Trademark Registration in India Can Be Renewed After?
Introduction
Trademark registration are pillars of intellectual property rights. Trademark protection is that under which a brand name, logo, slogan, or other distinctive mark is imparted the object for which law is granting the same and only on the owner with an intention to use the same for trade. But just like in any other case in court, there is a time limit, so similarly for trademark registration even for certain limited period of time. But if let’s assume after a period of time. Can trademark be renewed if already lapsed in India? We would like to seek additional clarification regarding trademark renewal process, law of term of renewal etc. in this article.
What Is a Trademark?
Let us analyse what is a trademark, prior to knowing how it is being renewed. A trademark is a single name, symbol, device, combination symbol, or name which tells us that other company’s products or services are unique from the products or services of some other organization of the same kind. The trademark is registered at the Controller General of Patents, Designs, and Trademarks (CGPDTM), Ministry of Commerce and Industry, India.
Being the time period since the registration of a trademark, it is held reserved for some period of time, and absolute proprietor right in the current context vests in the proprietor to deal the trademark along with trade. Legal right having been evolved from registration under Indian law cannot be availed to perpetuate abuse and misuse of the same.
The Validity of a Trademark in India
Indian renewal of trademark is 10 years from the filing date. Grace period has been given under the Trade Marks Act, 1999. Owner is free to renew the trademark after 10 years. For enjoying privilege of monopoly over the trademark, trademark will be made renewable after having lapsed 10 years.
Can You Renew a Trademark After It Expires?
Yes, Indian trademark renewal is effective after expiry but with a rider.
Pre-expiry Renewal
At least earlier earlier expiry, always submit the renewal application is better. Even neatly submit the renewal application even 6 months before trademark registration expiry. Indian Trademark Office does have reasonable room to have policy of renewal and thereby not leading to unprotected gaps. But if trademark owner can do same renewed before expiry, then again 10 years grace period would be enough.
Renewal after Expiry (Grace Period)
If the trademark has expired and the owner was not aware that he or she must renew it, there is a 6-month grace period during which it can be restored. The owner can apply within this timeframe without losing protection for the trademark.
See also that in case of renewal in the grace period, there is a late fee. The late fee would also vary based on whether applicant is individual, start-up, small or big company. One would need to do it at the earliest within the grace period so that one would not have lost the trademark.
How to Renew Trademarks in India
Whether your trademark renewal is made earlier, or later, than the stipulated time, the procedure is quite simple. Step by step hereafter is how to do it:
- Renewal Application Filing: The owner of the trademark would have to file a renewal application with the Trademark Registry. It may be filed online from the official website or in person at the registry.
- Required Documents: The forms to be filed for trademark renewal application are:
- A TM-R Form that needs to be downloaded from the website of the Trademark Registry.
- Photocopy of the trademark registration certificate.
- Proof of use of mark (as may be specified by the registry).
- Information regarding applicant’s identity.
- Fees payable: Renewal fee differs with different applicants (start-up, individual, etc.) and trademark classes (good or service classes). Late renewal fee will also be paid along with the renewed fee paid after the above-mentioned due date.
- Exam and Recognition: Once they file the renewal application to the Trademark Registry, they will track the process of the process of renewal application. As long as everything is fine, then it is filed and a renewal certificate is granted.
- Certificate of Renewal: The new certificate is granted on the date of issue, where the trademark is reserved anew for 10 years from the commencement date to be calculated again.
Consequences of Failing to Renew a Trademark
If the trademark is not registered within or during the period of the term of the grace period or on the due date, then the trademark will be deleted from the register of trademarks. The proprietary right of the trademark will no longer be in the proprietor, and any other company can register and use the same mark.
Non-renewal will result in loss of trademark identity, market confusion, and war of laws. Arrangements must be made so that protection is not lost.
Importance of Trademark Renewal
Trademark renewal is not a ministerial task; caution must be exercised so that your trademark integrity and security are not lost like before. Why to renew a trademark is as follows:
- Protection of Intellectual Property: Protection of intellectual property under law through re-registration makes your intellectual property safe for ten years.
- Right of Use Monopoly: It gives monopoly of right of use of the mark to the owner, and no one or no company can abuse similar trademarks in the future.
- Recall of Brand Value: Trademarks protect brand value, and otherwise brand value is lost.
- Always Lawfully Protects: Your recently renewed trademark protects you from being sued in the event that your business is poised to violate your rights.
Factors to Consider Before Renewal
As you submit a request for renewal, even as trademark renewal is not your will but an obligation, don’t forget the following:
- Business Information Expansion: If your company experiences a general information change (i.e., business or ownership change of address), insert corresponding information into trademark registers as well.
- Trademark Non-Use: If you won’t be using your mark for an extended period, renew or let it lapse because you won’t use the mark.
- Trademark Infringement: Trademark infringement would imply that you would need to engage a trademark lawyer prior to being able to renew the trademark.
Conclusion
Trade name registration is the first priority of Indian companies to obtain business name and intellectual property. Registered trademark is not permanent. The trademark owners would have to renew for sole use in the future after 10 years. Fate would decide that Indian Trademark Registry window period of 6 months provides a window period in which one can restore an already registered, lapsed trademark.
Their owners are required to pre-renew or else they become dispossessed, i.e., prepaid charges. Without pre-renewal of the trademark, it is struck off the register and thus the brand loses right of protection.
Periodic checks on the process of restoration after an interval and periodic checks as per law can assist the trademark owners to restore their right of monopoly for another 10 years as well and hence enable them to endorse their businesses.
Frequently Asked Questions (FAQ)
Q1: How long is the Indian trademark valid for?
Indian trademark is renewable 10 years from date of filing and then for every subsequent 10-year period as long as you remit the fees.
Q2: I have lost my renewal date. What should I do?
You can renew your trademark if you have forgotten what is your trademark renewal date, within 6-months grace period time with extra fee. Whereby you have also forgotten that one and that period to your use, then the trademark would be deleted from the register.
Q3: Can I renew my trademark before expiry date?
Yes, renew 6 months before expiry date of your trademark.
Q4: India renewal fee?
India renewal fee depends on applicant type (individual, start-up, or business organization) and good/service class. Ref. Trademark Registry website.
Q5: Do we renew a trademark filed more than 10 years ago?
Indian trademark can be renewed only in successive 10-year blocks. Extension of time for renewal not permitted.
Q6: What is filed on trademark renewal?
You ought to submit Form TM-R, utilize evidence (if present), certificate of registration, and identity details of applicant, for the Indian trademark renewal.
And so, you shield your trademark, secure it, and a peaceful business property in the future.