Trademark Renewal

Trademark Renewal

India is the booming economy and thus leading to the formation of lots of MSMEs and is currently facing the startup wave. In order to match-up the pace and to secure their brand name and logo the demand for trademark registration is on increase as well. Once the trademarks are registered, it has duration of 10 years. Registered trademarks have a 10-year validity and can be renewed indefinitely

A trademark can be renewed in India from time to time for an unlimited period on payment of the renewal fees, failing which the mark becomes liable to be removed from the Register of trademarks. Request to renew a trademark in India can also be filed within six months AFTER THE EXPIRY of the registration/renewal term if accompanied by the requisite late renewal fees on the prescribed form.

On 6th March 2017, Government of India replaced the Trade Marks Rules. In 2017, to streamline for a process for trademark registration in India. The new rules reduce the number of trademark forms and simplify the trademark filing process while increasing the government trademark-filing fee substantially for corporate entities. In this article, we look at the Trademark Rules, 2017 and the trademark filing specified in the new rules.

• In order to renew the trademark, the applicant has to file form TM-12 properly signed and sealed by the authorized representative of the applicant. The renewal application can be made by the registered proprietor only and not by licensee of the registered proprietor, in other words, if there has been any change in the proprietor (owner of the trademark) on account of death, assignment etc. then in that case the new proprietor must be updated in the register of trademark, however if it’s not performed then in that case and the renewal application must also be accompanied with a joint request by registered proprietor and transferee to register the transferee as subsequent proprietor of trademarks upon the same devolution of title in Form No. TM-23 or/and a request to register a subsequent proprietor of a trademark upon devolution of title in Form No. TM-24.
• The Registrar must notify the registered proprietor, or in the case of a jointly registered trademark each of the joint registered proprietors, and each registered user, if any, in writing on Form O-3 of the approaching expiration, at the address of their respective principal place of business in India as entered in the Register, or where the registered proprietor or registered user has no principal place of business in India, at his address for service as entered in the Register.

Trade Mark Renewal request can be filed within six months before the expiry of Registration or renewal. The trademark fee for renewal of an existing trademark registration is Rs.9000 for e-filing and Rs.10,000 for physical filing. In case a trademark registration has elapsed, then an application for restoration and renewal must be filed under 25(3), 25(4) for each class. For such applications, the trademark restoration and renewal fee would be Rs.18,000 for e-filing and Rs.20,000 for physical filing.

The trademark registration is a kind of an intellectual property protection, under this, a word or a visual symbol being used by any business to help distinguish its goods or services from that of the other similar goods or services which may be originating from a different business gets protected. This benefit will continue if the trademark is renewed.

Document Required

Documents Required for Trademark Renewal:

The trademark renewal can done be in two ways:

Renewal to change any sign or words in the already existing trade mark

Renewal without any changes.

For filing the application of renewal of trademark, the following documents are required:

• A copy of the Registration Certificate
• Power of Attorney
• ID & Address Proof of the Applicant and a copy of TM-1.

It is possible to do the trademark renewal anytime within 6 months of expiration of the expiry of the previous Trademark Registration by filing TM-12 with the prescribed late renewal fee.