetary worth.
A trademark registration is only valid for ten years, after which it must be renewed. 6 months before the trademark expires, the registrar of trademarks will send you a letter reminding you of its expiration.
PROCEDURE FOR TRADEMARK RENEWAL
When it comes to renewing a trademark, the trademark owner have two options:
- Renewal of the trademark in its current form
- Renewal of the trademark with revisions and modifications
- The form TM-R is used to apply for a trademark renewal.
The application does not have to be filed by the trademark’s registered owner; an authorised representative or agent would do it alternatively. After filing the application, it is necessary to monitor its progress in case any objection to the trademark’s registration is made. Any person can file such an objection.
- The trademark will be published in the official gazette, the Trademark Journal, if the application is accepted.
- If the trademark has been published, the owner of the trademark receives a 10 years
- The trademark can be renewed indefinitely.
The cost of renewing a trademark varies depending on whether it was done in person or online.
- The renewal filing costs 10,000 rupees if done physically.
- It costs 9,000 rupees if done online using e-filing.
The following information is needed to renew a trademark:
- A copy of the certificate of registration
- Form TM-A (copy) which is used for the original application for registering the trademark
- Proof of the applicant’s identity and address
- If the applicant is a legal representative or agent, a power of attorney is required.
It is possible that a person will miss to renew their trademark within the specified time frame. In such circumstances, there is still an alternative. If a trademark is not renewed, it might be attempted to be restored.
Restoration of a trademark is enabled by Section 25 (4) of the Trademark Act of 1999, which permits anyone to apply for trademark restoration. Only one year after the registered trademark has expired can it be restored. The cost of restoring a trademark is in addition to the renewal fee:
- If done physically, a person will be paid 10,000 rupees.
- However, trademark owner can pay an extra 9000 rupees if it is done by online.
Trademark registration is becoming increasingly popular. Every ten years, trademarks must be renewed. The trademark renewal should be submitted as soon as possible after the mark’s expiration date. To enjoy continued trademark protection without the risk of lawsuit, the trademark renewal application form should be created and filed before the deadline.