Trademark Validity, Renewal Process, Duration, Fees & Steps

In today’s marketplace, a trademark is not only a legal formality but the core element of your brand’s identity. It is your business’s unique signature that sets you apart in a market full of competitors. It not only safeguards your brand from competitors but also builds trust with your customers and assures them of consistent quality and authenticity.

By understanding and actively managing the validity of your trademark, you will be ensuring that your brand remains protected. This allows your business to thrive and stand out in the marketplace. This piece of content will explore the trademark validity in India and its renewal process.

What is Trademark Validity?

In India, once you register a trademark, it is valid for 10 years from the date of the application. This means you have exclusive rights to use the trademark worldwide for a decade. To keep your trademark protected, you must renew the trademark in every 10 years. As the expiration date approaches, it is essential to renew your trademark to maintain these rights.  

If you don’t renew it, you risk losing these exclusive rights, which allow others to use or steal your brand identity. The renewal process involves submitting the required form along with the prescribed fee, which can be done both online and offline. So, it is necessary to renew your trademark on time to maintain the brand's uniqueness and legal protection.

Trademark Registration Validity

Securing your trademark is a necessary step in protecting your brand’s unique identity in India’s competitive market. Maintaining the validity requires two key aspects that are mentioned as follows:

• Continuous and Bona Fide Use: Indian law states that a registered trademark must be actively used in commerce. According to Section 47 of the Trade Marks Act, 1999, if a trademark remains unused for an uninterrupted period of 5 years and 3 months from its registration date, it becomes vulnerable to cancellation. This provision ensures that trademarks are not hoarded without a genuine intent to use, which promotes fair competition.
• Timely Renewal: A trademark's validity lasts 10 years from the date of registration, and to maintain protection, you will need to do the following:

1. You can apply for renewal 1 year before the expiration date.
2. If you miss the initial window for renewal, there is a 6-month grace period post-expiration that allows for renewal with an additional surcharge.
3. Beyond the grace period, restoration is possible within one year from the expiration date, which involves additional fees and procedures.

Neglecting time renewal can lead to the removal of your trademark from the register, which can expose your brand to potential misuse and theft. It is crucial to monitor the renewal deadlines properly and ensure continuous, bona fide use of your trademark to safeguard your brand’s identity and legal rights.

The Importance of Trademark Renewal

As a trademark is an intellectual property, renewing it maintains the Intellectual property rights for the period of next 10 years. Let us discuss the importance of trademark renewal:

• Exclusive Rights and Legal Protection

When you renew your trademark, you continue to enjoy exclusive legal rights over your brand name, logo, slogan, or symbol. This means no one else can use or copy it without your permission. Trademark renewal also protects your business from counterfeits and infringement, which allows you to take legal action if someone misuses your brand identity.

• Valuable Business Asset

A registered and renewed trademark becomes a powerful intangible asset. It adds financial value to your business, especially when you seek investors, enter joint ventures, or plan to sell your brand. Trademarks can also be licensed or franchised, which generates steady revenue.

• Enhanced Brand Recognition and Consumer Trust

A well-known logo or name helps customers easily identify your products or services, building trust and loyalty over time. Renewing your trademark signals professionalism and consistency, which enhances your brand’s image in the eyes of the public.

• Market Exclusivity and Competitive Edge

Renewal ensures that you maintain exclusive access to your brand in the market. Competitors cannot use similar names or logos, which helps you stay distinct and protected in a crowded marketplace. This exclusivity is a key advantage for long-term brand growth.

• Simplified Global Expansion

If you plan to take your brand international, a valid and renewed trademark is often required to apply for protection under global agreements.

The Process to Renew a Trademark

Here's a step-by-step guide to the trademark renewal process:

Step 1: Application Submission

• Start by visiting the official Trademark e-filing portal. ?
• Complete Form TM-R, which is the designated form for trademark renewal.
• Ensure you accurately fill in all required details, which include the following: ?

1. Trademark Registration Number?
2. Applicant's Name and Contact Information?
3. Power of Attorney Details (if applicable)

• You can then download the Form TM-R directly from the Intellectual Property India website. ?

• Attach the necessary documents along with the application, and submit the following: ?

1. A copy of the original trademark registration certificate. ?
2. Proof of identity and address of the applicant. ?
3. Power of Attorney, if an agent is filing on your behalf. ?

