A Guide to Trademark Renewal

The registration of a trademark guarantees the protection of the owner's rights from all potential damages. Therefore, it is recommended to renew and restore the trademark whenever required. A trademark is legitimate only for a fixed period of 10 years. The owner, if interested, can renew the same regularly for succeeding periods.

What is a trademark?

A trademark is a word, name, device, symbol, or short phrase used in the trade of goods to establish. Trademark rights are generally used to prevent others from using a similar mark. But this does not preclude them from producing or selling the same goods under a different mark. 

What is trademark renewal? 

The validity period for the trademark is ten years. After the expiration of the period, the trademark owner must request further to continue securing the advantages of the registered trademark. The prescribed procedure renews the trademark. 

What is the validity of the renewed trademark?

The trademark renewal extends the validity of rights and protection over the trademark for ten years. To extend its validity even further, the company must renew it at least six months before its new expiration date.

What is the procedure for the renewal and restoration of the trademark filing?

The renewal procedure for a trademark follows the prescribed procedure: 

Step One: Filing the application

The owner himself or the authorised agent should file the application form TM-R for the renewal. The form should be accompanied by the relevant documents and the prescribed fees. 

The trademark authority provides a buffer period of 6months for filing for the renewal. If the owner applies for the trademark renewal within the buffer period, an additional fee for the buffer period is levied along with the renewal fee. 

Generally, the renewal procedure for the trademark must be initiated six months before the expiry date. However, between three to one months before the expiry date, the trademark registrar must compulsorily send RG – 3 notice to notify the owner about the upcoming expiry date. The notice holds an essential position and, without sending this, the registrar cannot strike off an expired trademark. 

Step Two: Trademark Status check

Once you apply for the renewal of the trademark, the owner should keep on checking the status of the application from time to time. Several time-bound operations are to be performed by the applicant. It is important to check the application status until the examination of the trademark is accomplished. 

Step Three: Advertisement of Trademark

Once the examination of the application is completed and approved application, it will be published in the Trademark Journal. This is an opportunity for a third party to file any objections underlying the trademark. After the prescribed period is over, no objection is accepted. Once registered, it indicates that the trademark is valid for another 10 years. 

Why is it important to renew the trademark?

Trademarks are one of the booming areas in Intellectual Property Rights. A symbol or a word belonging to a business is an identity that can use to undertake any project and has value as an asset. 

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