Trademark Renewal

Importance of Trademark Renewal

• Continuous Legal Protection: Renewal maintains exclusive rights, preventing unauthorized use.
• Brand Recognition: Keeps the trademark intact, reinforcing brand identity and consumer trust.
• Economic Advantage: Protects the economic value of the brand, allowing for sustained revenue and market presence.
• Protection from Third-Party Claims: Prevents others from claiming the trademark, reducing the risk of legal issues and infringement.

When and How to Renew a Trademark

• Renewal Period: A trademark must be renewed every 10 years from the date of registration. The renewal can be filed as early as six months before expiration and up to six months post-expiration with an additional surcharge.
• Late Renewal: If not renewed within six months post-expiration, the trademark may be removed from the register, but restoration is possible within one year of expiration.

Process for Trademark Renewal

• Filing the Renewal Application: Complete and file Form TM-R with the Indian Trademark Registry.
  The application must include details of the trademark, class, and applicant details, along with the renewal fee.
• Payment of Renewal Fee: Pay the renewal fee to maintain the trademark’s validity for the next 10 years.
• Issuance of Trademark Renewal Certificate: After successful review and processing, the Trademark Registrar issues a renewal certificate, confirming the extended protection.
• Publishing in the Trademark Journal: The renewed trademark is published in the Trademark Journal, confirming its continuation and notifying the public.

Legal Requirements under the Trademarks Act, 1999

• Section 25 of the Trademarks Act, 1999: Governs trademark renewal in India.
• Removal for Non-Renewal: If a trademark is not renewed within the specified period, it may be removed from the register under Section 25(3).
• Restoration: Restoration is allowed under Section 25(4), permitting the trademark to be restored within one year of the expiry date, subject to an additional fee.

Eligibility Criteria for Trademark Renewal

• Trademark Owner or Authorized Agent: Only the registered owner or a legally authorized agent can apply for renewal.
• Registered Trademarks Only: The trademark must be registered with the Trademark Registry in India.

Documents Required for Trademark Renewal

• Copy of the Original Registration Certificate: A copy of the trademark's original registration certificate.
• Power of Attorney: If filed by an authorized agent or attorney, a power of attorney document must be submitted.
• Trademark Renewal Application Form (Form TM-R): The official form required for filing the renewal application.
• Proof of Identity of the applicant or authorized person: Valid proof of identity of the applicant or the authorized person submitting the renewal.
• Trademark Details: Include the registration number, trademark class, and any other relevant trademark details.

Benefits of Trademark Renewal

• Extended Exclusive Rights: Retains sole rights to the trademark, preventing others from using similar marks.
• Increased Brand Value: A well-maintained trademark enhances brand reputation and consumer trust.
• Legal Shield: Protects against infringement, imitation, and misuse.
• Transferability: A renewed trademark can be licensed or sold, creating additional revenue.

Example Calculation of Costs

Suppose the renewal fee is ₹5,000 and the applicant delays renewal by three months post-expiration, incurring a surcharge of 50%. The total cost would be:

• Renewal Fee: ₹5,000
• Surcharge: ₹2,500
• Total: ₹7,500

Difference between Trademark Renewal and Trademark Registration