Overview of Trademark Renewal

Secure your brand's identity with sangeethatax's trademark renewal services. Possessing a trademark in today's fast-paced business environment ensures that your brand is recognizable and different from others, helping it to be noticed. After your trademark is officially registered, it is crucial that you regularly ensure its safety and status remain valid. By renewing your trademark within an indicated period of time, you will protect the exclusiveness of your brand, keep up its legitimate status and improve its position on the market. In order to protect the rights associated with the trade mark, the time limit has been extended. This enables owners to protect themselves from unlawful judicial actions launched by their competitors.

A Trademark is an important resource that characterizes businesses and their offerings in a crowded marketplace. In any case, the importance of trademarks doesn’t conclude with their registration; they require periodic renewal to keep up their legal protection. The right to renew the validity of a trademark every ten years shall be enjoyed by its owners. The Registrar will grant a six months' grace period in which the trademark holder may renew their mark and retain its advantages by the end of those 10 years. If the renewal has not yet taken place, the Registrar will announce the mark's removal in the Trademark Journal.

The importance of trademark renewal, legal requirements, necessary paperwork, the renewal process, and the repercussions of not renewing within the allotted time are all covered in this guide. Keep perusing this guide to learn more about Trademark renewal.

Laws Regarding the Renewal of Trademarks

 The renewal of the trade mark is an essential process in accordance with the Trade Marks Act, 1999 to safeguard its protection. The relevant measures and provisions concerning this are laid down in the legal framework provided for by the Act. This section focuses on the trademark's validity period, renewal procedures, and consequences if it is not renewed.

The Act's legal framework lays forth the pertinent policies and procedures pertaining to this. We will examine the mark's duration, choices for renewal and removal, and the consequences of not renewing the mark in this section.

To maintain strong trademark security in the highly demanding Indian market, owners of brands need to be aware of and comply with these regulatory requirements.

Time Limit: Every ten years, trademark owners are able to renew their marks under Section 25 of the Trade Marks Act 1999. Trademark holders have six extra months to renew their trademark and keep receiving its benefits before the ten-year period ends. The trademark will be cancelled and announced by the registry in Trademarks magazine if the renewal attempt fails.

Trademark Renewal: In accordance with Section 25 of the Trade Marks Act 1999, a registered trade mark may be renewed between ten years of the date of the prior renewal or the original registration's expiration. To start the renewal procedure, the trademark owner must legally file the mark with the trademark registration. Additionally, they have to guarantee that the renewal is completed on schedule and in accordance with all relevant laws.

Removal of the Mark: In accordance with Section 25 of the Trade Marks Act 1999, the Registry is required to notify the registered proprietor of the trade mark's expiration date and renewal period before the trade mark's final registration expires.  Where renewal conditions are not met in a timely manner, the Registry shall be authorised to delete any trade mark from the register. However, the law provides for a grace period of six months from the date on which the proprietor is entitled to renew its trade mark by paying an additional fee.

Moreover, if the registration has been withdrawn from the register due to nonpayment of the renewal price, the owner may submit an application for restoration within a year of its expiration. After receiving an application and payment of the required fee, the Registrar may, at its discretion, reclaim the trademark and renew its registration according to any conditions or criteria.

Importance of Renewing Trademark

A trademark renewal has several benefits, including

• Upon registration, the owner of a trade mark is granted several legal rights.
• In the event of such an occurrence, it shall ensure that trademark infringement is avoided and compensated.
• It establishes your own identity and offers business opportunities.

Moreover, it gives the owner of the trademark the freedom to transfer it to any other individual or business at any moment. As long as the mark's owner has registered it, licensing can be obtained because a registered trademark has significant financial worth.

Methods for Renew Your Brand

There are two primary ways to renew a trademark:

• Renew with modifications: During renewal of the trademark, you can update specific signs or words on your existing mark.
• Renewing without modification: This option allows the trademark to be renewed, keeping its current text and design.

Important Records

When submitting the TM-12 renewal form to the Registrar of Trademarks (RoT) to renew a registered trademark, the following documents need to be included:

• A certified copy of the original trademark registration certificate.
• An authenticated duplicate of the TM-A document was utilized in the original trademark filing.
• The applicant's proof of identity.
• Evidence of the applicant's residency.
• In the event that the applicant is acting on behalf of the trademark owner, a Power of Attorney is needed.