What is Trademark Renewal in India?

Trademark renewal is an important process for any applicant or business that wants to keep its protection under the Trade Marks Act, 1999. A registered trademark stays valid for a period of ten years from the date of registration, after which it needs to be renewed to remain current. Not renewing your registered trademark may be struck out of the Trademark Journal, leaving your business and brand vulnerable. LawBRO provides full trademark renewal services to make you comply and protected without any lapse.

Not renewing a trademark allows results in trademark expiry, and the owner loses their sole right of use for the mark. This can expose the mark to be claimed or misused by others, resulting in legal and commercial issues. Hence, timely renewal of the trademark is crucial for companies and individuals who want to maintain their brand identity and avoid unauthorised use.

Trademark Validity and Renewal Period

A registered trademark in India has an initial validity of 10 years, after which it requires renewal for continued legal protection. This 10-year period is referred to as the renewal period, and it keeps the trademark validity active. Trademark holders should keep track of the date of filing to prevent complexities.

• The renewal petition must be made six months prior to the expiration of the trademark.
• If the renewal is not done in time, a grace period of six months is provided during which the trademark can still be renewed with an additional fee
• Non-renewal even within the grace period can lead to the deletion of the trademark from the register
• Once they are withdrawn, the owner of the trademark loses exclusive rights and might be required to start a new registration
• Therefore, being in advance of deadlines is crucial to ensure constant trademark protection.

Benefits of Renewing a Trademark

Renewal of your trademark provides continuous legal protection and sole rights to your brand. It protects your business identity and avoids someone else using the same mark. Following is the step-by-step explanation of the advantages:

• Ensures trademark protection through an extension of legal ownership of the mark.
• Sustains trademark rights and makes the mark usable only by the owner in relation to certain goods or services.
• Gives ongoing legal protection against unauthorised use or infringement by rivals.
• Precludes re-registration, saving effort, time, and legal fees.
• Enhances the position in law in the event of disputes or enforcement proceedings.
• Enhances the value of the trademark as an asset of the business, particularly in case of mergers, franchising, or licensing.

Duration and Deadline for Trademark Renewal

Compliance with the trademark renewal deadline is essential in order to ensure ongoing legal protection of a registered mark. A trademark in India is valid for 10 years from the date of registration, upon which it has to be renewed. The renewal filing deadline is six months prior to the expiry date. Not filing the renewal application within this timeframe can result in severe ramifications, such as trademark lapse, leading to loss of exclusive rights and cancellation of the trademark from the register.

• Grace Period
  If the trademark owner fails to make it within the official renewal period, Indian trademark legislation offers a grace period of six months from the date of expiration. The trademark can then be renewed, though with the payment of late renewal charges, during this period. The grace period is a last chance to revive the trademark status without forfeiting the legal rights completely.
  
  Observation: After the grace period expires, the trademark is stricken off the register, and it becomes necessary for the owner to undertake a complicated procedure to restore or re-register it. Therefore, though grace time provides a cushion, it should not be depended upon. Taking prompt action within the initial timeframe is always the ideal approach to preserving valid trademark protection and preventing additional fees or risks.

Documents Required for Trademark Renewal

For the successful filing of the trademark renewal in India, the following documents are usually needed:

• Copy of original certificate of trademark registration
• Duly filled and signed Form TM-R (Renewal Application)
• Document establishing the identity and address of the trademark owner or authorised agent
• Power of Attorney (in case the renewal is filed through a legal representative or agent)
• Payment proof of the stipulated renewal fee
• Any supporting documents in case of change of ownership or applicant information.

Forms Required for Online Trademark Renewal

For online trademark renewal in India, the primary form required is the TM-R Form. This is used to make a renewal application for a registered trademark and must be submitted to the Trademark Registry prior to the expiration of the existing trademark registration. The TM-R Form is used for both renewal without modification and renewal with changes, including changes to the trademark owner's information or address.

The process of filing the TM-R Form online is simple and may be done directly on the website of the Controller General of Patents, Designs & Trademarks (CGPDTM). On submission, the renewal application is assessed, and once approved, the trademark continues to be valid for 10 years more. Timely filing of the TM-R Form is essential to continue the trademark protection uninterrupted as well as to prevent any further charges or issues pertaining to late renewal.

Step-by-Step Process to Renew a Trademark

To apply for renewal, an application is to be made to the Registrar of Trademarks, through specified forms, along with supporting documents and evidence of the previous registration. The application can be made electronically or through physical submission, and involves payment of the prescribed renewal fee. If the renewal is not completed prior to expiry, then a grace period of six months is granted wherein another fee has to be paid. In certain situations, an extension for one year may be granted on a proper declaration and note to the registrar. Trademark renewal protects your legal rights to the brand. Here is a simple, step-by-step guide to facilitate renewal smoothly.

Step 1: File the TM-R Application

The first step is filing the TM-R Application. Our experts will accurately file the TM-R form on your behalf, ensuring that all information is complete and correct to ensure timely processing.

