A Trademark is a phrase, word, or design symbol that differentiates and identifies products and goods from one brand to another. Every brand owner should protect their brand from others or their competitors as we all are aware of what brand value means to every business owner. While setting up a business, a brand name, its identity, and its logo play a very important role because your brand mark and logo are one of the most important images your customers will have in their minds while entering into any business contract. A big brand connects to its customers with its logo or tagline.
Apart from everything, trademark registration is one of the most important registrations a brand should proceed with post-setting up of their businesses. There are many reasons why trademark registration is important for a business and it is not that if the brand has a trademark registered, the owner has no further responsibilities. The owner of the brand should renew that trademark after a period of time that is after 10 years from the registration. We will look into the trademark renewal process and every bit of it in this blog.
Before starting with Trademark renewal let's see 5 points about why you should get a trademark registration.
- Brand Identity: Every business is always concerned about its reputation, brand image, identity, and goodwill. Whether it’s a startup or another well-established business, Goodwill is something that always impacts a brand. Giving an identity to your business via a mark, tagline, or logo provides it with recognition, which creates an image of a brand in the minds of its customers, vendors, or any other party associated with the brand in any manner. For instance, you have established a brand over some time, and now your customers recognize your business through a logo. If your mark, tagline, or logo is not registered, anyone, including your competitor, can apply a similar mark, which will ultimately hamper the brand drastically and affect its image in the market. Moreover, your business competitor can easily route all the business with the help of a registered trademark image that is similar to your unregistered trademark.
If a business offers its products or services under a registered trademark, it always helps the brand build trust and goodwill in the minds of its consumers. Moreover, it helps you protect your brand.
- Legal Protection: Having a registered trademark provides a privilege in the eyes of the law that you are the registered owner of the trademark and that you possess an exclusive right to use the trademark. Hence, in case of any infringement of your mark by any third party, we can help you file a legal suit against infringers. The law not only creates a restriction on infringers for further use of your registered mark, but it also helps you claim the damages caused to you, including punitive damages, fines, and attorneys’ fees. A registered trademark always acts as a legal shield for business identity.
- Valuable Asset: Over the period as your business attains higher success and your brand name also creates value, a registered trademark can be proved to be one of the most valuable assets for your business as it can be franchised or sold, which helps your business earn more money.
- Global Filing: If you have registered your trademark in your home country, you can also get it registered in any other country where you have not previously conducted business. You can even file for a global trademark application from your home country.
- Business Expansion: A registered trademark can help you with business expansion if you want to expand from one geographical area to another. Whether you are operating in your home country or taking your business abroad, your consumers, employees, or anyone else can recognize your business with your trademark image, logo, or slogan. It is always advisable to expand business in other countries as well when you have Trademark registration in India. A registered trademark will always help you access new markets easily. Customers used to believe the brands that have trademark registration and that's true.
Now let’s dive into our core topic about Trademark Renewal:
What is Trademark Renewal?
Trademark renewal is a process that keeps your trademark up-to-date. If you don’t renew it before expiration you will lose the legal rights in protecting your brand from infringement.
One question can come to your mind, what will happen if I don't renew my trademark?
The answer is really easy! You may lose your Trademark registration. Yes, and that’s the fact. So you have to renew your trademark from time to time. If you don’t register your mark, the registrar can remove your mark, but the registrar has to advertise that through notification.
The Trademark Act recognizes and sympathizes with the owner's worries. As a result, they have another chance to renew the trademark within six months by filling out form TM-10 and paying the extra fees associated with trademark renewal.
Things You should know while going for Trademark Renewal!
- Form TM-12 must be properly completed and filed by both individuals and businesses in order to apply for trademark renewal.
- Registered trademark holders or agents officially authorized by such a holder to act on their behalf can file the renewal request.
In order to guarantee a seamless and error-free renewal of a TM application, individuals must get in touch with the professionals. Small mistakes made during the process can result in serious security breaches and other problems. Therefore, it is wise to get legal counsel in order to guarantee that your brand is safe and properly guarded. If you can't find a trademark expert on your own, we would love to suggest you that connect to Online Legal India as they have vastly experienced experts. The experts of Online Legal India have catered to a lot of clients till now across the country.
