How to Start a TRADEMARK RENEWAL

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Overview of Trademark Renewal

India is rapidly emerging as a global hub for trade, leading to an increasing demand for trademark registration. A trademark, which can be a word, symbol, or sign, represents a company’s products or services and serves to distinguish them in the marketplace. When a trademark is registered, it grants the business the legal right to protect its brand and take action against any infringement.

However, trademark registration is valid for only 10 years, after which it needs to be renewed to maintain its protection. Trademark renewal is essential for keeping the rights associated with the trademark active. If a company fails to renew its trademark in time, it can apply for trademark restoration, though this may involve additional steps.

Trademark renewal in India must begin at least 6 months before the expiration date of the registration. The process allows the trademark owner to extend their trademark rights indefinitely, provided the renewal application is filed on time. If the renewal is not completed within the prescribed period and fees, the trademark registration may lapse, causing potential legal and business consequences.

What is a Trademark?

A trademark is primarily used to distinguish a company’s products or services from those of others. It serves as a brand identifier, signifying the origin of goods or services and assuring customers of the distinctiveness and quality associated with the mark.

While the terms "trademark" and "service mark" are often used interchangeably, the difference lies in what they represent. A trademark is used for products, while a service mark is used for services. However, both serve the same function of distinguishing offerings in the marketplace, and it's common to refer to service marks as trademarks in practice.

Benefits of Trademark Renewal in India

The renewal of a trademark in India offers several key advantages:

  1. Protection Against Unwarranted Litigation
    Regular trademark renewal helps protect the owner from frivolous legal challenges. By keeping the trademark renewed, the rightful owner ensures that no one else can claim ownership or rights over the trademark.

  2. Brand Name Security
    Trademark renewal ensures continuous protection of the brand name, safeguarding it from competitors in the marketplace. Failing to renew the trademark could result in the loss of legal protection, potentially leaving the brand vulnerable to misuse.

  3. Extension of Ownership Rights
    Trademark renewal extends the owner’s exclusive rights over the registered trademark for another 10 years. This allows the trademark holder to maintain protection from infringement and preserve their brand identity for a longer period.

  4. Monetary Benefits
    The trademark owner can earn financial returns by licensing or assigning the trademark to others. Through trademark assignment or licensing agreements, the owner can receive compensation for allowing others to use the trademark, generating potential revenue.

The following documents are required for the Trademark Renewal process in India:

  1. PAN Card of the Applicant
  2. Address Proof of the Applicant
  3. Power of Attorney signed by the applicant’s attorney
  4. Trademark Registration Certificate issued by the Trademark Registry
  5. Application for Trademark Registration filed with the Trademark Registry

What is the procedure for Trademark Renewal in India?


The process for Trademark Renewal in India can be carried out in two ways:

  1. Renewal without Changes: This is when the trademark is renewed without making any changes to the existing sign or wording.
  2. Renewal with Changes: This is when the trademark is renewed with modifications to the sign or words of the registered trademark.

The steps involved in the Trademark Renewal procedure are as follows:

1. Filing the Application

  • The application for Trademark Renewal is made using Form TM-12.
  • The application can be filed either by the owner of the trademark or by an authorized agent.
  • It is advisable to seek professional assistance during the filing process to ensure the trademark is properly protected.

2. Status Check of the Application

  • After filing the application, it is important to regularly check the status of the application until the Trademark Registrar processes it.
  • The applicant must respond to any time-bound actions or requirements from the Registrar during the renewal process.

3. Advertisement in the Trademark Journal

  • If the application is accepted by the Trademark Registrar, it will be published in the Trademark Journal, which serves as the official gazette for trademarks.
  • This publication allows third parties an opportunity to oppose the trademark registration. However, in the case of trademark renewal, opposition is not typically required since it pertains to an already registered trademark.

What are the consequences of failure to comply with the requirements of Trademark Renewal in India?

Failure to renew a registered trademark in India can have serious consequences. If the application for trademark renewal is not filed, or the prescribed fees are not paid, the Registrar has the authority to remove the trademark from the Register of Trademarks. Before this removal occurs, the Registrar must publish an advertisement in the Trademark Journal to notify the public of the intent to remove the trademark.

The consequences of non-renewal extend beyond the authorized owner, potentially affecting those who have been assigned or licensed the trademark. Additionally, the legal standing of the trademark owner becomes weaker, and the trademark loses its exclusivity, which is crucial for protecting the owner’s rights.

Trademark registration provides legal protection from infringement claims, and renewal ensures that no other party can use the trademark, preserving its value and reputation. To safeguard the trademark, the Trademark Act, 1999 allows for the restoration of the trademark, providing an opportunity for renewal even after the expiry date.