Trademark Renewal: Renew your Trademark Before its Expiry

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Trademark Renewal: Renew your Trademark Before its Expiry

One can define Trademark Renewal as extending the validity period of a registered trademark. You can renew your Trademark by filing the form TM-12 along with the renewal application fee. One must renew their business's Trademark from time to time to save it from expiring. The tenure of a Trade Mark is for ten years. Trademarks can be restored in India for an unlimited period, provided renewal fees are being paid on a timely basis.

Validity of a Trademark

Each Trademark renewal is valid for ten years. If you fail to renew your Trademark, the Registrar can remove your logo from the RoT. Therefore, Every registered trademark owner must renew it from time to time, especially when one needs to manage their Trademarks portfolio. If not renewed, your business can have irreparable repercussions if you fail to meet the timeline.

Registrar's notification before Trademark Expiry 

Trademark renewal is an important part of Trademark Management. A Trademark can be considered a graphical presentation of the Brand. The applicant must protect the identity of the business from infringement. Trademark Renewal requests can be filed six months before the registration expiry or Renewal. Even before the expiry of the registered Trademark, the Registrar can send the notice to the brand owner. The notice will be a reminder to the registered trademark owner regarding expiration. Also, it can notify the conditions as to the payment of fees. The Registrar will remove the logo from the TradeMark register if the applicant has not obtained the registration.

Types of Trademark Renewal

You can renew your Trademark in the following ways:

• The applicant can file for Renewal if he wants to change the structure or logo in the existing Trademark.
• The applicant can apply for Renewal without any change.

Rules for Renewal 

The procedure for trademark renewal is as follows:

Application of Renewal shall be made in form TM-12.

Either the registered owner shall make an application for the Trademark or his authorized agent.

Renewal Application Attachments

 For filing the application, the registered trademark owner must, along with the renewal application form TM-12, submit the following documents to the RoT (Registrar of Trademarks ):

Certified copy of the Trademark Registration certificate

Certified copy of the Trademark Registration application form (TM-A)

Proof of Identification of the Trademark Owner

Proof of Residence of the Trademark Owner

Power of Attorney (in case the applicant is an authorized representative of the owner)

Trademark Renewal Charges

You can submit your application for Renewal in two ways. First, the applicant can visit the concerned department's official premises. Or second, apply for Renewal online at the official website. The Authority can avail of both options to the applicant. But the trademark renewal fee varies as per the application mode.

• In case the applicant files the application physically, the license renewal cost is ten thousand rupees.
• In case the applicant files the application online, the license renewal cost is nine thousand rupees.

As you can see, the online renewal application fee is cheaper. Therefore, you can file your renewal application online to make the registration process easier.

Renewal Process for an Unregistered Trademark

Suppose an entity falsely represents a trademark as registered under the RoT for some specific goods or services. But in actuality, the Trademark is an unregistered one. In that case, the Authority will hold the unregistered Trademark Owner accountable and punish them with imprisonment for a term that can extend upto three years, or with a financial penalty, or both.

Suppose a person is selling, or hiring or exposing for sale, or hiring or possessing for sale, good or things, or providing or hiring services, to which an unauthorized logo or false Trademark is applied is punishable with imprisonment for a term of not less than six months and upto three years. The RoT can also levy a fine, an amount of not less than rupees fifty thousand to a maximum of two lakhs.

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