Renewal and Restoration of Trademark in India- Meaning and Process

India is a country which is growing rapidly as a destination for the purpose of trade all over the world. With such rapid increase in business and commerce in the country, the demand for Trademark Registration in India has also increased. A Trademark is a word or a symbol or sign registered or legitimized for the graphic representation of the specific products or services of an entity or a company.

Meaning of Trademark Renewal

In India, the Registration of Trademark is valid for a period of only 10 years. In order to keep the trademark registration permanent, an application for Renewal of Trademark must be filed either online or offline to the Registry of Trademark. This application should be filed along with the prescribed fees to the Registry.

Time Period

This process of renewal of trademark should begin at least 6 months before the expiration of the Trademark Registration. This process of renewal of trademark can be repeated as many times the owner wishes to keep the status of the registered trademark active.

Methods for Renewal of Trademark Registration

Trademark Renewal can be done in two different ways. They are as follows:

• Renewal in any sign or work of the already registered Trademark,
• Renewal to be done without any change.

Benefits of Trademark Renewal

Some of the benefits of Trademark Renewal are mentioned below:

• Protection from litigation
• Brand Name Security
• Extension of Ownership’s Rights
• Monetary Compensation

Protection from litigation

The timely renewal of trademark in India will save the owners of the registered trademark from any such litigation process which in frivolous in nature. This process of Renewal of Trademark makes it impossible for any other person to claim the rights of an already registered trademark.

Brand Name Security

The Renewal of Trademark in India helps to secure the brand name or any logo of a company or an entity from any other competitors in the market. In case if an owner fails to file for an application along with the prescribed fees for the process of renewal of trademark in India, the owner might lose all the rights over the logo or word or symbol or brand name or any graphical representation of the company.

Extension of Ownership’s Right

The renewal of trademark legalizes the owner of any registered trademark to avail the protection from the Infringement of Trademark in India. It authorizes exclusive rights to the owner of the registered trademark for a period of over 10 years.

Monetary Compensation

The owner of any registered trademark has the right to assign or licence the trademark to someone else. Such assignment of licence can be done in return of some kind of monetary compensation to the owner of registered trademark. This helps the owner of a registered trademark to make some profit.

Documents Required for Trademark Renewal

The documents required for the process of renewal of Trademark in India are as follows:

• PAN Card of the Author.
• Address proof of the Author.
• Power of Attorney duly signed by the Attorney.
• Certificate of Trademark Registration in India.
• Copy of the application filed by the author for the registration of trademark with the Registry.

Procedure for Renewal of Trademark

The procedure to be followed by the applicant for the purpose of renewal of trademark is mentioned below:

Filing of Application

• The application for the renewal of trademark by the author of the registered trademark must be made in FORM TM-R.
• This application must be made either by the author himself or by an agent who is authorizes by the author himself.

Status of Application to be checked

• Until the registrar of Trademark processes the application of trademark, it is deemed to be important for an applicant to check for the status of application at the regular interval.
• The trademark renewal process at times requires various time bound actions along with the responses from the applicant who has applied for the trademark renewal.

Publication in Trademark Journal

• Once the application for the process of renewal of trademark has been accepted by the registrar of the Trademark then the same is to be advertised in the Trademark Journal.
• After the publication of such advertisement in the Trademark Journal, the third party are given the opportunity to oppose the registration of such trademark.
• Although, this process is not required if an application is made only for the renewal of the registration of the trademark

Trademark Renewal Process after Expiry of Renewal Period

If the author of the trademark refuses to renew the trademark six months after the expiration date, a different trademark renewal procedure is followed in India. This renewal process of trademark can be granted by submitting Form TM-13 along with the specified fee of INR 5000.

However, this application can be filed only if the date of expiration of trademark has not exceeded the time period of one year.

Consequences of Failure to Renewal of Trademark

• The consequences of failure for the renewal of trademark which is registered are considered to be severe.
• However, in case if the application for the renewal of trademark is not filed or there is any failure in the payment of the prescribed fees by the author for the renewal of trademark, the Registrar can remove the Trademark already registered.
• The non-renewal of a trademark takes away all the legal rights of the applicant.

Thus, in order to protect ones’ legal right for the infringement of trademark along with the reputation of the author in the market it is deemed necessary for the renewal of trademark.

Meaning of Trademark Restoration

Under Section 22(4) of Trademarks Act, 1999^[1], the owner of any registered trademark can apply for the process of trademark restoration in India. Trademark Restoration is defined as the process of bringing back of the Trademark, which has been removed from the Register of trademarks at the Registry.

This happens when the owner of the registered trademark fails to file for the renewal of the trademark registration, within the stipulated time along with the prescribed fees the owner will lose the registration of trademark.

By filing an application for Trademark Restoration to the Registry of Trademark the removed Trademark can be restored in the Register of Trademark.

Time Period

This application for Restoration of Trademark can be filed after completion of 6 months but within 1 year from the date of expiration of the last Registration of Trademark.

Where to Apply for the Trademark Restoration?

The owner of any trademark which is to be restored can file application for Trademark restoration in Form TM-R along with the Restoration fee and the prescribed Renewal fee. Once the request for restoration has been accepted by the Registrar, an advertisement must be made in the Trademark Journal regarding the same.

Conclusion

The benefit of being different from others is being provided by the process of the registration of trademark. Thus, in order to enjoy this benefit it is necessary for the renewal of trademark registration along with its restoration. The author of the registered Trademark should apply for the Renewal of Trademark within the prescribed time period in order to save the dilution of reputation and value of Trademark in the market.

We Swarit Advisors aims to provide professional and consulting services in India and will help you with the Renewal process of Trademark. For more information, you can contact us.

Also, Read our Article: How to Choose Correct Trademark Class for Trademark Registration in India