Trademark Renewal Process in India

Trademark Renewal Process

Trademark Renewal Process in India

Apr 3, 2021 Trademark by admin

Trademark registration is only valid for a limited time. Once that time ends, it’s your turn to file for trademark renewal online. Not doing so will make you lose the right to your trademark.

Despite knowing the implications of not renewing the trademark on time, people still ignore it. Why? It’s because they are afraid. After reading explanations of the process online, they fear that trademark renewal is complex.

We are going to make it simple for you. Reading this article will tell you everything you need to know about the process of renewing a trademark.

Let’s begin.

How long is a trademark registration valid for?

Trademark registration is valid for a long period of 10 years. During this period, you have the right to:

  • Use the trademark on the goods and services
  • Market your goods and services using the trademark.
  • Fight against those who use your trademark without your permission.

Once the trademark registration validity is nearing its end, you’ll receive a notification from the IP department to renew your trademark. At that time, you get two choices:

  • Either you can let your trademark die and move on.
  • Or you can start thinking about the renewal of a trademark in India.

If you continue to use the mark after it’s validity is over, the IP department doesn’t consider you the mark’s owner anymore.

What happens if you choose not to renew your trademark?

The Intellectual Property Department doesn’t force you to renew your trademark after it expires. However, keep the following consequences in mind before you make your choice:

  • Removal of the trademark from the registry: If the registrar doesn’t receive trademark renewal fees from you, they will remove the mark from the registry.
  • Those to who you assigned your trademark will lose their rights: Not going through the trademark renewal procedure won’t only be a loss for you. Those who have licensed your trademark will also suffer.
  • No protection from infringement claims: If you use the trademark after its validation is over, you don’t have any shield against false infringement claims.
  • Anyone else can use the trademark: A trademark becomes free to use by anyone once removed from the registry. Anyone else can use the mark you worked hard to build their brand.

However, all is not lost. The Trademark act understands that you can’t instantly renew your trademark. Thus, it provides you with some time to either renew or restore your trademark.

Also Read: how to clear objected trademark

The trademark renewal process in India

The trademark renewal process in India contains the following steps:

  •  Fill the application form called TM-12. It’s the trademark renewal application form. You have to fill this form within six before the expiration of the trademark’s validity.
  • If you haven’t filed the renewal form for 3 months of these six months, the IP department will send you a notification.
  • Submit the trademark renewal fees along with the trademark renewal application.
  • Wait for the IP department to process your trademark renewal request.
  • If there are no claims against your trademark, your trademark will be renewed.

What if you miss the timeline of filing the trademark renewal application?

In case the trademark validity expires before you could file for its renewal, you get a chance to restore your trademark rights.

Within 6 months to 1 year after the expiration of the trademark’s validity, file the trademark renewal application.

The Registrar will advertise the trademark once again to invite third party objections.

If there are no objections during the trademark’s advertisement period, your trademark rights will be given back to you.

Conclusion

Don’t forget the trademark rights are finite. Prepare for trademark renewal ahead of time by contacting Regalguru.