RENEWAL OF TRADEMARK REGISTRATION IN INDIA
IMPORTANCE OF ONLINE TRADEMARK RENEWAL
Trademark renewal is crucial for maintaining the protection and value of a brand. Here are some key reasons why trademark renewal is important:
- Continued Protection:Renewing a trademark ensures that the owner maintains exclusive rights to use the mark in connection with their goods or services. Without renewal, the protection afforded by the trademark may lapse, potentially allowing competitors to use similar marks.
- Preservation of Brand Identity:Brands invest significant time and resources in building their identity and reputation. Renewing a trademark helps to preserve this identity by preventing others from using confusingly similar marks that could dilute the brand's distinctiveness or cause consumer confusion.
- Legal Compliance:Many jurisdictions require regular renewal of trademarks to maintain legal protection. Failure to renew a trademark can result in its cancellation or abandonment, leaving the brand vulnerable to infringement and loss of rights.
- Avoiding Loss of Investment:Trademarks often represent valuable assets for businesses. Renewing a trademark protects the investment made in establishing and promoting the brand, ensuring that the business can continue to benefit from its reputation and goodwill.
- Preventing Trademark Trolling:Inactive or expired trademarks may become targets for trademark trolls, who seek to register lapsed marks in bad faith to extract money from legitimate trademark owners. Renewal helps to prevent such exploitation and maintain control over the brand.
- International Protection:For businesses operating internationally, maintaining active trademark registrations is essential for protecting the brand across different jurisdictions. Renewal ensures ongoing protection against infringement in key markets.
- Enforcement of Rights:A valid and renewed trademark strengthens the owner's ability to enforce their rights against infringers. It provides a clear basis for legal action and may enhance the likelihood of success in disputes over trademark usage
In summary, trademark renewal is not just a bureaucratic requirement but a strategic necessity for safeguarding the integrity, value, and legal protection of a brand. It ensures that businesses can continue to leverage their trademarks effectively and maintain their competitive edge in the market.
TIME LINE OF RENEWAL OF TRADEMARK REGISTRATION IN INDIA
First filing deadline:
A Declaration of Use under Section 8 form must be filed between the fifth and sixth years after the registration date. If you miss this deadline, you can also file up to six months after the deadline during the grace period for an additional government filing fee of $100 per class.
Second filing deadline:
You must file a Declaration of Use under Section 8 and an Application for Renewal of Registration under Section 9 between the ninth and tenth years after the registration date. Once again, if you miss this deadline, you can file up to six months after the deadline during the grace period for additional fees.
Requirements in Successive Ten-Year Periods:
You must file a Declaration of Use under Section 8 and an Application for Renewal of Registration under Section 9 between every ninth and tenth-year period after the registration date. If you fail to file the required form every 10 years, then your trademark registration will be subject to cancellation.
DOCUMENTS REQUIRE FOR ONLINE TRADEMARK RENEWAL IN INDIA
Following documents should be require for renewal of trademark:
- A certified true copy of trademark registration certificate
- A certified true copy of TM-A form
- Copy of photo Id issued by government
- Residence proof (e.g. utility bill, bank statement)
- A power of attorney (if authorized authority represents you)
PROCESS OF ONLINE TRADEMARK RENEWAL
1.Initiate the Application:
Visit the Trademark e-filing portal and select the “New Application” tab. Choose “File TM-R”, the specific form for trademark renewal.
2.Fill and Submit the Form:
Carefully complete all the mandatory fields in the online TM-R form. Remember to upload the required documents. Once everything is complete, click “Submit” to initiate the request.
3.Sign and Make Payment:
The system will generate a draft request for your review and signature. After signing, you’ll be directed to the payment section. Select the appropriate form and proceed with the online payment.
4.Confirmation and Receipt:
After the successful payment, you’ll receive an acknowledgement slip with your application details. You can also access a payment receipt with a QR code for future reference.
CONSEQUENCES OF NON-RENEWAL OF TRADEMARK REGISTRATION IN INDIA
1.Loss of Protection:
When a trademark registration is not renewed, the protection provided by that registration expires. This means that others may be free to use the trademark without infringing on any registered rights.
2.Inability to Enforce Rights:
Without an active trademark registration, the owner loses the ability to enforce their exclusive rights to use the trademark. This can make it difficult to prevent others from using the mark or to take legal action against infringement.
3.Loss of Priority:
In some jurisdictions, failing to renew a trademark registration can result in a loss of priority rights. This means that if someone else applies for or registers a similar trademark after the original registration expires, they may gain priority over the original owner.
4.Increased Risk of Infringement:
Without a registered trademark, other businesses may be more likely to use a similar or identical mark, leading to potential confusion among consumers and dilution of the brand's distinctiveness.
5.Reapplication Process:
If a trademark registration is not renewed but the owner still wishes to protect the mark, they will need to go through the application process again. This can involve additional time, effort, and expense compared to simply renewing the existing registration.
6.Loss of Investment:
If the trademark has been established and associated with the brand for a significant period, failing to renew the registration can result in the loss of the investment made in building and promoting the brand under that mark.
7.Negative Impact on Business:
Losing the exclusive rights to a trademark can have a negative impact on the business's reputation, market position, and overall value. Customers may become confused or lose trust in the brand if others begin using a similar mark.
8.Legal Challenges:
Non-renewal of a trademark registration may also leave the owner vulnerable to legal challenges, such as claims of abandonment or cancellation proceedings initiated by third parties.
FAQs ON RENEWABLE OF TRADEMARK REGISTRATION IN INDIA
1.Which form should be file for renewable of trademark registration in India?
Ans. FORM, TM-R
2.Shall be renew the trademark registration after expiry of registration?
Ans. Yes, with the extra fees of Rs. 4500/- (late fees).
3.What is the time limit for renewable of trademark registration in India?
Ans. Trademark should be renewed before 6 months from the expiry date of the trademark.
4.what are the fees for the renewable of trademark registration?
Ans. Rs. 9000/- via. online mode and Rs.10000/- via. offline mode.
5.for how long is the trademark renewed?
Ans. Trademark renewable is valid for 10 years.
6.What if someone opposes my trademark renewal?
Ans. If someone believes they have grounds to oppose the renewal of your trademark, they may file an opposition with the relevant trademark office. In such cases, legal proceedings may follow to resolve the dispute.
7.Can I make changes to my trademark during the renewal process?
Ans. Typically, the renewal process is straightforward and only involves confirming the details of the existing trademark. If you wish to make changes, such as updating the trademark design or description, you may need to file a separate application for a trademark amendment.
