What All Documents Are Required For Trademark Renewal?

Any machinery which is left idle for a while starts having issues. Constant use and maintenance are required to keep any machine on top form. The way works for legal compliance as well. While every business or company owner will know about trademarks, not everyone might remember to maintain them. Every trademark has a validity period, after which it stops giving you the benefits it is supposed to. Therefore, business owners need to renew their trademarks from time to time to keep themselves protected. In case you are about to expire your trademark registration and don’t know what to do, then you are in the right place. Here’s a look at all the documents you need to renew your trademark, and why doing so is important.

What is a Trademark?

A Trademark is a symbol used for intellectual property protection. If you register your trademark under the Indian government, then this prevents other businesses from using the same symbol or logo as you. Therefore, this helps you keep your company and its brand identity unique and special. It is also used as an umbrella term for the company name, image, logo and brand identity associated with a company. Hence, this word, visual symbol or image constitutes the brand image of the company and helps clients distinguish it from other products and services. To get a trademark registered, owners must apply with the Registrar of Trademarks.

What is Trademark Renewal?

Any trademark registration is valid for ten years. After this period, it must be renewed for it to remain legally valid. In case a trademark is not renewed, it loses its legal prominence, and hence, does not provide the rights and benefits it did before. Failure to renew the trademark makes your company susceptible to brand theft. However, in case your trademark has expired, don’t worry too much. The registrar of trademarks is quite lenient when it comes to renewal and restoration. Also, before removing your trademark, they will send you a notice regarding the same, helping you to renew your trademark.

Things to Know about Trademark Renewal

1. The registrar will send a notice regarding the impending expiry, 6 months before the trademark expires.

2. In case you do not reply to this notice, the registrar’s office will send another statement warning you that your trademark will expire soon. Once it expires, it also warns you that the trademark will be removed from the trademark Journal.

3. Owners have the option to renew their trademark, up to 6 months after the expiry of their trademark registration.

4. In case the registrar does not send these notices, then your trademark cannot be removed from the Journal.

What is the Procedure of Trademark Renewal?

• Trademark Renewal may be done either by making a change to the trademark or without any changes to the existing trademark registration.
• The application of trademark renewal happens via form TM-R
• The application for the same may be filed either by the trademark’s owner or by an agent who he or she has authorized to handle the trademark renewal.
• The renewal application will make your trademark legal for another 10 years
• Also, once the application has been filed, the applicant can keep checking their application’s status online
• Once it is approved, you should be able to find your trademark on the Trademark Journal
• Make sure you start this process at least 3 months before the expiry of your trademark to ensure that the entire process goes on smoothly
• Renewal will require Form-18 and the requisite fees
• In case you have passed the expiry date, you can renew the trademark within 1 year of expiry as per Section 25(4) of the Trademark Act, 1999
• Even while doing so, the registrar will have to make sure that no other company or business has started using a similar trademark. Only if there is no objection can the trademark be renewed.

Documents Required for Trademark Renewal

1. Copy of the Registration Certificate

2. Power of Attorney

3. An ID Proof

4. An Address Proof

5. Copy of TM-A 3

6.TM Certificate of Registry

Benefits of Trademark Renewal

• Prevent infringement of your trademark
• Keep all the rights you had when you had a valid trademark
• Help keep your trademark perpetual and permanent
• Protects from litigation
• Gives you an extension of ownership-related rights
• Provides unhindered protection of your brand name
• Gives monetary benefits and compensation