What is Trademark Renewal?
The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. Trademark renewal preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration. For example, a registered trademark has the benefit of the legal presumption of ownership. That means that the burden of proof is on others to try and disprove your ownership.
If no application for renewal of a trademark is filed together with the prescribed fee, the Registrar shall send a notice at the prescribed address of service informing the proprietor of the trademark of the renewal deadline. Such notice shall be sent not more than 6 months prior to the expiry of the registration. It is pertinent to note that the trademark can be removed from the Register only after such a notice has been served on the proprietor by the Registrar.
What Is the Procedure of Trademark Renewal?
The Trademark Renewal can be done in two ways-
1. You can apply renewal to change any sign or words in the already existing trademark or
2. You can apply otherwise without a change in trademark
The procedure is as follows-
- An application of renewal is made in form TM-R
- The application can be filed by either registered owner of the trademark or an agent authorized by him
- It is advisable if you take the help of any professional to file for renewal of a trademark so that your trademark is well protected.
- Filing a renewal application for trademark gives your trademark wings for another 10 years without any disturbance and again you must renew your trademark again before expiry.
- After filing the trademark renewal application, it is very important to check the status of your application periodically until it is processed by the registrar.
- The Trademark Journal is an official gazette of the Trademark registry which governs the application status whether it is accepted or not if accepted then advertised in the Trademark Journal.
Therefore, when you go for renewal keep in mind that this process should begin 3 to 6 months before the expiry of the trademark. Ready you’re Form-18 with the requisite fees that need to be paid for the renewal. Once you file the application, the application is reviewed for quality before it finally gets the permission for renewal.