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Trademark Renewal

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Assertively communicate multidisciplinary content through emerging skills for intermandated e-tailers. Rapidiously revolutionize emerging supply for interdependent portals. Monotonectally restore 24/365 leadership for high quality niche markets transform emerging mindshare...

Assertively communicate multidisciplinary content through emerging skills for intermandated e-tailers. Rapidiously revolutionize emerging supply for interdependent portals. Monotonectally restore 24/365 leadership for high quality niche markets transform emerging mindshare...

Assertively communicate multidisciplinary content through emerging skills for intermandated e-tailers. Rapidiously revolutionize emerging supply for interdependent portals. Monotonectally restore 24/365 leadership for high quality niche markets transform emerging mindshare...

Trademark Renewal: Ensuring Longevity and Legitimacy

A trademark serves as a vital tool for businesses, allowing them to distinguish their goods or services from those offered by other entities. Recognizable through symbols, logos, labels, and names appended with an ‘R,’ trademarks gain legal protection under the Trade Marks Act, 1999. However, certain restrictions apply, such as prohibiting registration for offensive or non-distinct marks featuring government emblems.

In India, the validity of a trademark spans a decade, governed by Section 25 of the Trade Marks Act, 1999. The Government of India, in an effort to streamline processes and encourage digital filing, introduced the Trade Mark Rules, 2017, on March 6, 2017.

Trademark holders must be vigilant about renewing their marks to ensure continued protection. The renewal process involves adhering to specific timelines and fulfilling essential criteria:

Renewal of a Trademark: Duration:

  • Renewal applications can be submitted within one year prior to the expiration date (as per rules 57 and 58 in Trade Mark Rules 2017).
  • Alternatively, renewal is possible within six months prior to expiry (as per rules 63 and 64 in Trade Mark Rules 2002).
  • A grace period of six months after the expiry date is also allowed.

Required Forms:

Trademark holders must complete the following forms, accompanied by the applicable fees:

  • TM-R: Application form for trademark renewal by the registered proprietor.
  • Physical filing cost: R s. 10,000
  • E-filing cost: R s. 9,000

Application for renewal with a surcharge of registration of a Trademark:

  • Physical filing cost: Rs. 5,000 + Renewal fee
  • E-filing cost: Rs. 4,500 + Renewal fee
  • TM-18: Affidavit in support of the statement of the case.

Restoration of a Trademark:

Upon failure to renew within the designated period, the Office of the Registrar of Trademarks issues a mandatory notice six months before expiration. If the trademark is not renewed within the stipulated timeframe, it is removed from the Register of Trademarks. However, restoration is possible through a timely application and the requisite fee.

Duration to restore a Trademark:

  • Restoration can be initiated after six months and within one year from the date of the last registration.

Understanding Trademark, Patent, and Copyright Distinctions

Feature

Trademark

Patent

Copyright

What’s Protected

Any word, phrase, symbol, or design distinguishing one party’s goods from another.

Inventions, including procedures, manufacturers, compositions, machines, and improvements.

Original works of authorship, encompassing books, articles, music, photography, sculptures, dances, sound recordings, motion films, and more.

Protection Requirements

Must be distinguishable to identify the source of a certain good.

Requires a fresh, valuable, and unusual invention.

Must be unique, original, and created in a tangible manner.

Term of Protection

As long as the mark is used in commerce.

20 years.

Author’s life span + 70 years.

Rights Granted

Right to use the mark and prohibit others from using identical marks causing confusion.

Right to restrict others from manufacturing, selling, or importing the patented invention. Copyrighted works grant the power to control reproduction, creative works, circulation, public performance, and display.

Continuous legal protection against unauthorized uses, right to seek damages for infringements, ability to transfer or license the trademark, and exclusive rights to preserve the unique market identity of the brand.

Key Points

Renewal Period:

Trademarks typically need to be renewed periodically. The renewal period varies by jurisdiction but is commonly every 10 years. It’s essential to know the renewal requirements specific to the country where the trademark is registered.

