When and How to Renew a Trademark Online in India?
Trademark Registration in India is necessary for a business to protect its brand from being infringed by others. Trademark registration provides many legal rights and benefits to the trademark holder, having the right to sue any person in the court of law for misusing the already registered mark or using a similar trademark and etc. However, a registered trademark in India expires after 10 years and is required to be renewed so as to continue its possession and use. There is no restriction on the number of times a trademark can be renewed and the trademark holder can enjoy its posses till the time it is being renewed. This article will discuss about when and how to renew a trademark online in India.
What is a Trademark?
A trademark is a mark such as a logo, symbol, word, design, word, label sound etc which is used to distinguish the products of one person from the others. It is necessary to register a trademark so as to protect the brand name from being infringed or misused by others. Once a trademark is registered, it becomes an asset for the business as the business with such registered trademark can create its unique identity to its consumers. Trademark registration provides legal rights to the registered holder.
What is Trademark Renewal and when to renew a trademark?
Trademarks in India are registered for a period of 10 years and are required to be renewed thereafter as per the Section 25 of the Trademarks Act, 1999. Trademark renewal preserves the rights which are available only to a registered mark. The owner of the trademark is required to file for the renewal of trademark on or before 6 months from the date of expiration of the registration. If the owner fails to obtain the renewal before the expiry of the mark, the Registrar is at liberty to remove such trademark from the trademark register.
Ways in which Trademark Renewal can be done in India
There are two ways in which renewal of trademark can be done in India, that are:
- The owner of the trademark can apply for trademark online renewal by altering any sign, words in the existing trademark.
- The owner of the trademark can apply for trademark online renewal without making any changes in the existing trademark.
What is the Procedure to renew a Trademark Online in India?
The below mentioned procedure is required to be followed to renew a trademark online in India:
- The registered trademark holder is required to file a Form TM- R to apply for renewal of trademark.
- The application for the renewal of trademark may be filed either by the registered holder himself or by an authorized agent.
- A Form TM- 18 shall be submitted along with an affidavit in support of the statement.
- The trademark holder is required to pay a sum of Rs. 9000 as a trademark renewal fee for online trademark renewal.
- Further application shall be scrutinized for any correctness.
- The trademark registrar on being satisfied with the application for renewal of trademark shall issue a certificate of renewal in the name of the trademark holder/ owner.
- Such renewal will be duly reflected in the Trademark Journals.
Documents required for Trademark Renewal in India
The documents that are required to be submitted along with the application for trademark renewal are as follows:
- Address proof of the registered trademark holder.
- PAN Card.
- Trademark registration certificate issued by the registry of trademarks.
- Power of Attorney if the application is filed by a layer on behalf of the registered trademark holder.
What are the Benefits of Trademark Renewal in India?
- The purpose of trademark registration for a business is to claim its rights. Once the trademark is registered, the trademark holder can take important steps towards securing his business rights. When trademark holders renew a trademark online, the exclusive rights over the mark gets extended for another 10 years. The renewal provides continuation of protection against any infringement of rights over the brand name. The goodwill so created by the brand over the years is secured and extended without any hindrance.
- Once the trademark is renewed online, it provides protection against any frivolous litigation. A timely trademark renewal helps the trademark owner to protect its mark and makes it impossible from the other people to claim rights over the trademark. The registered trademark owner can sue the people for unauthorized use of his trademark.
- The renewal of trademark online helps the brand to continue to spread the vision, unique characteristic of the organization and brand image. And the creation of brand image would easily incline human resources towards working for the organization. This would eventually help to reduce cost of searching for and hiring or employing quality manpower considerably.
- A registered trademark owner has exclusive rights to license or assign the trademark to someone else in return of some royalty or monetary compensation. Therefore, one can easily make a profit from a trademark which continues to be registered in his own name by renewing it from time to time.
Consequences if the Trademark is not renewed
If a trademark is not renewed, the consequences for it are severe. In case, no renewal application is filed or no fee has been paid for the renewal by the trademark holder, the registrar may remove the mark from the register. Before removing the mark, shall first advertise regarding his intention to remove the mark by the notice in the trademark journal. The failure to renew the mark doe not only effect the trademark holder but also to the people to whom it has further been assigned or licensed. However the trademarks act still provides another chance to renew the trademark when the renewal period has lapsed. The proprietor can apply for restoration of trademark.
It is necessary for a trademark holder to renew a trademark online in India so as to keep its mark protected from any infringement or unauthorized use of it by the others. Trademark renewal ensures that the benefit enjoyed by the owner of trademark continues and the reputation and goodwill of the brand is maintained in the market.