What exactly is a mark?
A trademark is a mark that is used to distinguish one person’s products from those of others, such as a logo, symbol, word, design, label sound, etc. A trademark registration is required to safeguard the brand name from infringement or misuse by others. A trademark becomes a business asset once it is registered because it allows the company to create its own distinctive identity for its customers. The holder of a trademark is granted legal rights upon registration.
When should a trademark be renewed, and what is trademark renewal?
According to Section 25 of the Trademarks Act, of 1999, trademarks in India are registered for a period of ten years and must be renewed after that. The rights that are only available to registered marks are maintained when a trademark is renewed. Within six months of the expiration of the registration, the owner of the trademark must submit a renewal application. The Registrar has the right to remove a trademark from the register if the owner fails to obtain a renewal before the mark expires.
In India, how does one renew a trademark online?
- To renew a trademark online in India, you must follow the steps listed below:
- To apply for a trademark renewal, the owner of a registered trademark must submit a Form TM- R.
- Either the registered holder or an authorized agent may submit an application to renew the trademark.
- An affidavit in support of the statement and a Form TM- 18 must be submitted.
- The owner of the trademark is required to pay Rs.9000 for the cost of renewing a trademark online.
- Any errors in subsequent applications will be checked for.
- After receiving approval for the renewal application, the trademark registrar will issue a certificate of renewal in the name of the trademark owner.
- The Trademark Journals will properly reflect this renewal.
- Documents Required for Trademark Renewal in India The following documents must be submitted with the trademark renewal application:
- Address evidence of who owns the registered trademark.
- PAN ID card
- Certificate of trademark registration issued by the trademark registry.
- If a layer files the application on behalf of a registered trademark holder, a power of attorney is required.
Consequences of Not Renewing the Trademark
In the event that a trademark is not renewed, severe consequences will result. The registrar may remove the mark from the register if the trademark holder fails to submit a renewal application or pay the renewal fee. Should first publish a notice in the trademark journal announcing his intention to remove the mark before doing so. The holder of the trademark as well as those to whom it has been assigned or licensed will be affected if the trademark is not renewed. However, even after the expiration of the renewal period, the trademarks act still provides another opportunity to renew the trademark. The proprietor can apply to have the trademark restored.
In conclusion, in order to keep their mark protected from infringement or unauthorized use by others, trademark holders in India must renew their trademarks online. The renewal of a trademark ensures that the brand’s reputation and goodwill remain in the market while the owner continues to benefit from the trademark.