Trademark Renewal
Resolve your trademark Renewal with HelloAuditor.com.
Absolutely Free Business Startup Consultations & Advisory.
Get Perfect Solutions and to the point answers from our team.
Get 1 to 1 mentorship at point to point services.
Get Free Consultation
Overview
A trademark is a valuable asset for any business, providing legal protection and exclusive rights to use a brand name or logo. However, a trademark is not granted indefinitely; it requires periodic renewal to maintain these legal rights. Trademark renewal is the process of extending the protection of a registered trademark for additional periods, usually every 10 years. Failing to renew a trademark can result in the loss of protection, making it vulnerable to misuse by third parties.
What is Trademark Renewal?
Trademark Renewal is the formal process of extending the legal protection of a registered trademark. Typically, trademarks are valid for 10 years from the date of registration, after which they need to be renewed. By renewing a trademark, the owner retains the exclusive rights to use the trademark and to prevent others from using it without permission.
Why is Trademark Renewal Important?
Continuous Legal Protection
Renewing your trademark ensures that your brand remains legally protected, preventing others from using it.
Get Free Consultation
Retention of Rights
Failure to renew can result in the trademark being canceled or deemed abandoned, which means losing exclusive rights to the brand.
Brand Value
A trademark represents the identity of your business, and keeping it registered helps preserve the brand’s value.
Avoid Infringement
Renewing a trademark gives the owner continued legal standing to enforce their rights and take action against infringement.
Who Needs Trademark Renewal?
Business Owners
Companies and organizations with registered trademarks that are nearing the end of their 10-year validity period.
Trademark Assignees
If a trademark has been transferred to a new owner, the assignee is responsible for its renewal.
Legal Heirs
If a trademark has been inherited, the legal heir must ensure the timely renewal of the trademark to maintain ownership.
Benefits of Trademark Renewal
Extended Protection
Secures your exclusive rights to use and license your trademark for another 10 years.
Avoiding Trademark Cancellation
Renewing on time prevents the risk of your trademark being removed from the registry due to non-renewal.
Increased Brand Trust
A renewed and active trademark signals a well-protected and credible brand, increasing consumer confidence.
Monetary Asset
A registered and renewed trademark continues to add value to your business as an intellectual property asset.
Eligibility for Trademark Renewal
Trademark Owner
The individual or company that holds the registered trademark.
Legal Heirs or Assignees
Those who have inherited or acquired the trademark through assignment must renew it in their name.
Authorized Representatives
If a representative is managing the trademark, they must handle the renewal process on behalf of the owner.
Documents Required for Trademark Renewal
Trademark Registration Certificate
Proof of trademark registration.
Power of Attorney
If an attorney or representative is renewing the trademark on behalf of the owner.
Identification Documents
Proof of identity of the owner (e.g., Aadhar, passport, or PAN).
Application Form TM-R
The official application form for trademark renewal.
Proof of Usage
In some cases, proof that the trademark is still in use might be required.
Steps to Renew a Trademark
Prepare Renewal Application
The trademark owner or representative must fill out the TM-R form, the official application for renewal.
Submit Documents
Submit the necessary documents along with the application to the Trademark Registry.
Pay Renewal Fees
Pay the prescribed government fees for trademark renewal.
Verification Process
The Trademark Office reviews the application and checks if the renewal requirements are met.
Publication in Trademark Journal
Upon approval, the renewed trademark is published in the official Trademark Journal.
Receive Renewal Certificate
Once the process is complete, the Trademark Registry will issue a renewal certificate, confirming the extension of trademark rights.
FAQs on Trademark Renewal
1. When should I renew my trademark?
You can apply for trademark renewal six months before the expiry date. A late renewal application can also be filed within six months after the expiration date with an additional fee.
2. What happens if I fail to renew my trademark?
If you fail to renew your trademark within the given time, it may be removed from the trademark register, and your rights to the trademark will be lost.
3. Can a trademark be renewed after its expiration?
Yes, a trademark can still be renewed within six months after its expiration by paying a late fee. Beyond this grace period, it will be canceled.
4. How often do I need to renew my trademark?
Trademarks need to be renewed every 10 years to maintain their validity and legal protection.
5. Is trademark renewal a complicated process?
The renewal process is relatively straightforward if done within the prescribed time. Hiring a trademark attorney or agent can help streamline the process.
6. What if my trademark renewal is opposed?
If there is any opposition during the renewal process, you may need to resolve the dispute through legal channels before your trademark is renewed.
7. Can I transfer my trademark during renewal?
Yes, you can transfer or assign a trademark during the renewal process. Ensure the assignee’s name is properly recorded during the application.
8. How much does trademark renewal cost?
The renewal fee varies based on the jurisdiction and whether the renewal is done on time or late. Consult with the Trademark Office or your legal representative for the exact fee.
9. Can I renew my trademark online?
Yes, many countries allow online trademark renewal through their official trademark portals, making the process more convenient and efficient.