What is Trademark Registration?
Trademark is a Type of Intellectual property. More than 3 Lakhs of Trademark application are filed every year in India. but many of the applications are not been in use. Hence to ensure the use of the mark, it is mandate to renew the application every 10 years, failing which, the mark is considered as removed.
Validity of Trademark Registration
Trademark Registration provides us an Everlasting Right. But subject to renewal of every 10 years. This is just to ensure that the mark is been used by the applicant continuously.
At this juncture you may have a doubt, whether 10 years duration is from the date of filing the trademark or from the date of Grant of the Trademark. The actual duration is that a Trademark is valid for next ten years from the date of Application.
What is the Procedure for Renewal of a Registered Trademark
Trademark Renewal application (FORM TM R) can be submitted within one year before the expiry of the Registration. Before the expiry of the Trademark Application, the Registry will send a Intimation Notice (O3 NOTICE) to the Applicant at the address of service as mentioned in the Trademark Application.
How to apply for Trademark Renewal
Step 1: The applicant or his Attorney must submit the Trademark Renewal Form (Form TM R)
Step 2: Renewal order will be communicated at the Address for service
Step 3: The renewal of the Registered trademark will be published in the official Gazette of the Trademark Registry.
What if a Trademark expires?
If because of some reason, we fail to renew a Registered trademark before the expiry date, then in such case on submission of a Restoration Petition along with request for Renewal then the registrar at his discretion will allow the application for Restoration. The maximum period for applying the restoration petition is within 1 year from the date of last day of renewal.
Trademark Renewal Forms
Form R: This is the renewal form and which can be filed one year before the actual date of the renewal. The Government fee for filing a Trademark Renewal shall be Rs.10,000/-
Form R (With Penalty for restoration): If we fail to renew the Trademark on time, we need to file a restoration form within 1 year from the date of expiry of the Trademark. The additional fee shall be Rs.10,000/-
What are the benefits of Trademark Renewal
Continues protection: By renewing the Trademark registration, the applicant gets a continuous protection over the same. If the mark is removed and reapplied, then there would be a great interruption in the continuity of legal protection. During that period the Proprietor of the Trademark cannot initiate an infringement suit. Hence it is compulsory to renew the mark on time.
Brand value: By holding a trademark for a longer time, your brand value builds day by day. Hence you can acquire enormous goodwill by holding the mark continuously for plenty of years.
What are the document that need to be submitted for Trademark Renewal
Some years back you need to submit few documents like the Registered certificate along with Form TM 12 and Form TM 48 for renewal process. But now just by filing TM R, the application shall be renewed. You need not file any address proof or id proof along with the renewal application