The trademark registration ensures intellectual property protection by safeguarding a word or a visual symbol used by any business to help distinguish its goods or services. TradeMark renewal is mandatory every ten years, and hence, the industry will see an even more significant jump in the total trademarks registered over the next few years. The renewal application must reach the Trademark office at least six months before the expiry of the mark. Companies must prepare and file the application form before the deadline. Not only will this enable them to enjoy the continuous protection of their trademark, but it also avoids chances of litigation. The timely renewal allows businesses to extend their protection by another decade. Companies have to prepare and file Form Trademark-12 and pay the prescribed fee to apply for renewal. If a person or company fails to renew their TM, the mark becomes liable for the removal, and the holders will have to restore their TM for extended protection.

Trademark renewal process in India 

Companies have six months to file trademark renewal requests before their current registration or renewal expires. The Registrar will issue a message to the TM owner before the registration expires as a reminder. The message will include information about the expiration date and the terms and conditions for paying the needed fees.

The Registrar has the authority to delete a trademark from the trademark register if the registration is not obtained in accordance with the stipulated conditions. If you miss the deadline for filing the request, you can file a renewal application with a late charge six months after the mark expires.

The trademark renewal process occurs in two primary ways in India, which are as follows:

• Renewal to change any sign or words in the already existing trademark.

• Renewal without a change.

Things You Should Know About Trademark Renewal

• The application for trademark renewal requires individuals and businesses to duly fill and file Form TM-12.
• Registered trademark holders or an agent authorised by such a holder to act on their behalf can file the renewal request.
• Individuals must take the help of professionals to file for renewal of a TM application to ensure the process occurs smoothly without any hiccups or delays. Even tiny errors made during the procedure can lead to significant lapses in protection and cause other hassles. Hence, it is advisable to take the help of legal experts to ensure your mark remains secure and well-protected. 

• Filing a trademark renewal application extends its life by another 10 years, and companies must apply for renewal before this period ends for continued protection.
• After filing a TM renewal application, users must check the status of the request until the Registrar finishes its processing. The procedure sometimes requires numerous time-bound actions and responses from the applicant. Therefore, businesses must continue to check the status of their application and take the required actions, as and when necessary.

Need For The Renewal Of Trademark In India

The renewal of a trademark has several advantages. When a trademark is registered, it grants the owner of the trademark a number of legal rights. It prohibits trademark infringement and provides for reimbursement in the event of such a violation. Online Legal India is one of the best trademark service providers and have catered a lot of clients till now. 

Documents Required For Trademark Renewal

• A copy of the trademark registration certificate.

• Power of attorney to represent the applicant.

• Photo Id and address proof of the applicant.

• Copy of application form of Trademark Registration.

Time Required For Renewing Trademark

• The renewal can be filed within one year prior to the date of the expiry as per rules 57 and 58 in Trademark rules 2017

• The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trademark rules 2002.

• The renewal can also be filed within six months after the date of expiry.

Restoration Of Trademark

There can be times that a person forgets to renew their trademark in the given time period. No worries there is still an option available in such cases. In the case of failure to renew one can then try to restore a trademark. Restoration of a trademark is allowed by the Trademark Act, 1999 under Section25 (4) which it allows persons to apply for the restoration of the trademark.

• Restoration can only be done within one year of the expiry of the registered trademark. 
• Restoration of a trademark includes an additional fee over the renewal fee.

Conclusion

Registration of the trademark in India is valid for ten years and must be renewed after that. Trademark renewal in India is subject to the basic condition that a request for renewal must be made within 6 months of the expiry date. This is standard practice, the owner of the trademark is advised by the registrar’s Office that the registration of the trademark shall be updated within 6 months from the end of date to prevent the owner from having to face the needless hassles associated with late filing of the renewal application of the trademark. Online Legal India and their experts guide you with the whole process and make it smooth and easy.