Notification from Trademark Office:

Trademark renewal applications should be filed well in advance of the expiration date. Some jurisdictions allow early renewal, even up to six months before the expiry date.

    • Some trademark offices may send renewal reminders, but it is ultimately the responsibility of the trademark owner to keep track of the renewal deadline.

Payment of Renewal Fees:

Renewal requires the payment of renewal fees. The amount varies based on the jurisdiction and the class of goods or services covered by the trademark. Failure to pay these fees can result in the loss of trademark rights.

Verification of Trademark Details:

Before submitting the renewal application, verify that all details associated with the trademark, such as owner information, goods or services covered, and the representation of the mark, are accurate and up to date.

Use Requirement:

In some jurisdictions, the renewal may be contingent on the continued use of the trademark. Trademark offices may require evidence of use or a declaration of use to be submitted with the renewal application.

Renewal Application Form:

Complete the renewal application form provided by the relevant trademark office. Ensure that all required information is provided accurately.

Electronic Filling:

Many trademark offices now offer online or electronic filing options for renewal applications. This can streamline the process and make it more convenient for trademark owners.

Late Renewal and Grace Periods:

In case a renewal is not filed before the expiration date, some jurisdictions may provide a grace period during which the renewal can still be processed, albeit with additional late fees.

Record Keeping:

Maintain records of the renewal application, payment receipts, and any communication with the trademark office. This documentation can be valuable in case of disputes or audits.

Monitoring Renewal Status:

After filing for renewal, monitor the application status through the trademark office’s online portal or other communication channels to ensure that it is processed in a timely manner.

International Registrations:

If the trademark is registered internationally under the Madrid System, renewals need to be handled through the World Intellectual Property Organization (WIPO) or the designated national trademark offices.

 

 Renewing a trademark is a critical responsibility to maintain the exclusive rights associated with it. Failing to renew on time can lead to the loss of those rights, potentially allowing others to use or register a similar mark. It’s advisable to consult with intellectual property professionals to ensure compliance with specific jurisdictional requirements.

STEPS Of Trademark Renewal Registration 

The process of renewing a trademark involves several steps to ensure that the registered mark remains valid and protected. The specific steps can vary depending on the jurisdiction, but the following is a general guide to the trademark renewal process:

Identify Renewal Deadline:

  • Determine the renewal deadline for the registered trademark. Trademarks are typically renewable every 10 years, but the specific timeline varies by jurisdiction. Check with the relevant trademark office for the specific renewal period applicable to your mark.

Review Trademark Details:

  • Verify the accuracy of the information associated with the registered trademark, including the owner’s name, address, and the goods or services covered by the mark. Update any outdated or incorrect details.

Prepare Renewal Application:

  • Obtain and complete the renewal application form provided by the trademark office. The form may require details about the registered mark, the owner, and other relevant information. Ensure that the information provided matches the details on the existing registration.

Payment of Renewal Fees:

  • Pay the required renewal fees to the trademark office. The amount may depend on factors such as the jurisdiction, the number of classes covered by the trademark, and whether the renewal is filed on time. Be aware of any late payment fees.

Use Requirements (if applicable):

  • In some jurisdictions, the renewal process may involve a declaration of ongoing use of the trademark. Prepare any required evidence of use or, if applicable, provide reasons for non-use, as specified by the trademark office.

Submit Renewal Application:

  • File the completed renewal application along with the necessary documentation and payment. The submission can usually be done electronically through the trademark office’s online portal or by mail, depending on the procedures of the specific office.

Receive Confirmation:

  • After submitting the renewal application, the trademark office will process the request. Once approved, you will receive confirmation of the renewal. This confirmation may include a renewed registration certificate.

Update Internal Records:

    • Update internal records and databases to reflect the renewed status of the trademark. This ensures that your organization’s records accurately reflect the current status of the registered .