The validity of the trademark can be extended by 10 years through filing a renewal application. Every business must renew its registered trademark prior to that deadline.
- After filing a Trade Mark renewal application, the applicant should check the status of the request until the concerned trademark Registrar completes its processing. The procedure sometimes needs many timely actions and responses from the applicant who is filing the application. Therefore, the businesses should keep an eye on the status of their application and take the required actions, as and when necessary.
Why you should renew your Trademark?
There are several benefits to renewing a trademark. The owner of a trademark gets numerous legal rights upon its registration. It guards against trademark infringement and pays damages in the event that it occurs.
Moreover, it gives the owner of the trademark the freedom to transfer ownership of the mark to any other individual or business at any time. A registered trademark is extremely valuable financially since trademark licensing is only available to mark owners who have registered their marks.
How to renew a trademark?
Once registered, a trademark only needs to be renewed ten years from the date of registration. Six months prior to the trademark's expiration, the registrar of trademarks will notify you via letter of its impending expiration. A trademark may be renewed in two ways:
- The owner of the registered Trademark can file the renewal application by the owner himself
- Or else, an authorized representative of the brand can file the trademark renewal application
After submitting the concerned application, one must keep an eye on the status of the application in case any objections are raised during the trademark registration. Any member of the public may submit their objection in this way.
- After the approval of the trademark, it will be published in the recognized trademark journal.
- You will achieve protection for another 10 years.
The cost of the trademark renewal depends upon various aspects, whether the process is online or offline.
- The cost of online trademark renewal is Rs.9, 000/- approx.
- The cost of in-person trademark renewal is Rs.10, 000/-approx.
Now, let's dive into what documents are required for trademark renewal.
- A copy of the Trademark registration certificate
- TM-Application form copy (The filled up form that was submitted during the registration of the trademark)
- ID proof of the applicant or the brand (PAN Card/Aadhar Card etc.)
- Address proof of the applicant.
- If the petitioner is an authorized representative, a copy of the power of attorney is required.
Let’s go into the process of Trademark Renewal in details:
The owner must apply for a renewal to the trademark registrar using the necessary form [TM-R] no later than six months after the trade mark registration expires. One to three months before the registration expiration, if one hasn't already been filed, a trademark renewal application must be submitted.
The Registrar must notify the proprietor of the approaching renewal date. It is important to remember that if a notice of renewal is not served, no trademark may be removed. The owner of the trademark must include the necessary trademark renewal fees with the application for renewal.
Trademark Renewal Status Check:
After you submit the renewal application, the owner of the trademark must notice the trademark renewal status about what is the status of the renewal process, whether anyone is objecting or not. All these should be under your observation.
Expiration of Trademark:
If you forget to renew your trademark and if you want to restore your trademark within six months of its expiration, the owner of the trademark has a chance to restore the trademark. Under Section 25(4) of the Trademark Act 1999, you can file an application pay the required fees and request restoration.
Let’s look at the advantages of Trademark Renewal:
- Legal Protection: If you see that anyone else is using your brand without your permission you can approach the court of law to seek remedies against the brand that are infringing your intellectual property.
- Extended Timespan: At first when you are registering your trademark you get a time span of 10 years. After that time span of 10 years, you have to renew your trademark, and after renewing your trademark you again get an extended time period.
- Financial Gains: The owner of the trademark has the license which can be leased out or transferred to other brands to raise funds. You can also earn from this resource as well.
Trademark Restoration:
Sometimes people forget to renew their trademarks within the allotted time. In these kinds of situations, there's still hope, so don't be afraid. If the trademark is not renewed, one could try to have it reinstated. Anybody may submit an application for a trademark restoration under Section 25(4) of the Trademark Act of 1999.
If you want to renew the trademark after expiration then you will get a time period of six months and if you can’t renew in six months, then you will have to go for Trademark restoration. The time period of getting your trademark restoration is another six months.
Conclusion: Online Legal India is one of the online legal service providers that cater to their clients in meeting all of their legal demands and connects you with trustworthy and vastly experienced experts and advocates. Absolutely, our clients are satisfied with the legal assistance we offer.
You can reach our experienced legal advisors with any questions or queries you may have about the Indian trademark renewal process. Most of the clients are happy with the services they get from Online Legal India.
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