Step 2: Registrar's Scrutiny and Examination

Upon submission, the Registrar conducts a thorough trademark search by way of registrar scrutiny, ensuring the application is complete and in compliance with the law before approving or calling for correction during the review of the application. Our team monitors your application and attends to any clarification or correction if necessary.

Step 3: Publication in Trademark Journal

Once approved, the renewal application is subject to application publication in the government's official Trademark Journal, updating the records of the trademark and enabling the public to see the renewal status for transparency and opposition. We track the publication and notify you of the status so that nothing gets missed.

Step 4: Issuance of Renewal Certificate

Upon approval, the Registrar issues the renewal certificate for the trademark, formally changing the status of the trademark and extending the protection for the trademark for a further ten years, solidifying the owner's sole rights. We ensure your certificate is timely issued and forwarded to you, maintaining your trademark lawfully protected.

Trademark Renewal Fees

• Trademark renewal fees differ based on whether the applicant is a small enterprise/startup/individual or a large entity
• Renewal charges are determined by the number of class coverage of the trademark included in the registration
• Procedural fee differences may occur in different jurisdictions across India, although the fees are standardised
• Extra service fees may be charged if renewal is completed through an attorney or agent
• Early renewal prior to the expiry date is not subject to additional fees, promoting timely filing.
• Late Renewal Fees
  • If the renewal filing occurs past the renewal deadline, late fees are required along with the usual renewal fees.
  • Late renewal fees apply during the six-month grace period after the expiry date of the trademark.
  • Failure to renew during the grace period leads to being removed from the register and loss of trademark protection.
  • Late payment of fees reinstates the trademark's active status but adds to the overall cost of renewal.
  • It is recommended that owners of trademarks prevent late renewals to avoid fines and maintain consistent protection.

What Happens If You Don’t Renew Your Trademark?

Not renewing your trademark prior to the expiry date of the trademark can result in severe legal repercussions. The most direct effect is loss of trademark rights, and you no longer have exclusive ownership of using your mark. This loss opens the door for potential trademark infringement by competitors or unauthorised parties who may register or use a similar mark. Without active registration, it becomes difficult to enforce your rights in court or prevent others from exploiting your brand. Ultimately, missing the renewal deadline jeopardises your brand’s identity, market position, and legal protection, making timely renewal essential.

• How to Renew After Missing the Deadline
  In case you miss the renewal date, the Indian trademark legislation offers a grace period of six months in which you can renew your trademark at an extra fee for late renewal. This process facilitates trademark restoration, avoiding being removed permanently from the trademark register. Renewal within the grace period restores the active status and legal protection of your trademark without necessitating new registration. But if the grace period runs out without a renewal, the trademark is considered to be abandoned, and you may have to begin the registration process from scratch. Prompt action within this period is essential to protect your brand rights.

Restoration of a Lapsed Trademark

If a trademark is allowed to lapse as a result of non-renewal, the Registrar sends a compulsory notice to the owner of the trademark stating the expiry. This Registrar notice is a formal reminder that the validity of the trademark has expired and sets out the procedure for restoring the trademark. The notice is important since it warns the owner to respond within a reasonable period in order not to lose rights irrevocably. If there is no response to this notice within the timeframe specified, the trademark may be deleted from the register, leaving it susceptible to re-registration by other parties.

• Time Limit for Restoration
  The statute states a definite period of time within which the lapsed trademark can be restored following the lapse. In most cases, the owner of the trademark has six months from when the trademark lapsed or expired to file for restoration of the trademark.
  
  This time serves as a grace period to restore the status of the trademark as active and resume enjoying protection by law without undergoing registration again from scratch. Failure to meet this deadline renders the trademark abandoned, and the owner has to apply again as a fresh applicant
• Forms and Fees for Trademark Restoration
  • File Form TM-R with a request for restoration stating reasons for non-renewal.
  • Pay the renewed trademark fees for restoration together with any late renewal fees.
  • Submit supporting documents proving ownership and reason for delay in renewal.
  • Make timely submission to escape rejection or cancellation of the lapsed trademark from the register.

Trademark Renewal Status

Once you have submitted a trademark renewal application, you should check the status of the trademark renewal to ensure a smooth process. You may check your application status online on the official Intellectual Property India website using the number for your trademark application.

The portal's trademark tracker option enables applicants to see real-time updates on the status of their renewal application, including scrutiny or trademark objection raised by the Registrar. Remaining aware of your renewal status keeps you on track to act in time if further documents or clarification are sought, thus maintaining continuous trademark protection.

Trademark renewal is an important action for any applicant or business that wants to preserve protection under the Trade Marks Act,1999. A trademark registration is tenable for ten years from the approval date, when it has to be renewed in order not to lapse. Failure to renew your registered trademark will see it deleted from the Trademark Journal, endangering your business and brand.