Step 2:  Examination by the Trademark Office

• Once the form has been submitted, the trademark registry will review the application to verify the following details:

1. The trademark's current status and its eligibility for renewal. ?
2. Compliance with all necessary documentation and fee payments. ?

• If there are any issues or discrepancies in the forms, the registry will notify you, which will allow you to respond and rectify them within a specified timeframe. ?

Step 3:  Publication in the Trademark Journal

• Public Announcement: After the approval of the form, the details of the renewed trademark are published in the trademark journal. This publication serves as a public notice and allows for any opposition to be raised. ?
• Opposition Period: Third parties have a set period to file objections if they believe the renewal infringes upon their rights. If an opposition is filed, it may lead to hearings or further examinations. ?

Step 4:  Issuance of Renewal Certificate

• If there are no oppositions or any raised issues that have been resolved, the trademark registry will issue the renewal certificate. This confirms the extension of your trademark's validity for another ten years.

Documents Required to Renew a Trademark in India

Here is the list of documents needed to renew a trademark in India:

• Proof of Identity
• Proof of Address
• Completed Form TM-R
• Copy of the Trademark Registration Certificate
• Copy of Form TM-A
• Power of Attorney (if applicable)

What is the Non-Use of a Trademark?

Simply registering a trademark isn’t enough to maintain its protection, but using it actively is essential. If a trademark isn’t genuinely used in commerce for a continuous period of 5 years and 3 months, it becomes vulnerable to cancellation. This means that if you don't actively use your registered trademark, others can apply to have it removed from the official register. Regularly using the trademarks safeguards your legal rights and also ensures your brand remains distinctive and protected in the marketplace.

Consequences of Non-Use of a Trademark

Neglecting to use a trademark can lead to significant consequences and cause removal from the official register. Let us discuss the consequences of non-use of a trademark:

Legal Framework

According to section 47 of the Trade Marks Act, 1999, a registered trademark is vulnerable to cancellation for the following reasons:

• Lack of Genuine Intent: In case, at the time of registration, there was no bona fide intention to use the trademark. And also if it hasn’t been used up to three months before an application for removal is made.
• Continuous Non-Use: If the trademark hasn’t been actively used for a continuous period of 5 years and 3 months from the date of registration.

Implications of Non-Use

• Risk of Cancellation: Extended periods of non-use can prompt the parties to seek the trademark’s removal, which leads to potential loss of exclusive rights.
• Market Vulnerability: An unused trademark may indicate inactivity, which makes it susceptible to infringement or misuse by competitors and may harm the brand’s value.
• Legal Precedents: Indian courts have consistently upheld the principle that trademarks must be actively used to maintain their registered status.

Recommendations

• Regular Use: Ensure consistent and genuine use of the trademark in commerce to maintain its validity and protect against potential legal challenges.
• Documentation: Keep all the records of the trademark’s usage, such as the advertising materials, distribution channels, and sales records, to provide evidence of active use if required.
• Renewal Awareness: You need to stay informed about the renewal deadlines and the importance of continuous use. As the mere renewal may not suffice to protect against cancellation actions.

Ways to Check Trademark Validity in India?

To check if a trademark is valid and active in India, you can do it easily through the official Intellectual Property India website, which is managed by the Government of India. Here’s how you can check if your trademark is valid and active in India:

• Visit the official trademark website.
• On the homepage, go to the "Trade Marks" tab
• Click on "Related Links", then select "Trademark Status”
• Enter your Trademark Application Number
• Fill in the CAPTCHA code and click "View"

The website will now show your trademark's current status. If the status says “Registered”, your trademark is valid. If it says “Expired” or “Abandoned”, the trademark is no longer protected legally. Trademarks in India are valid for 10 years and need to be renewed before expiry to remain active. Always check the status regularly and renew on time to protect your brand. This service is free and can be used by anyone.

Alternative Method: Through TM Certificate

If you already own the trademark, check its validity in your Trademark Registration Certificate. A registered trademark in India is valid for 10 years from the date of registration and must be renewed before expiry. Do you need help with trademark registration, renewal, or compliance? Let us assist you!

Regular use and timely renewal are key elements to keep your brand safe from theft or misuse. A trademark not only gives legal protection but also builds trust with customers and adds value to your business. So, treat it like a valuable asset, use it often, renew it in a timely, and keep your brand identity strong and secure in the marketplace. Here you will get a detailed explanation of trademark validity in India and its renewal process. Contact Online Legal India to get guided and file your application flawlessly.