The Trademark Law in India has gone through a considerable makeover with the Trademark Rules of 2017 and is a remarkable and progressive phase for trademark registration in the country. It is very evident that there has been a massive increase in Trademark Registrations over the last decade and India is emerging as one of the most preferred destinations for commercial projects. Trademark Registration in India is monitored by the Trademark Act, 1999. In India, a registered trademark is valid for a span of 10 years after which the trademark renewal is required.
Procedure for Trademark Renewal
The trademark registration is valid for a span of 10 years. After the culmination of the 10 year period, the owner must file a trademark renewal application to be renewed for the next 10 years.
Following are a few points to be remembered by the owner in regard to trademark renewal:
- The trademark renewal should be done within 6 months before the expiration of the trademark.
- In case the owner forgets to renew the trademark by the expiration person and the mark expires. Then he is eligible to apply for the Restoration of the Mark by paying the prescribed fees. However, this can only be done within one year of its expiration.
- The Trademark Renewal Application should be sent to the registrar for its renewal. If the application doesn’t reach the registrar then he is eligible to notify the proprietor about the mark’s expiration.
- It is mandatory to pay the prescribed fees to carry out the renewal process.
Ways To Renew the Trademark
- Renewing the trademark after making any change in the existing mark
- Renewing the trademark without any change
Documents Required for Trademark Renewal
- Copy of the Registration Certificate
- Power of Attorney
- Identity proof of the Applicant
- Address of the Applicant
- A Copy of TM-1 Form
- A Renewal Application made in TM-12 Form
- Duly filled Form-18
- A Government Fees of Rs.400
Trademark Renewal Status
After successfully filing the trademark renewal application, it is very important to check the renewal application regularly until it is processed by the Trademark Registrar. This is important because numerous time-bound responses are required by the applicant during the process. Hence it is vital to keep a track of renewal application and take the required action until registration.
The Trademark Journal
The Trademark Journal is an official gazette of the Trademark Registry. If any trademark application is accepted by the registrar then it will be published in the Journal for the third party to raise any objection to the trademark registration. However, this isn’t required during the process of renewing an existing trademark.
The entire process may seem like a cake walk but honestly, it isn’t. A lot of companies often forget to renew their trademarks. In a recent case, Sony forgot to renew its trademark for a game, Bloodborne, risking the complete abandonment of the mark.
The safest option is a simple procedure of renewal. The essence of the topic is timing. If the renewal is filed well within time then the proprietor in no way would lose the registered mark.
Trademark Renewal is compulsory complying with the importance of trademark to a brand. Do it with TrademarkCart.