Overview of Trademark Renewal
Nowadays, India is growing leaps and bounds as a destination for the purpose of trade all over the world. With a rapid increase in business and commerce in the country, the demand for Trademark Registration in India is growing day by day. A Trademark is a word, symbol, sign, or words registered or legalized for the use of representation of the specific products or services of an entity or a company.
The illegal use of a Trademark that is registered gives the authority to the Company the right to take a legal action against Trademark Infringement. The Registration of a Trademark is the most vital feature for the Company. After the incorporation of the Company, the Registration of Trademark of the Company with the Registrar of Trademark should be done. The Registration of Trademark is valid for a time period of 10 years only.
Therefore, the authorized Company should always renew the Trademark from time to time to retain the rights of Trademark associated with the Trademark. In case the Company fails to apply for the Renewal of Trademark, then the Company can apply for Restoration of Trademark. In this article, we will discuss the step by step procedure for Trademark Renewal in India.
The process of Trademark Renewal in India is required to begin at least 6 months prior to the date of the expiration of the Trademark Registration of the applicant. The Renewal of Trademark helps the authorized owner of the registered Trademark to keep the Trademark perpetual and permanent. The Trademark Renewal in India can be done as many times, and for how many years, the owner of the registered Trademark wishes to keep the status active and registered for the same.
The authorized owner of the registered Trademark, in case, if fails to comply with the stipulated time period and the fees prescribed for the Trademark Renewal in India, will lose the Registration of Trademark and consequently have to bear the adverse effects related with it.
What is a Trademark?
The main function of a Trademark is to differentiate the products/services delivered by the trader/entity from those offered by other traders/entities. Hence, a Trademark is an essential part of any company or business. It recognizes a trader and communicates to customers that the products/services manner the mark come from a distinctive source, differentiable from all other sources for those products or services.
Often, the word Trademark is used to define both Trade Marks and service marks. The Service Mark vs Trade Marks dissimilarity is really small, and such marks are fundamentally a similar thing. The difference is that a Trademark encourages goods or services, whereas a service mark encourages services. It looks to be common usage to refer to service marks as either Trademarks or Service Marks. But, the reverse is not true, and you cannot refer to a mark attached to goods as a service mark.
What are the benefits of Trademark Renewal in India?
The benefits of Trademark Renewal in India are as follows:
- Protection from any Frivolous Litigation
The time to time Trademark Renewal in India will save the possibility of any kind of frivolous Litigation on the authorized owners of the Trademark. The Renewal makes it impossible for any other person to claim the rights on the Trademark other than the authorized owner of the Trademark.
- Security of the Brand Name
The Trademark Renewal in India will promise continuous and unhindered protection of the Brand Name from the other competitors in the market. There will be an actual loss of legal protection of the Brand Name if the time period to file for the application of Renewal has lapsed.
- Ownership Rights Extension
The applicant is authorized to avail protection from the Infringement of Trademark in India. The Trademark Renewal in India extends the exclusive rights of the authorized owner over the registered Trademark for a time period of 10 years after each Trademark Renewal in India.
- Monetary Returns
The owner of a registered Trademark in India has the exclusive rights to assign or license the Trademark to someone else. The Trademark assignment and license of a Trademark are given to someone else in return for some kind of monetary compensation to the authorized owner of the registered Trademark. The owner can thus, make a certain amount of profit from the registered Trademark in India.
What are the necessary documents required for Trademark Renewal in India?
The necessary documents required for this process in India are as follows:
- PAN Card of the Applicant;
- Address Proof of the Applicant;
- A Power of Attorney by the Attorney of the Applicant;
- The Certificate of Trademark Registration issued by the Registry of Trademark;
- The application filed by the applicant for the Registration of Trademark with the Registry of Trademark.
What is the procedure for Trademark Renewal in India?
The Trademark Renewal in India can be done in the following 2 ways:
- Application for the Renewal of Trademark in India without any change;
- Application for the Renewal of Trademark in India with a change in sign or words in the already existing registered Trademark.
The procedure for Trademark Renewal in India is as follows:
Filing of Application
- The application for Trademark Renewal in India is made in Form TM-12.
- The application is required to be made by the owner of the registered Trademark or by an authorized agent of the owner.
