What is Trademark Renewal?
The Registered trademarks have a 10-year validity and can be renewed indefinitely. The Registrar of Trademark has a specific method for you to do so, beginning from 6 months before the date of expiry. Even if person forgets, as even large organisations tend to do, the trademark department will send you notice to your registered address before the expiry of the trademark. If the persons chooses for not renewing the trademark, then the registrar can advertise its intention to remove the trademark in the Trade Marks Journal. However, it generally takes time of approximately 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
- Business Opportunity
- Unique Identity
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-
- The application for renewal of trademark is filed in the form of TM-R.
- The application for renewal can be filed by either by the registered owner of the trademark or an agent or attorney authorized by him.
- Filing a renewal application for trademark, renews it for another 10 years.
- After filing the Trademark Renewal application, 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.
Documents required for Trademark Renewal
- Copy of the Registration Certificate.
- Power of Attorney
- Any ID and Address Proof of the Applicant
- Copy of TM-A