Overview of Trademark Renewal

All trademarks must be renewed every ten years. The renewal application should be filed at least six months before expiry to ensure uninterrupted protection and avoid any risk of litigation.

To renew a trademark, the applicant must file Form TM-R with the prescribed fee of  4,000. If the renewal is not completed within the stipulated time, the trademark becomes liable for removal from the register. However, in such cases, trademark restoration may be an option.

Preservation of Rights of a Trademark

A registered trademark provides legal protection to its owner. If a proprietor fails to renew the trademark, they will lose all associated rights and protections. A registered trademark carries the legal presumption of ownership, meaning that the burden of proof falls on others to challenge its validity.

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Benefits of Trademark Renewal

Legal Safeguard

A renewed trademark ensures legal protection, allowing the owner to take legal action against infringement and establish rights in court.

Creates a Unique Identity

Trademark renewal helps maintain brand recognition, ensuring customers can identify products/services with the registered brand. The law prevents similar trademarks from being registered for competing goods or services.

Business Opportunities

A trademark is an intangible asset that holds significant value. Companies can earn revenue through licensing agreements or transfer ownership to interested parties.

Extension of Ownership Rights

Renewal extends the exclusive rights over the trademark, offering continued protection from infringement and preserving the goodwill built by the brand.

Fewer Chances for Litigation

A renewed trademark prevents disputes over ownership and reduces the risk of legal challenges from others trying to claim rights over the mark.

Security for Brand Name

Trademark renewal ensures uninterrupted protection of the brand name. Failure to renew leads to loss of legal protection and makes the brand vulnerable to misuse.

Monetary Returns

Trademark owners can license or assign their trademarks for monetary compensation, making it a valuable financial asset that can generate income.

Required Documents for Trademark Renewal

1. Copy of the Registration Certificate – Proof of a pre-existing registered trademark owned by the proprietor.
2. Proof of Commercial Use – Documents demonstrating the determination and intention for commercial use.
3. Trademark Search Report – Verification that no similar trademark exists in the official trademark database.
4. Power of Attorney (PoA) – Authorization to represent the applicant in trademark-related proceedings.
5. Applicant's Address & Photo ID Proof – Valid identification and address verification of the trademark owner.
6. Copy of Trademark Registration Application (Form TM-A) – Initial application submitted for trademark registration.
7. Proof of Conflicted Trademark (if applicable) – If any trademark conflict arises, a legal opinion or supporting documents may be required.
8. Trademark Renewal Application (Form TM-R) – A duly filled renewal application to ensure compliance with legal requirements.

Procedure for Trademark Renewal

The proprietor must apply for renewal before the Registrar of Trademarks using Form TM-R at least six months before the trademark's expiration. If the renewal is not filed in time, it must be done within one to three months before the expiration date.

Steps for Trademark Renewal:

1. Application for Renewal

   • File Form TM-R for renewal before the Registrar of Trademarks.
   • A renewal notice will be sent to the proprietor as a reminder.
   • If no renewal notice is served, the trademark cannot be removed.

2. Modes of Renewal:

   • Simple Renewal – Renew the trademark without any changes.
   • Renewal with Modifications – Make changes or alterations to the existing trademark.

3. Application Filing & Fees:

   • The renewal application can be filed by the proprietor or an authorized agent/representative.
   • Filing Fees:
     • 10,000 – If filed physically.
     • 9,000 – If filed online via e-filing.
   • The application undergoes scrutiny before final approval.

4. Status Check:

   • Regularly monitor the renewal status until the Registrar processes the application.
   • Renewal requires timely actions; failure to respond may cause delays.

5. Trademark Journal Publication:

   • Once approved, the renewed trademark is published in the Trademark Journal.
   • Third parties have an opportunity to oppose the renewal during this period.

6. Trademark Expiration & Restoration:

   • If the renewal is not filed within six months after expiry, a restoration application can be submitted.
   • Restoration is permitted under Section 25(4) of the Trademark Act, 1999 within one year from expiry, subject to payment of prescribed fees.

Consequences of Failing to Renew a Trademark

Failing to renew a trademark can have serious consequences for the proprietor and other entities associated with the mark.

1. Removal from the Register

   • If the renewal fee is not paid or no renewal application is filed, the Registrar may remove the trademark from the register.
   • Before removal, the Registrar will advertise a notice in the Trademark Journal to inform the public.

2. Impact on Licensees & Assignees

   • Failure to renew does not only affect the proprietor but also impacts licensees and assignees who have rights to use the trademark.
   • Their legal rights and business operations may suffer due to the lapse in registration.

3. Loss of Legal Protection

   • The exclusivity and protection granted by the trademark registration will be lost.
   • Without renewal, third parties may start using the mark, leading to brand dilution and loss of reputation.

4. Opportunity for Trademark Renewal

   • The Trademark Act provides another chance for the proprietor to renew the trademark within six months after expiry.
   • This can be done by filing Form TM-10 along with the prescribed late fee.

Fastzeal Trademark Renewal Process

Trademark Renewal is a fundamental step in maintaining the existence of a registered trademark. The renewal application must be prepared with careful consideration, allowing ample time for all stages of the process. It is advisable to appoint an attorney with expertise in trademarks to avoid potential pitfalls during the application process.

Why Choose Fastzeal?

Fastzeal recommends consulting a trademark advisor to fully understand the renewal requirements. To initiate the process, some basic information will be required from you. Once you provide your details, a legal representative will reach out to discuss your requirements, process, and associated charges, depending on whether you need a renewal or restoration.

Our legal team will begin preparing the necessary documents and work on your Trademark Renewal application. Throughout the process, we will provide regular updates, and within 4 to 5 months, you will receive confirmation of your trademark renewal for another 10 years.

Why Fastzeal?

• Comprehensive Legal Assistance: We simplify legal requirements and connect you with experienced professionals.
• Client Satisfaction: Our clients highly rate our services due to our transparent and efficient processes.
• Real-Time Tracking: Stay updated on your application’s progress through our online platform.
• Dedicated Support: Our legal advisors are available for any queries related to Trademark Renewal.
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How It Works?

1. Purchase a Plan for Expert Assistance.
2. Submit Queries Related to Trademark Renewal.
3. Provide Necessary Documents to the Fastzeal Expert.
4. Application Processing for Trademark Renewal.
5. Receive Confirmation of Successful Renewal Within 4 to 5 Months.