The Basics of Trademark Renewal in India

 

Trademark renewal

The trademark of a company is a unique mark which is used to distinguish the products or services of a company from other similar products in the market. The companies need to do trademark registration to obtain legal authority over the trademark and to protect the mark from infringement. The registration of the trademark under the Ministry of Corporate Affairs id is for the period of 10 years. After this period, the mark needs renewal every ten years for keeping it with the company. Failing in online trademark renewal may lead to losing all the rights over the mark and the protection that comes with it.

Procedure for Trademark Renewal

·         The owner of the company has to follow certain steps for the renewal of the trademark registration:
The company has to fill the form TM-12 and attach the documents for finally filing the form for renewal by the registrar of companies.

·         The application must be filed 6 months before the expiration.

·         If no application is filed, the registrar shall send a notice to the owner, between 1 to 3 months prior to expiry date, for renewal.

·         Along with the form, the company has to also pay a small renewal fee as prescribed.

·         Once the application form is verified and approved, the company trademark is restored for another 10 years.

 

Documents required for trademark renewal application

There is requirement of a proof of the applicant, which can be in the form of Pan Card and address proof.

·         Provide a Certificate of registration (apart from Individual applicant)

·         Provide a copy of the Trademark registration certificate issued by Registrar of companies.

·         A copy of the Power of Attorney as it allows the attorney to apply for the trademark renewal application on behalf of the company, to the trademark registry.

·         A copy of TM-A, the application filed with the TM Registrar for which the trademark registration is provided.

 

Consequences of failure to renewal of trademark

There are very strong repercussions of failing to renew the trademark for the company. If no application is filed within the given time period or the trademark renewal fee is not paid by the company, then the registrar has the authority to remove the mark from the company name in the register. 

The first step towards it includes advertising the notice for removal of the trademark in the online trademark journal.

The failure to do trademark renewal affects the company owners as well as all the people who are assigned or given license for the trademark. It also revokes your right over the mark in case of not renewing. Hence, the mark can be taken up by anyone as there is no legal guard on the mark.

The Trademark Act offers a chance to the company owner for the trademark renewal by giving an extension of 6 months from the date from the date of expiration, for filing the trademark renewal application. But the owner has to pay a surcharge amount along with the fee.

Benefits of Trademark Renewal in India

Getting the trademark renewal under the MCA offers numerous benefits and retains the trademark in the company. Some of the highlights are:

·         The renewal of the trademark allows the company to provide it complete protection from the infringement and illegal use by any third party. No one can claim any right over the mark as it is the sole property of the company.

·         With the trademark renewal you are able to get an extended ownership over the trademark. With the renewal every 10 years, the trademark remains permanently with the company, thus the trademark has an extended protection and advantages of the trademark.

·         This also provides protection to the brand name as well as retains the credibility of the company over the years.

·         The trademark owner possesses the exclusive right over them to assign or license it to someone else in exchange of some monetary returns. Thus you may earn profits from the registered trademark.