Trademark Renewal
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Documents Required
- Pan Card
- Bank Account Details
- Aadhaar Card
- Business Address Proof
- GSTIN (if applicable)
Trademark Renewal
Trademark renewal is the process of extending the protection of a registered trademark beyond its initial 10-year validity period. In India, a trademark must be renewed every 10 years to maintain its legal protection and ensure that the trademark rights remain intact. Failure to renew a trademark can result in its removal from the Trademark Register, which could lead to a loss of exclusive rights and leave the brand vulnerable to infringement.
Importance of Trademark Renewal
Continued Legal Protection:
Renewal ensures that the trademark remains protected under the law, granting the owner exclusive rights to use the mark.
Prevents Infringement:
A renewed trademark maintains its enforceability, allowing the owner to take legal action against unauthorized use.
Maintains Brand Identity:
Regular renewal helps in preserving the brand’s identity and reputation, ensuring that it continues to represent the business.
Avoids Removal from the Register:
If a trademark is not renewed, it can be removed from the Trademark Register, making it available for registration by others.
Asset Retention:
A registered trademark is a valuable intangible asset that can be sold, licensed, or franchised. Renewal helps in retaining this asset.
Documents Required for Trademark Renewal
Trademark Registration Certificate:
A copy of the original trademark registration certificate.
Trademark Renewal Application (Form TM-R):
The completed renewal application form.
Power of Attorney (if applicable):
If the renewal application is filed through an attorney or agent, a Power of Attorney must be provided.
ID and Address Proof of the Applicant:
Proof of identity and address of the trademark owner or the authorized signatory.
Proof of Use (if applicable):
Evidence of the trademark’s continued use in commerce, such as advertisements, invoices, or sales records.
Payment Receipt:
Proof of payment of the renewal fees.
Trademark Renewal Process
Check Renewal Due Date:
The trademark owner should keep track of the renewal due date, which is 10 years from the date of registration or from the date of the last renewal.
Filing the Renewal Application:
The renewal application must be filed before the expiration date of the trademark. It can be filed online through the official IP India website or manually at the Trademark Registry Office. The application is filed using Form TM-R.
Payment of Renewal Fees:
The appropriate renewal fees must be paid along with the application. Late renewal (within 6 months after expiration) incurs additional fees.
Acknowledgment and Receipt:
After the renewal application and fees are submitted, the Trademark Registry issues an acknowledgment receipt.
Publication in Trademark Journal:
Once the renewal is processed, the renewed trademark is published in the Trademark Journal.
Issuance of Renewal Certificate:
After successful renewal, the Trademark Registrar issues a renewal certificate, confirming the continued registration of the trademark.
Post-Renewal Maintenance:
Even after renewal, the trademark owner must continue to monitor and enforce their trademark rights to prevent any potential infringement.
Consequences of Non-Renewal
Loss of Exclusive Rights:
Failure to renew the trademark results in the loss of exclusive rights to use the mark, leaving it unprotected.
Removal from Trademark Register:
If the renewal is not completed within the stipulated time, the trademark may be removed from the Register, making it available for registration by others.
Re-registration Process:
If a trademark is removed, the owner may have to go through the re-registration process, which can be time-consuming and costly.
Potential Brand Damage:
The loss of trademark protection could lead to unauthorized use, dilution, or damage to the brand’s reputation.
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