In this evolving business era keeping business secure is very important. For which the best and most effective method is to register a trademark for your brand or business. Trademark acts as a protector of your business. But it is valid only for 10 years, after which it becomes necessary to get it renewed. It is necessary to understand Trademark Renewal in India, its related documents, procedures, and what will happen if the trademark is not renewed on time. trademark registration in india can be renewed after.
According to section 25 of the Trademark Act, of 1999 Registered trademark owners have the right to renew their trademark every 10 years. Registered trademarks can be renewed indefinitely. 6 months or 1 year before the expiry of these 10 years, there is a renewal period for the registered trademark. During this period the trademark holder can renew his trademark.
A reminder is sent to the trademark holder to renew the trademark before the trademark expiration date. If the trademark is not renewed within the explicit time, the registrar proclaims the deletion of the trademark in the trademark journal. Renewal of the trademark is done through Form TM-R.
Why Renew a Trademark?
The process of renewal is a constant process that allows a registered trademark owner to retain the legal rights associated with his trademark after every 10 years.
Renewal allows you to protect your brand, its identity, and brand name for another 10 years.
Renewal gives the trademark owner the freedom to transfer his trademark to another person or business at any time.
How to Renew Your Trademark?
There are two methods to renew a trademark:
Trademark Renewal without making any changes.
Renewal of the trademark by updating the distinctive marks and words or by making any other changes.
Required Documents for Trademark Renewal
Form TM-R
Copy of original trademark registration certificate
TM-A form copy
Identification and Residence proof of the applicant.
Power of Attorney(POA)
Online Procedure of Trademark Renewal in India
Trademark renewal applications can be filed directly at the Trademark Office or online from their website by filing the TM-R Form.
The trademark office then reviews the renewal application to ensure that it contains all the required information.
After the review, the renewal application is publish in the Trademark Journal.
The period of this publication is 4 months. During which, if anyone has any objection to the application, they can file an opposition.
If no opposition is rubbed, then the Trademark Registry results in a Certificate of Renewal.
The last step is to pay the prescribed fee for the renewal procedure. Which can be done directly at the trademark office or online from their website.
Challenges and Solutions of Trademark Renewal in India
Many businesses are unknowing of the trademark renewal process, which leads to missing renewal dates and losing registered trademark rights.
This can make the court procedure time-consuming and expensive.
The trademark renewal process is complex and may require trademark specialist knowledge and experience.
Businesses with budget limitations may find it difficult to assign funds for the renewal of a trademark.
7 Risks If you are late in your Trademark Renewal
Possession of trademark by another person:
If you do not renew your trademark within the stipulated time, someone else or your competitor may register your trademark and use it.
Barriers to trademark re-registration:
If the trademark is not renew within the due date and someone else registers the same trademark as you, you may lose your original trademark and the rights associated with it forever. When you apply for re-registration of your trademark, there are full possibilities that your application will be reject.
Limited classes:
If the trademark is not renew within the due date, and someone else has register the same trademark in the same category in which your trademark was register, then you cannot re-register your trademark under the same category.
Agreements with competitors:
The risk of competing deals increases when failure to renew a brand name on time forces businesses to enter into costly deals with competitors to protect their intellectual property rights to their brand name. These deals are often very expensive and can substantial monetary and strategic drifts.
Delay in trademark renewal fees:
There is a specific time(six months before the expiry date of the register trademark) for trademark renewal during which you have to get your trademark renew. If the renewal period expires and you have not renewed your trademark, then you will have to pay additional fees for the renewal of the trademark.
Additional Attorney Fees:
The renewal process becomes even more complicated after the renewal period of the trademark expires. That is why it becomes major to hire an experienced solicitor to assist in this procedure. The lawyer must first find out about the late fees and then get the competitors to agree not to register or use the same trademark. Along with this he also has to see whether any application has been file by someone else for the same trademark. And if so, then he will have to object to that application. All these tasks require hiring the best trademark attorney, for which you have to pay an additional attorney Fee.
Brand damage and Loss of brand value:
Trademarks help to increase the value of any brand. After the renewal period of the registered trademark expires, if you do not renew your trademark, there is a possibility that someone else may have registered the same trademark as you. This can cause a lot of damage to your brand name and can also have a great effect on your brand value.
Conclusion
Trademark Renewal in India is an important process after trademark registration. Because it helps to maintain your exclusive legal rights to protect your brand. There is a certain period to renew the trademark, if the trademark is not renew during that period then you may have to face many difficulties. Trademark protects your brand and also provides rights, so it is your responsibility to take care of your trademark and keep renewing it on time.
If you need more information about trademark renewal call now: +91 9314321001
