Trademark Renewal in India
Once the Trademark is registered, what next?
Once the Trademark is registered successfully with the registry, it is valid for 10 years. An Applicant enjoys the right for a continuous period of 10 years from the date of application but the responsibility to safeguard continues. One cannot forget the deadline to renew it on time.
On successful renewal, the Trademark will again be renewed for a further continuous period of 10 years.
Hence rather than going through hassles of registration of the trademark all again and starting it all over again, it is always better to renew the Trademark and enjoy the next uninterrupted protection of 10 years.
There is ample time given under the act to renew the Brand name. Non-renewal will lead to loss of all benefits associated with the Registered Brand. By timely renewal, the Applicant can continue to avail all the benefits available to a registered Trademark.
Time limit to file the Renewal Application:
The Applicant can file the Application within 6 months before the date of expiration of the Application.
If the time limit has elapsed and the renewal application is not filed on time then the Applicant has another chance to file the Application for renewal within 6 months after the date of expiration of the registration.
In this case, the Applicant has to pay the Normal fees + Surcharge to renew the Application.
Even if the second period is missed there is still the last chance to renew the application, which can be done from the end of 6 months to 1 year after the date of expiration of such registration, which is called restoration of Trademark.
Which Form should be filed for Renewal of Trademark?
The Form TM-R is the prescribed Form in which the Application for Renewal is to be filed.
Who can file the Application for Renewal?
The Application can be made by the owner himself or he can assign the work to an agent or attorney eligible to file the renewal application.
If the Application is filed with the help of an attorney or agent then the power of attorney has to be executed which will authorize the person mentioned in POA to file the Renewal Application on behalf of an applicant.
What is the process for Trademark Renewal?
The Application is to be filed in TM-R with payment of prescribed fees.
One needs to attach the Registration certificate and Power of Attorney as an attachment.
Consequences of Non-renewal of Trademark
The registered trademark comes with a bundle of benefits, which will all be lost suddenly if the non-renewal of a Trademark.
The competitors can grab the benefit of this situation as the non-registered mark can be used with an end of legal protection.
A registered trademark that is assigned or licensed will also get the effect.
The exclusive right over Brand name will be lost on an immediate basis on non-renewal of Brand name.