The exclusive right to use a trademark when combined with the products or services it symbolizes is granted upon registration. But obtaining a trademark is only the first step. It’s crucial to periodically renew your trademark if you want to keep these rights and safeguard your brand registration over time. We will also go over how businesses may make sure their trademarks are still enforceable and legitimate, as well as whether brand registrations and registered trademarks are essential elements of brand registration strategy. Every ten years, trademarks must be renewed, including those that have been filed.
The Significance of Trademark Renewal
Comprehending the Duration of Trademarks
A trademark that is registered is good for a set amount of time in most jurisdictions, typically ten years after the date of registering. The trademark needs to be renewed in order to stay valid beyond this time. If a trademark is not renewed, it may lose its legal protection making it open to infringement and abuse by rival businesses.
The Importance of Trademark Renewal
It’s important to renew your trademark for a number of reasons:
- Sustained Legal Protection: By renewing your trademark, you can make sure that nobody other uses a mark that is confusing to customers.
- Preserving Brand Equity: Your register a brand’s reputation and goodwill are embodied in your trademark. By providing ongoing protection, renewal contributes to the preservation for your register a brand’s value.
- Preventing Re-Registration: A trademark may be revoked or taken out of the register if it is not renewed. Re-registering the trademark would be necessary to restore protection, and this can be an expensive and time-consuming procedure.
- Preventing Encroachment by Competitors: Should your trademark expire due to non-renewal, competitors can try to register an identical one. This is avoided by renewing your trademark, which keeps it alive and legally protected.
The Trademark Renewal Legal Framework
The legal framework of the jurisdiction where a trademark is registered governs trademark renewal. The 1999 Trade Marks Act in India describes the steps and prerequisites for trademark renewal. According to the Act, if an application for renewal is submitted within the allotted period and the required fees are paid, a trademark may be renewed indefinitely.
The Procedure for Trademark Renewal
When is a Trademark Renewed?
A trademark in India needs to be renewed every ten years. You can start the renewal process up to a full year in advance of the expiration date. To prevent security failures, it is best to begin the renewal procedure well in advance.
How to File for Trademark Renewal
Several crucial phases are included in the trademark renewal process:
Step 1: Find the Deadline for Renewal
Finding out when your trademark expires is the first step. Usually, ten years have passed since the last renewal or registration date. The trademark certification or the trademark registration are two places to look for the expiration date.
Step 2: Get the Application for Renewal Ready
Form TM-R, the Indian name for the renewal application, needs to be filled out and sent to the trademark Registry.
- The registration number for a trademark.
- The owner of the trademark’s name and address.
- A declaration that the trademarks is being used or will be used in relation to the services or goods for which it has been registered.
- Payment of the renewal charge as specified.
Step 3: Send your Application for Renewal
The application for renewal may be submitted in person at the relevant registrar office or online via the Trade Marks registrar website & decoding the trademark symbol is essential during this process, as it helps ensure that the application is submitted within the renewal window, which is typically available up to six months after the expiration date with a late fee payment and twelve months prior to the expiration date.
Step 4: Verifying the Renewal
Following submission of the renewal application and receipt of the necessary funds, the Trademark Registry will examine the submission. The registered trademark may be renewed and a renewal certification will be provided if anything is in order. The reaffirmed trademark is good for an additional ten years.
Late Restoration and Renewal
There is a six-month grace period after the trademark expiration date during that the trademark owner may still renew the trademark by paying an extra late fee if they fail to do so within the allotted time. The trademark may be struck from the register if it is not renewed during this grace period.
Even after being removed, the trademark can still be regained by submitting a restoration application (Form TM-13) within a year after its expiration date. Additional fees must be paid for restoration, which is at the Registrar’s discretion.
Monitoring Renewing Brands
The Significance of Trademark Monitoring
A crucial component of trademark administration is monitoring reaffirmed trademarks. It contributes to the continuation of your trademark’s use and legal Brand protection & furthermore, tracking enables you to keep an eye on the condition of your trademark, spot possible infringements, and take required corrective action.
Resources for Trademark Monitoring
There are numerous resources and technologies available to assist companies in monitoring their renewed trademarks.
- Trademark Monitoring: These services keep an eye on any modifications to your trademark, such as oppositions, renewals, and any conflicts, by monitoring the trademark register. They give you information and alerts so you can act quickly.
