What is the procedure of Online Trademark Renewal in India?

In India, it is mandatory to renew the trademark after the expiry of trademark registration. The application for trademark renewal has to be filed within one year before the expiry of the registered trademark. If the applicant fails to apply for the Trademark Renewal, then the trademark can be removed, but the restoration of the trademark is possible before six months from the expiry of the trademark. Scroll down to check more information regarding the process of Trademark Renewal in India

Below is the list of the benefit of the renewal of trademark in India:

1. It prevents from violation of your trademark.
2. Protects from litigation.
3. Gives monetary compensation and benefits.
4. Renewal of a trademark helps to protect the brand name and provides security. Failure of the renewal leads to a pause of legal protection in the brand name.
5. It provides exclusive rights over the trademark after each renewal.
6. Trademark renewal help to keep your perpetual and permanent.
7. Provides unhindered protection of your brand name.
8. If anyone wants to expand and popularized his/her brand, then the trademark is an important asset that can be immensely valuable.
9. If anyone uses your brand name or copy the brand name without taking permission from the owner of the registered trademark, then the owner can take legal action against them. After the renewal, one can benefit from violations of his/her rights over the ownership.

Following are some vital documents required at the time of online trademark renewal in India:

1. Submit a copy Registered trademark certificate which is possessed by the owner and issued by the Trademark Registry.
2. Power of Attorney to signify the applicant.
3. PAN card of the applicant.
4. Submit the address proof of the applicant it can be the latest electricity bill or water bill or telephone bill or gas bill.
5. Submit a copy of the proof of Conflicted Trademark.
6. Submit a copy of the application filed with the Registry of Trademark.

The applicant must apply for renewal of trademark before the six months from the expiry date of the trademark registration. After applying for the trademark renewal, the Registrar will send a notice to the owner by informing him of the upcoming renewal date. The owner of the registered trademark has to pay the prescribed renewal fees along with the renewal application form.

Renewal of the trademark can be done in two ways:

1. First one is to renew the trademark without any changes.
2. Renew the Trademark with some modification or changes (Change name or words).

Follow the steps below to complete the trademark renewal process:

Step 1: Fill the Application Form (TM-R):

• Fill the TM-R form for the trademark renewal.
• The application can be filed by an agent or by the owner of the registered trademark. It does not need to be filed by the registered owner itself.
• If the process of renewal is done physically or offline, then the renewal cost for applying is Rs. 10,000/- and if the process is done online, then it charges Rs. 9,000/-.

Step 2: Check the Application Status:

It is mandatory to check the status of the application regularly after filing the trademark renewal application. It needs many time-bound actions or responses from the applicant. That's why it is essential to take action until the process and regularly check the status of the renewal application.
 

Step 3: Advertisement in Trademark Journal:

This is well known as the Official gazette of the Trademark Registry office. The trademark is published in the Trademark Journal first, and it indicates that the application filed for the Trademark Registration is accepted or not by the Trademark Registry. When the trademark is advertised in the journal, the third party is given an opportunity for the trademark opposition. But for the Renewal, there is no need of trademark opposition because the trademark is already registered in India.
 

Step 4: Trademark Expiration:

In some case, if you don’t apply for the renewal of trademark before the six months after the expiry date of trademark registration, still you can apply for the restoration. You can apply for the restoration by filling the application form and paying the prescribed fee as per Section 25(4) of the Trademark Act, 1999. But the restoration can be done only within one year of the expiry of the registered trademark.

Suppose your trademark renewal period has been failed and you fail to file Form TM-12. In that case, the owner has the option of going for the restoration of the trademark and this process is used only when the renewal period of the trademark ends. Trademark Restoration can happen within six months to one year after the date of the expiry of the trademark registration, and for that, the owner of the trademark must file TM-13 Form. Once you file the form, the Registrar receives the request, and they will advertise the mark to check that no other company is using the same mark. After the advertisement of the mark, they are sure no one objects to the trademark is being restored and the mark will again be registered into the Register of Trademark. The trademark restoration will keep the mark active for another ten years.

If the applicant fails to renew the registered trademark, then the consequences are severe. The Registrar of the Trademark will remove the trademark from the Trademark Registry. The failure to renew will affects the owner of the registered trademark, and it also affects another person who is assigned with the trademark. It also decreases the legal position of the owner. That's why the Trademark Act, 1999, gives a chance to renew the trademark by the Trademark Restoration.

Considering the numerous advantages of renewing your trademark registration, make sure to renew your trademark on time. You do not want to miss out on the deadline for trademark renewal. Renew it on time and reap the rewards of your creation. If you have any questions related to legal, then you can contact to Swarit Advisors.