How To Renew Your Trademark ?
Renewing a trademark registration in India is crucial to maintain its legal protection and prevent infringement by others. According to the Indian Trademark Act of 1999, a trademark registration is valid for ten years from the date of application filing and can be renewed every ten years indefinitely as long as the owner continues to use the mark and pays the renewal fee.
Renewing a trademark in a timely manner is essential to prevent it from being cancelled or infringed upon by others. The renewal process can be initiated up to six months before or after the expiry date, with payment of a late fee.
Why should you renew your Trademark?
In accordance with the Indian Trademark Act of 1999, it’s of utmost importance to renew a trademark registration in India to uphold its legal safeguarding and avert susceptibility to infringement or cancellation by other parties.
Trademark registration is deemed valid for a period of 10 years from the date of application filing, following which it necessitates renewal. The renewal can be performed every 10 years for an indefinite span of time, as long as the trademark owner continues utilizing the mark and remits the renewal fee.
Renewing a trademark assures the owner that their exclusive rights to use the trademark concerning their goods or services endure unchallenged. The renewal also upholds the trademark’s repute and goodwill, deterring others from misusing it or weakening its distinctiveness.
Furthermore, failure to renew a trademark registration may lead to its removal from the Trademark Register, leaving the owner devoid of any legal protection. This could result in a loss of brand recognition, business prospects, and revenue.
Therefore, renewing a trademark in India promptly is indispensable to maintain its legal protection and safeguard the owner’s rights and interests.
Process of Renewal of Trademark
Renewing a trademark in India is a crucial process that owners must undertake to maintain their legal protection and prevent infringement by others. Here are the steps involved in renewing a trademark in India under the Trademark Act:
- Determine the renewal due date: Trademark renewal can be done every 10 years from the date of application filing. The owner must be aware of the renewal due date to avoid any delay or penalty.
- Submit the renewal application: The trademark renewal application must be submitted to the Trademark Registry in the prescribed form, along with the requisite fees. The application can be submitted either online or offline, depending on the availability of the concerned Trademark Office.
- Wait for the examination report: Once the renewal application is submitted, the Trademark Registry examines it to ensure that it meets the legal requirements. If there are any discrepancies, the Registry may issue an examination report to the applicant, asking them to rectify the same.
- Respond to the examination report: If an examination report is issued, the owner must respond within the prescribed time, which is usually one month from the date of receipt. The response must be in the prescribed format and must address all the objections raised by the Registry.
- Await the renewal certificate: Once the renewal application is accepted, and all objections, if any, are resolved, the Trademark Registry will issue a renewed registration certificate. This certificate confirms that the trademark registration has been renewed for another 10 years.
It’s important to note that the renewal process can be initiated up to six months before the expiration of the registration and up to six months after the expiration date, with payment of a late fee. If the renewal is not done within six months of the expiry date, the registration may be removed from the Trademark Register. Therefore, it’s advisable to renew the trademark registration on time to avoid any legal implications.