- Online Trademark Databases: You can search for and keep track of trademarks in a number of jurisdictions, including India. A searchable database on trademark status, including renewals, can be found on the website of the Indian trademark Registry.
- Trademark Management Software: This type of software provides all-inclusive options for monitoring and controlling trademarks. Features including document management, status tracking, and renewal reminders are offered by these tools.
- Legal Advisors: Enlisting the services of a trademark attorney or legal advisor can help guarantee that the trademark you own is properly managed and tracked. Legal counsel can manage any arising legal concerns, keep an eye on the status regarding your trademark, and offer professional help on the renewal procedure.
How to Monitor Renewing Trademarks
Several crucial procedures are involved in tracking renewed trademarks:
- Establish Reminders for Renewals: Set up a reminder for when your trademark has to be renewed. You can accomplish this by signing up for a trademark monitoring service, using calendar alerts, or employing trademark management software.
- Check the Trademark Register Frequently: Check the trademark registration frequently to see how your trademark is doing. By doing this, you can make sure that your trademark is successfully renewed and stays in use.
- Maintain Document Renewal Records: Keep copies of every document related to the renewal, such as the application, certificate, and receipts for payments. In the event of a disagreement, these documents can be helpful as evidence of renewal.
- Keep an eye out for violations: After renewal, it’s important to monitor for any potential market infractions, including protecting unregistered trademarks & this involves looking for similar trademarks that other companies might have registered. By acting swiftly to stop infringements, you can avoid reputational damage and protect the legal rights associated with your brand registration.
Benefits of Renewing a Trademark
- Ongoing Legal Defense: The ongoing legal protection that trademark renewal offers is one of its main benefits. You can continue to use your trademark exclusively in relation to the products or services with which it has been registered by renewing it. With this protection, you can stop other parties from using a mark that is confusing to customers.
- Preserving the Value of Brands: A trademark is a symbol of your brand’s registration goodwill and reputation. By preserving the legal protection of your trademark, renewal contributes to the maintenance of your register a brand’s value. For companies who have spent a lot of money in developing to get register a brand identity, this is quite crucial.
- Preventing the Infiltration of Rivals: By renewing your trademark, you stop rivals from registering a mark that is identical. Competitors may try to register a mark that is similar to yours if your trademark expires due to non-renewal, which could dilute your brand and confuse consumers. By renewing, you can be confident that your trademark is still in use and has legal protection.
- Brand management made simpler: By keeping your brand registration identification consistent, renewing your trademark makes brand maintenance easier. The establishment and preservation of customer confidence depend heavily on this constancy. It also makes sure that the legal defenses for your brand are current, which lowers the possibility of legal conflicts.
- Re-registration expenses are avoided: In general, renewing is less expensive than re-registering. Re-registering a trademark necessitates beginning the registration procedure from scratching which can be costly and time-consuming if the trademark expires due to non-renewal. Renewal keeps the trademark active, which helps prevent these expenses.
Drawbacks of Renewing a Trademark
- Continuous Expenses: The continuous expenses involved in trademark registration are among its primary drawbacks. Every ten years, renewal payments have to be paid, and there can be extra expenses for tracking, monitoring, and legal support. These expenses might mount up over time for companies that have several trademarks.
- Burden of Administration: Renewing a trademark necessitates paying close attention to paperwork and deadlines. Losing trademark rights may occur from missing a renewal deadline. For small firms with limited resources, the administrative complexity of handling several trademarks and renewals may prove particularly difficult.
- Possibility of Arguments: Trademarks are susceptible to legal problems, including oppositions and challenges to the mark’s validity, even after they have been renewed. Resolving these conflicts can be expensive and time-consuming. Although renewal contributes to the preservation of legal protection, conflict risk is still present.
- Restricted Protection Area: The protection of a trademark is limited to the products or services mentioned in the first registration. It could be necessary to register new trademarks if a company starts selling services outside the purview of its already registered brand. This may raise expenses and complicate the trademark administration procedure.
- Trademark Dilution Risk: A trademark may be susceptible to dilution if it is renewed yet not regularly used. Third parties or competitors can contend that a trademark has lost its distinctiveness as register a brand or has become generic. Businesses need to make sure that their registered trademarks are still being used actively and effectively to avoid dilution.