A trademark is not just a symbol or a name; it is the identity of your brand, representing its reputation, trust, and value. While registering a trademark secures your intellectual property, maintaining its validity is equally important. Trademark renewal ensures that your brand remains legally protected and continues to enjoy exclusive rights.
This blog provides a detailed overview of trademark renewal in India, including when and how often it is required, the renewal process, and why timely renewal is crucial for businesses.
Understanding Trademark Renewal in India
In India, trademarks are registered under the Trademarks Act, 1999. A registered trademark is valid for a period of 10 years from the date of registration. To keep the trademark protection intact, the owner must renew it every 10 years.
Renewal is not just a formality; it is a critical process that ensures the legal rights associated with your trademark are preserved, allowing you to safeguard your brand identity and prevent unauthorized use.
Why Is Trademark Renewal Important?
Continued Protection
Renewal ensures that your trademark remains legally protected, granting you exclusive rights to use it.
Prevents Lapse of Rights
If you fail to renew your trademark, it can be removed from the trademark registry, making it vulnerable to unauthorized use or claims by competitors.
Business Credibility
A renewed and active trademark reflects your commitment to maintaining your brand’s identity, fostering trust among customers and partners.
Market Value
Trademarks are valuable intangible assets. Regular renewal increases their market value and adds to the overall worth of your business.
When to Renew Your Trademark?
The renewal process can be initiated six months before the expiration date of your registered trademark. The Indian Trademarks Act also provides a grace period of six months post-expiry to complete the renewal process, subject to payment of additional fees. However, it is advisable to renew your trademark before its expiry to avoid unnecessary complications or risks.
How to Renew Your Trademark?
Trademark renewal in India involves the following steps:
Application for Renewal
Filing of the Renewal Apllication, this can be done with Trademarkia’ss Assistance - we will handle all your Filing processes.
Payment of Fees
The government fee for renewal is INR 9,000 if filed online and INR 10,000 if filed offline. For trademarks registered in multiple classes, renewal fees are applicable for each class.
Review and Examination
The trademark office reviews the renewal application to ensure compliance with the necessary requirements. Once approved, the trademark is renewed for another 10 years.
Issuance of Renewal Certificate
Upon successful renewal, a renewal certificate is issued, confirming the extension of your trademark’s validity.
Consequences of Not Renewing Your Trademark
Failure to renew a trademark within the stipulated time can lead to:
Loss of Legal Protection
The trademark will be removed from the registry, making it open for registration by others.
Brand Vulnerability
Without renewal, your brand identity may be at risk of misuse, duplication, or infringement.
Costly Reinstatement Process
To restore a lapsed trademark, the owner must file a restoration application within one year of its removal, which involves additional fees and legal formalities.
Tips to Avoid Missing Trademark Renewal Deadlines
Set Reminders
Keep track of your trademark’s renewal dates and set reminders well in advance.
Hire a Professional
Enlisting the help of a legal expert or a trusted service provider like Trademarkia ensures timely renewal and compliance with legal requirements.
Monitor Multiple Trademarks
If your business owns multiple trademarks, maintain a centralized record of their renewal timelines.
Early Action
Initiate the renewal process at least six months before the expiration date to avoid last-minute challenges.
Common Myths About Trademark Renewal
“Renewal is a Lengthy Process.”
Not true. With proper documentation and adherence to guidelines, the renewal process is straightforward and can be completed efficiently.
“Trademarks Don’t Need Renewal Once Registered.”
Trademark registration is not perpetual. Renewal every 10 years is mandatory to retain its validity.
“Only Big Brands Need to Renew Their Trademarks.”
Trademarks are essential for businesses of all sizes. Renewal ensures legal protection regardless of the brand’s size or market presence.
Why Choose Professional Assistance for Trademark Renewal?
Navigating the trademark renewal process may seem daunting, especially for first-time applicants or businesses managing multiple trademarks. Trademarkia offers end-to-end support for trademark renewal, ensuring compliance with all legal requirements and avoiding lapses in protection.
Conclusion
Trademark renewal is not just a legal obligation but a strategic move to protect and enhance your brand’s value. By renewing your trademark every 10 years, you can maintain exclusive rights, prevent unauthorized use, and strengthen your market position. Timely renewal reflects a proactive approach toward safeguarding your intellectual property.
Ensure uninterrupted protection for your brand by renewing your trademark on time. If you need professional assistance to simplify the renewal process, connect with Trademarkia to protect your intellectual property with ease. Act now and secure your brand’s future!
