Trademark Renewal

After the end of the validity period of the Trademark, it can be renewed again and again. Once it is renewed, a certificate of renewal is issued to the owner of the trademark.

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How Does The Trademark Renewal Process Work?

Registered trademarks have a 10-year validity and can be renewed indefinitely
We help you for trademark renewal in 3 simple steps:

Checking

We will check your existing documents

Step 1

Filing of Forms

We will prepare the forms to renew the trademark

Step 2

Status Updates

You will be kept up-to-date on the status of your application

Step 3

What is Trademark Renewal?

Registered trademarks have a 10-year validity and can be renewed indefinitely. The Registrar has set a wide window for you to do so, beginning from 6 months before the date of expiry. Even if you forgot, as even large organisations tend to do, you will be sent a notice to your registered address before the date of expiry. If you still do not file for renewal, the registrar may advertise its intention to remove the trademark in the Trade Marks Journal. This is, however, likely to happen only 12 months after the expiry date. Between 6 and 12 months after expiry, trademark registration can be renewed on payment of a fine through a process called ‘restoration’.

Benefits of Trademark Renewal

Legal Protection

if you believe your registered trademark has been infringed, you can easily establish your rights in court. Trademark registration is essential in sectors in which piracy is rampant.

Business Opportunity

A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald's. Businesses can earn huge money in royalties through licensing agreements or even transfer of ownership to interested parties.

Unique Identity

You would want your customers to identify your products or services with your brand. Registering your trademark is the first step toward ensuring this. The law would then prevent any similar words or slogans from being registered.

Checklist For Trademark Renewal

  • Pre-existence of a registered trademark, possessed by the proprietor, subject to renewal.

  • The intent for commercial use should be analyzed for eligibility.

  • Make sure that there is no similar trademark, by executing a trademark search of the eminent and licensed trademark database.

  • If there is a conflict of trademark it is prudent to get a legal opinion for a feasible solution.

  • Procure and prepare an application for renewal and thereby comply with appropriate conditions.

How to Renew a Trademark:

There are two kinds of renewal:
  • Alteration and change of sign or logo of the registered trademark.

  • Application made without any change of trademark.

The procedure is as follows-
  • An application for renewal is made in the form of TM-R.

  • The application can be filed by either the registered owner of the trademark or an agent authorized by him.

  • Filing a renewal application for trademark, renews it for another 10 years.

  • After filing the trademark registration can be renewed, it is very important to check the status of your application periodically until it is processed by the registrar.

  • The Trademark Journal is an official gazette of the Trademark registry which governs the application status whether it is accepted or not. If accepted then it is advertised in the Trademark Journal. Therefore, the renewal process should begin 3 to 6 months before the expiry of the trademark.

  • Form-18 is used to file the application, with the requisite fees. The application is reviewed for quality before it is finally approved for renewal.

How SavaniAssociates Helps With The Trademark Renewal Process

Requirement

As soon as you send us your details, a representative will get in touch to find out more about your requirements and explain the process and charges to you. Charges would depend on whether you need the trademark renewed or restored. Renewal costs Rs. 5000 in government fees, while restoration costs Rs. 8000.

Renewal Application

Our lawyers will start working on your Trademark Renewal application and prepare the relevant documents. Either Form-10 or Form-12 would need to be filed with the registrar, along with renewal fees.

Confirmation

We will keep you up-to-date on the status of your application, and within four to five months you will receive confirmation that your trademark has been renewed for another 10 years.

Trademark Objections

In some cases, the trademark examiner might see certain problems or issues with the registration of your trademark. These issues can be either the filing of an incorrect trademark form, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.

When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.

If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.

The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.

Trademark Opposition

On the other hand, A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their own trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the Registrar within 2 months.

If the Registrar feels the counter statement addresses the opposition substantially, they may dismiss the opposition. Alternatively, if the registrar feels there is more to be weighed, they may call for a hearing with both parties appearing before them and presenting their cases. After the hearing, the Registrar will rule on the validity of either the application or the opposition. This ruling can be appealed before the Intellectual Property Appellate Board within 3 months of it being made public.