For renewal of trademark, The Trademark Law in India has gone through a considerable makeover with the Trademark Rules of 2017 and is a remarkable and progressive phase for trademark registration in the country. It is very evident that there has been a massive increase in Trademark Registrations over the last decade and India is emerging as one of the most preferred destinations for commercial projects. Trademark Registration in India is monitored by the Trademark Act, 1999
It includes registering a logo, marks, symbols, slogan, graphic, combination, sound or smell. The Controller General of Patents, Designs, and Trademarks regulates trademarks in India. The trademark symbol TM and registered trademark symbol ® are two symbols of Indian trademark. TM can be used with any common law usage of a mark, while ® may only be used by the owner of a mark. It is a monopoly right restricting others from using the registered trademark.
Procedure for Renewal of Trademark
Trademark can be renewed in two ways:-
- Renew your trademark for changing any sign or word in the existing mark
- Renew your trademark without any change
Trademark lasts for 10 years and it requires to renew procedure after the expiry of 10 years period. If a person forgets to renew his trademark right, he shall lose his claim. The claim relates to the ownership right. As long as protection through registration is alive, the burden of proof is on others to disprove ownership. Trademark renewal is necessary to continue to hold the power of ownership. It keeps others outside the domain of your trademark.
- For renewal, you need to fill a form (TM-12).
- This form can be filed on or before 6(six) months from the date of expiration of 10 years.
- If no application for renewal is made within one or three months before expiration, the registrar shall send a notice to the owner regarding renewal purpose. A trademark cannot be ceased unless a notice has been served. Governmental fee for renewal along with FORM (TM-12) is to be submitted.
- In case the owner forgets to renew the trademark by the expiration person and the mark expires. The owner can apply for restoration of the trademark by filing FORM (TM-13). He can do so, from six months to one year after the expiration of such registration.
- After receiving the application for either renew or restoring, the Registrar shall advertise the mark and wait for objections if raised.
- After the expiry of a waiting period, if no objection raised, once again the mark will be entered into the journal.
Documents for The Renewal
- Copy of the Registration Certificate
- Power of Attorney
- Identity proof of the Applicant
- Address of the Applicant
- A Copy of TM-1 Form
- A Renewal Application made in TM-12 Form
- Duly filled Form-18
- A Government Fees of Rs.400
Status of Trademark Renewal
It is very important to check the renewal application regularly until it is processed by the Trademark Registrar. This is important because numerous time-bound responses are required by the applicant during the process. Hence it is vital to keep a track of renewal application and take the required action until trademark registration.
If your trademark application is accepted by the registrar then it will be advertised in the Journal. It is done for the third party to raise any objection to the trademark registration. However, this isn’t required during the process of renewing an existing trademark.
Consequences of Non-renewal
In case of not filing the renewal application or payment of a fee by the owner, the registrar will remove the mark from trademark journal. However, before removing, he shall issue a notice of his intention to remove the mark from a journal. Non-renewal will have severe consequences as others can copy or use your mark without any consent. It will also affect the assignee of the trademark. It will restrict your legal right as you are no longer eligible to claim it.
You may refer to the article:- How to Apply for Trademark Registration