Introduction
Trademark renewal is essential for continued protection under the Trademark Act of 1999. After registering a trademark, it remains valid for ten years from the date the application is made, and after this period of 10 years expires. The Trademark is required to be renewed so that the registration can continue. Along with the renewal of the Trademark, the validity increases for another ten years. In this write-up, we will learn about the process of renewal of a Trademark and the required documents.
Requirements of Trademark Renewal
Renewal of the Trademark is required so that the validity of the registered Trademark does not expire. It is essential to renew the Trademark so that the legal protection of the Trademark is continued. The renewal must be filed every ten years. Trademarks can be renewed unlimited times after paying the required fees. Within six months of the expiration of the registration of the Trademark, the renewal request can be placed, along with the late fees. Renewal of the Trademark will reserve the right of the trademark registration. If the renewal of the Trademark is not done, then it will be removed from the trademark registry, and the owner of the Trademark will lose all the protection of the registration.
Characteristics of Trademark Renewal
Renewal of the Trademark is an essential process so that the validity and the protection of the Trademark are maintained:
In this section, we will look at the characteristics of the renewal of the Trademark
- The Trademark needs to be applied within the renewal period, and once the renewal period is over, the renewal can be filed within six months.
- The trademark owner must provide proof of ongoing use of the Trademark to ensure that the mark serves as an identity for the goods or services provided
- The renewal application needs to be applied to the relevant Trademark office containing the registration number, the mark, and the information regarding the trademark owner.
- For the renewal registration, fees must be paid, depending on the class in which the Trademark is registered.
- Once the renewal is done within the specified time frame, it will be removed from the trademark registry, and the rights associated with The Trademark will be lost.
What are the benefits of Trademark Renewal?
The benefits of Trademark renewal are as follows:
- It helps in the protection of the Trademark associated with the business
- In case of Trademark infringement, it helps in acting against the infringement.
- It protects the brand value of the company from other third parties.
- In trademark infringement, it helps to obtain remedies for the same.
Documents required for Renewal of Trademark
The documents required for a Trademark renewal are as follows:
- The PAN card of the individual.
- The address proof of the individual.
- A power of Attorney by the individual to the Attorney
- The trademark registration certificate that the trademark registry had issued
- The trademark application that had been filed for the registration of the Trademark
Process of Trademark Renewal
The renewal can be done in two ways: the first one is the renewal of the Trademark without making any changes, and the second one is the renewal of the Trademark with changes in certain words or signs in the existing Trademark. The process of Trademark registration is as follows:
- The first step is the filing of the application in the form TM-R.The application must be made by the owner of the Trademark or another agent whom the owner has authorized, and it is recommended to get help from a professional so that the renewal is done well-protected.
- The second step is the status checking of the application from time to time till the application is not processed.
- The third step is the advertisement in a trademark journal, which is made by the trademark registry, to state whether the registration is accepted.
Conclusion Section
Trademark Renewal involves requirements, document preparation, and pre-and post-compliance obligations. It is essential to comply with the specific terms of the Trademark Act 1999. The application for Trademark Registration can be a tedious process without professional support. Therefore, it is recommended to take expert guidance on the renewal process to easily navigate the complexities of Trademark registration, saving time and ensuring compliance with all necessary regulations.
FAQs
After the registration of a trademark, it remains valid for ten years from the date on which the application is made, and after this period of 10 years, the Trademark expires if not renewed; therefore, it must be resumed within six months past the trademark registration expiry so that the registration can continue.