Trademark Renewal Procedure after Expiration

Trademarks are a valuable asset for any business. This mark serves as a unique identifier that distinguishes a brand's goods and services. They give legal rights and prevent others from using similar names or logos. A Trademark remains valid for 10 years. If a trademark is expired, you need to renew it on time. In this blog, you will learn the Trademark Renewal Procedure after Expiration.

What is a Trademark?

A trademark is a unique sign, symbol, logo, word, phrase, or design that helps people recognize a company's products or services. It is a form of intellectual property that protects a brand from competitors. A registered trademark prevents others from copying or using it without permission. The owner gets exclusive rights to use the trademark for business. In India, trademarks are registered under the Trademarks Act, 1999 at the Trademark Registry Office. These offices are in Mumbai, Ahmedabad, Delhi, Chennai, and Kolkata. Once registered, a trademark is valid for 10 years and can be renewed to maintain protection.

What is Trademark Renewal in India?

In India, trademark renewal extends the legal protection of a registered trademark for another ten years. Without renewal, a trademark expires automatically after mentioned years. To keep your brand legally protected, you must renew it before the expiration date. This requires submitting a renewal application to the Trademark Registry. The process includes filling out Form TM-R and paying the required fee. Renewal can be done online or offline for trademark owners.

If you miss the deadline, there is a grace period with additional fees. Regular renewal ensures your brand stays protected and remains exclusively yours. To keep your trademark protected, start the renewal process at least six months before it expires. However, you can apply for it before a year of expiry in India.

A Guide to Trademark Renewal Procedure after Expiration

Here is the step-by-step process to renew a Trademark after expiration:

Step 1: Application Submission

To renew your trademark in India, you need to fill out and submit Form TM-R to the Trademark Registry. You can do this online through the official Indian Patent Office (IPO) portal. If you prefer, you can also appoint an authorized agent or representative to handle the trademark renewal process for you.

View of Form-TMR

Step 2: Scrutiny and Review

The Trademark Registry will carefully review your application to check if it meets all the necessary requirements.

Step 3: Trademark Journal Publication

When a trademark renewal is approved, it is published in the Trademark Journal for four months. During this time, others can oppose the renewal if they have valid reasons.

Step 4: Grant of Renewal Certificate

Once your trademark is published and any objections are resolved, the Trademark Registry will issue a Trademark Renewal Certificate. This confirms that your trademark protection has been extended for another ten years, and helps to keep your brand legally secure.

Documents Required For Trademark Renewal

Here are the lists of documents required for Trademark Renewal:

• Form TM-R (Application for Trademark Renewal)
• A copy of the original trademark registration certificate
• Proof of Identity and Address (A copy of PAN card and Aadhaar card)
• Proof of business registration
• A copy of TM-A form
• Power of Attorney (If an agent represents you)
• Other Relevant Documents

Trademark Renewal Fees

In India, trademark renewal fees can vary based on different factors. The cost depends on the type of trademark and how many classes it includes. The fees may also differ for online and offline renewals. To get the correct and latest fee details, it’s best to check official sources or consult a legal expert.

Grace Period with Surcharge

If you miss the trademark renewal deadline, you still have a six-month grace period to renew it. During this time, you can submit Form TM-10 and pay a renewal fee along with a ?3,000 surcharge. This grace period gives you a chance to renew your trademark and keep your rights protected without losing ownership.

TM 10 form view:

Restoration of Trademark

If someone misses the trademark renewal deadline, they can apply for restoration. As per the Trademark Act of 1999, this must be done within one year after the trademark expires. To restore it, the applicant needs to submit a renewal application along with the required fee. There is also a penalty of Rs. 10,000 for physical filing and ?9,000 for online filing.

The application for restoration must be filed within one year from the date of expiration of the last registration. You must also Submit Form TM-13 along with the prescribed restoration fee of ?5,000.

To avoid extra fees or losing your trademark, start the trademark renewal process early. If you want to know more, visit the Official website of IP India.

What If the Grace Period Expires?

If the grace period ends, the trademark is completely abandoned. To regain rights, you must apply for a new trademark. However, this can be challenging if someone else has already registered a similar or identical mark. In such cases, you may lose your brand identity. Renewing on time helps avoid legal issues and protects your trademark.

Benefits of a Trademark Renewal after Expiration

There are various benefits of a Trademark Renewal after Expiration. Here are mentioned below:

• Maintains Brand Protection: Renewing a trademark keeps a brand legally protected. It stops competitors from copying the mark and prevents unauthorized use. This helps maintain the brand’s identity in the market. Owners can take legal action against infringement and keep exclusive rights to their trademark for goods or services and brand security.
• Prevents loss of Exclusive Rights: A trademark owner renews registration to keep exclusive rights. This protects the brand and ensures its continued use. It helps maintain a strong market position and prevents customer confusion. A renewed trademark remains a valuable intellectual property asset and secures the brand’s identity.
• Continuous Legal Protection: A renewed trademark strengthens your ability to take legal action against anyone who tries to use your brand without permission. This helps protect your reputation and grants that no one takes advantage of your hard work.
• Makes Licensing and Franchising Easier: Renewing a trademark helps to make a license or franchise of your brand to others. This can create extra income. Partners and franchisees feel more secure knowing the brand is legally protected. A strong, protected brand attracts more business opportunities and builds trust in the market.
• Builds and Maintains Brand Value: A trademark that is continuously renewed shows that your brand is strong, trusted, and well-established. Customers are more likely to trust a brand that protects its identity over time.
• Preserve Intellectual Property:  A trademark is an important business asset that increases in value as your brand grows. Renewing a trademark prevents others from using it. This keeps your brand safe and protects your business identity.
• Legal Action: A renewed trademark allows you to take legal action against Infringement. You can also file for an injunction to stop unauthorized use and protect your business.
• Maintains Brand Recognition: Renewing a trademark helps to keep your brand safe and well-known in the market. Customers can easily recognize a brand and trust your business without confusion or risk of misuse.
• Ensures Product Quality: A strong brand identity helps customers recognize and trust a company. A trademark helps to prevent confusion in the market so, people can easily identify products. This makes shopping simpler and allows customers to confidently choose familiar brands without hesitation or uncertainty.
• Ensures Legal Compliance: Renewing a trademark keeps your business legally protected. It grants that you follow trademark laws and avoid legal issues. Staying compliant helps you maintain ownership and continue using your brand without any problems.
• Strengthens Your Business in the Market: Renewing a trademark helps your business stand out in a crowded market. It keeps your brand strong, unique, and recognizable. It also gives you a competitive edge and long-term success.

Conclusion

Trademark renewal after expiration is a time-sensitive process that requires prompt action. It is important for businesses to keep their exclusive rights for 10 more years. Understanding the renewal procedure, grace periods, and legal implications ensures continued trademark protection and brand security. Businesses must adopt proactive measures to maintain their trademark rights effectively. Throughout this article, you have learned Trademark Renewal Procedure after Expiration. If you have any queries about it, contact Online Legal India to get assistance and support for trademark renewal or restoration.