Introduction
Trademark Renewal is an important aspect of the growth of any business as they protect the goodwill and brand image from possible damages. And so, protecting it is very crucial for businesses including start – ups. Trademarks are graphical images or signs which are capable of distinguishing goods and services of one enterprise from another.
Trademarks in general are words, images, symbols, alphanumeric combinations, numbers, sounds,s etc. but there are other unconventional marks also that can be protected under trademark like smell, taste, colour, etc. Registration of trademarks is important for new business and it is done as per the Trademarks Act, of 1999.
As per the Act, a trademark renewal applicant gets protection for a span of ten years which can be renewed in perpetuity every ten years at the discretion of the trademark owner.
A registered trademark if not used for a period of five (5) years after registration could be cancelled at the request of another party and hence maintenance and trademark renewal is considered a core part of trademark management. Trademark owners can file the application for trademark renewal, six months before the expiration period.
However, if the applicant fails to apply for trademark renewal during this time, it can do so, six months from the date of expiration to file application. Failing this, the registrar will publish an advertisement in the Trademark Journal about its intention to withdraw the trademark renewal.
After the trademark renewal period is over and the applicant desires to renew the trademark, he can do so by the method of restoration, which means renewal with a fine. This generally occurs within six months and within one year. The entire process has been mentioned under Rules 57 – 61 of the Trademark Rules 2017.
Importance and Benefits of Trademark Renewal
Trademark Renewal provides certain benefits to the trademark owner and is considered as the base of its business. There are a few significant benefits of the registration of a trademark and continuous trademark renewal, like:
Renewal of registered trademarks provides undisputed and continuous legal protection to the brand from potential damages.
It gives you prolonged and till perpetuity exclusive right to use the trademark without any fear of being sued for infringement by other parties.
iii. It stops people from copying or infringing your intellectual property rights and if done, gives you the right to take legal action or file an infringement suit against them and claim damages or remedies.
It gives you the right to assign or license your property to a third party in lieu of monetary benefits like royalty.
Eligibility Criteria for Trademark Renewal
Trademarks renewal in two ways:
- When there are no modifications to the existing mark
2. When the applicant wants to get any modification to the existing registered mark like a change in words, sign, logo, or image.
3. The application for trademark renewal/restoration is done through form – TM – R.
4. The application can be filed by any authorized representative or agent of the owner.
Checklist for Trademark Renewal
✓ Ownership of the registered trademark that is to be renewed;
✓ Intention of commercial usage to be considered;
✓ Assurance that no similar mark is there through proper trademark database
research;
✓ Adhere to the trademark renewal procedure as per the Trademark Rules, 2017
Conclusion
Registered mark gives a brand owner exclusive rights to establish their brand and grow their business in the market since it protects you from all kinds of potential damages. Hence, it is advisable to renew the mark every ten years, which can subsequently be renewed for an indefinite period. The Registry provides one with ample support to register and renew their mark even when failed to do so within the required time frame and therefore, the owner should consider renewing their mark whenever it is required.
At Plead Masters, we put great effort in protecting your intellectual property and promoting innovation. Our specialisation in Intellectual Property Registrations. By being proactive, we are able to predict problems as well as take advantages thus making sure that your success is guaranteed regardless of changes that may occur in any legal system.