- The help of the professionals is advised to be taken while filing the application of the Trademark Renewal in India. The guidance from the professionals will ensure that the Trademark is very well protected.
Status Check of Application
- After filing of the application for Trademark Renewal, it is very important to check for the status of the filed application from time to time until the Registrar of Trademark processes the same.
- The Trademark Renewal in India, from time to time, requires various time-bound responses or actions from the applicant of the registered Trademark.
Advertisement in Trademark Journal
- The Trademark Journal is an Official Gazette in the Trademarks Registry, which states that whether the application filed for Registration of Trademark is accepted or not by the Registry.
- If the Registrar of Trademark, thinks that the application filed is acceptable, then the Trademark is officially advertised in the Journal of Trademark at the Registry.
- When the application filed is advertised in the Trademark Journal at the Registry, the third party is given an opportunity for the opposition of the Registration of Trademark. The process of Trademark Opposition is not needed while there is a Renewal of an already registered and existing Trademark in India.
What are the consequences of failure to comply with the requirements of Trademark Renewal in India?
The consequences of not renewing the Trademark that is registered are severe. In case if the application for Trademark Renewal in India is not filed, or the prescribed fees for the same is not paid by the registered owner of the registered Trademark, the Registrar is authorized to remove the Trademark from the Register of the Trademarks. Before the removal of the Trademark from the Register of Trademarks, an advertisement of the intention of Registrar to remove the registered Trademark from the Register of Trademark is required to be done in the Journal of Trademark.
The failure to renew the registered Trademark not only affects the authorized owner of the Trademark but also affects the other person who is either assigned or licensed with the registered Trademark. The Non-Renewal of the registered Trademark also weakens the legal position of the authorized owner of the Trademark.
The Trademark Registration gives the benefit of exclusiveness to the authorized owner of the Trademark. The Registration of Trademark protects the authorized owner from the Infringement of Trademark claims. The main benefit of Trademark Renewal in India is that any other person is not authorized to use your Trademark and affects the value and reputation of the Trademark in the market.
Hence, to protect the registered Trademark, the Trademark Act, 1999, in India gives another chance to renew the Trademark by the Restoration of Trademark.
Frequently Asked Questions
A Registered Owner needs to get his/her trademark renewed in every 10 years.
Yes, a logo is covered under the ambit of Trademark Registration.
In such a case, the Registrar might strike-off the said Trademark from the Register.
The different types of Trademark Symbols are TM, SM, and R.
The registered owner of a goods and services gets to benefit from a Trademark.
The main advantage of a trademark is that it helps the owner preserve the uniqueness and individuality of the goods and services.
The main difference between the two is that copyright gives protection to unique content, whereas, trademark gives protection to the logo, slogan, brand name, colour combination, etc.
Yes, it is possible to remove a registered trademark from the register by filling an application to the registrar in the specified format. One also needs to mention the reason for striking off the name.
Yes, a Registrar can strike-off a name on a suo motu basis.
The main functions of a Trademark are to Preserve the identity of the Goods and Services; Confirming Unchanged Quality; Advertising Goods and Services; and Creating Brand Image.
For Trademark Renewal in India, an application in Form TM-12 is made with the prescribed fees of Rs.5000.
Yes, a 3-dimensional mark is registrable under the Trademark Act in India.
An individual can get his/her trademark renewed in every 10 years.
The sources of Trademark Law in India are the International Multilateral Convention; National Bilateral Treaty; Regional treaty; Precedents of Courts; Practices in Office that are reduced in Manuals, guidelines, and rulings of the Courts; Decisions of the Intellectual Property Appellate Board or IAPB; and Textbooks that are written by Experts, Academicians, and Professionals.
No, the owner needs to get the trademark renewed in every 10 years.
The steps included in the Procedure for Trademark Renewal are Filing of Application; Checking of Status; and Advertisement of Trademark Journal.
The key benefits of Trademark Renewal are Protects Frivolous Litigation; Security of Brand Name; Extension of Ownership Rights; and Monetary Returns.
The necessary documents are PAN Card and Address Proof of Applicant; Power of Attorney; Certificate of Trademark Registration; and copy of the application filed for Registration.
Yes, it is always advisable to consult an IPR expert for obtaining Trademark Renewal in India.
When the registration holder gets his/her or Trademark Renewed after 10 years, the process is known as Trademark Renewal.