Trademarks are becoming increasingly important in today's world since they protect one's business from potential harm. They are the soul of a firm and should be safeguarded at all costs. According to the definition of a trademark, it is a symbol that allows one enterprise's goods and services to be distinguishable from those of another. In addition to traditional trademarks such as symbols, words, letters, numerals, and drawings, it also covers non-traditional trademarks such as smell, taste, and colour.

Given the extensive protection and usage rights provided solely to the applicant through trademark registration, the firm's renewal is significant. A registered trademark has a ten-year restriction term, after which it can be renewed forever every ten years. Prior to the expiration of ten years, the registrar gives a six-month window in which to submit for renewal of an expired trademark. If the user fails to comply, the trademark will be revoked when a notice is published in the relevant publication.

Trademark Basics

If you are unfamiliar with the procedure or the legislation, maintaining a trademark in India might be difficult. However, there are several simple procedures you can take to assure the validity and protection of your trademark.

• To begin, it is critical to comprehend what a trademark is & how it differs from other forms of intellectual property. A trademark is a symbol, design, or statement that differentiates one company's products or services from those of another. It might be a word, a phrase, a logo, or even a sound. Registering a trademark with the government prevents others from using an identical mark for their own services or products.
• Second, you must regularly and correctly use your trademark. This includes incorporating it into all of your goods and marketing materials and ensuring that it is utilised consistently. You may compromise the validity of your trademark if you modify how you utilise it.
• Finally, you must keep an eye on how others are using your trademark. Even if you are not actively utilising your trademark, others may be infringing on your rights. You may accomplish this by carrying out regular internet and public record searches.

Exclusive Rights of Trademark Registration Owners

You have the exclusive right to use a trademark in connection to the products or services for which he/she is registered as the owner. This implies that you have the legal right to restrict anyone from using your trademark without your consent.

To keep your trademark registration in India active, you must utilise it in connection with the products or services for which he/she registered. If your trademark is not used for 5 years, it may be withdrawn from the registry.

You may also lose the trademark registration if you permit others to use it without doing anything to prevent them from doing so. As a result, it is important to track the use of the trademark and take appropriate action against anybody who does so without your authorization.

Web Addresses & Domain Names of Trademarks

Your trademark is the online identity. It is how people online recognise you & your products or services. As a result, it is critical to select a domain name & web address that accurately reflects your brand.

When choosing a domain name or web address for the brand, bear the following points in mind:

• The domain name or URL should be simple to remember and spell.
• The domain name or web address should be brief and direct.
• The domain name or web address should be related to your trademark and your business.
• The domain name or web address should not be mistaken for another firm or brand's domain name or web address.

Once you've decided on a domain name or web address for the trademark, you'll need to register it with India's Trademark Office. To keep your trademark alive in India, you will have to renew your trademark registration every 10 years.

Trademark Registration Renewal & Its Importance

To keep your trademark registration alive & breathing in India, you need to renew it before its expiry date. A legitimate trademark is typically valid for ten years. If the owner of a trademark desires to continue receiving the advantages of the registered trademark, they must renew their registration in accordance with the approved method. The trademark can be renewed forever, which means that the owner has the ability to renew their own trademarks after every ten years. There are two options for renewing a trademark registration:

• You can file for renewal if you want to update any symbol or phrase in an existing trademark; or
• You can renew your licence without making any changes.

The basic objective of trademarks is to give specific benefits to the owner through trademark renewal. Among the benefits are:

• As with every registered trademark, renewing a trademark increases the time limit for the protection of trademark rights. The owner has the right to defend herself/himself against spurious lawsuits filed by competing parties.
• The renewal of trademarks assures the continued and undisturbed protection of a range of enterprises' brand names against potential harm. As a result, the renewal method protects the company's brand value.
• The owner becomes eligible to launch any possible trademark infringement proceedings and seek the relevant remedies by renewing trademarks.
• Furthermore, the registered trademark gives the owner the option to benefit. In exchange for monetary compensation, the owner has the right to grant the trademark licence to someone else.

Suggestions on How You Can Maintain The Trademark

As a business owner, you must take the required precautions to safeguard your company's intellectual property, including trademarks. There are various ways to retain your trademark & keep it in good standing in India.

First, make sure your mark is being used consistently and as a trademark. This includes utilising it to indicate the source of your goods or services rather than as a general phrase. In addition, you should include the appropriate symbols next to the mark to demonstrate that it is registered.

Second, keep an eye out for unlawful third-party usage of your trademark and take appropriate action. This involves writing stop-and-desist letters and, if required, taking legal action.

Third, renew your registration every 10 years to keep it current. This will assist to keep your mark strong and prevent others from claiming rights to it.

Requirements for Trademark Registration Renewal

The following things are required for trademark registration renewal. These things are as follows:

Forms

The following documents are necessary for trademark renewal:

• A copy of the trademark registration certificate for the trademark.
• The applicant's photo ID and proof of address
• A power of attorney have required if the applicant is an authorised agent or representative.
• A copy of the trademark registration application form (Form TM-A that was utilised for filing the original application for registering a trademark.)

Process of Trademark Registration Renewal

The renewal process of Trademark registration follows the following steps:

Application Filing

• To begin, the owner or authorised agent must file the application form TM-R, together with the above-mentioned papers and payments.
• If the owner files the application within 6 months of the trademark's expiration, extra surcharge fees must be paid to the renewal official fees, as described above.
• Because the renewal procedure takes months, the filing should begin 6 months before the expiration date.
• However, 1-3 months before the expiration date, the trademark registrar must issue an RG - 3 notification to the proprietor informing them of the impending expiration date. The notification is required, and if the trademark office does not send it, the registrar will be unable to strike the expired trademark from the registers.

Application Status Check

• After submitting the application form, the proprietor is expected to check on the progress of the application on a regular basis, as there are several time-bound steps that the applicant must conduct from the trademark register.
• The continual status check method must be followed until the registry has completed the application process, which includes formality verification of the application's quality as well as other tests.

Trademark Journal Advertisement

• Once the trademark registrar has finished the inspection procedure and accepted the application, the trademark will be listed in the Trademark Journal, which is an Official Gazette that lists the accepted and objectionable trademarks.
• The public, as a third party, is also given the option to register any objections to the trademark. If no objections are submitted after the required period, the trademark will be registered in the trademark registry.
• When a trademark is published in the register, it implies that it has been renewed for another ten years.

Consequences of Failure to Renew Trademark Registration

• The repercussions of failing to renew the trademark registration are severe. If the proprietor fails to file an application within the time limit specified or fails to pay the required fees, the registrar has the authority to withdraw the trademark from the register.
• The preceding criteria shall be followed only if the registrar has provided prior notice by advertising the notice, stating the intention to withdraw the trademark from the register, in the Trademark Journal.
• When a trademark is withdrawn from the register, the proprietor loses all rights to the mark. The right to file for violation & defend the brand from rival firms would be undermined by the owner's rights.
• However, the trademark office has been gracious enough to provide a second opportunity through restoration. If the proprietor forgets to renew the trademark registration within six months of its expiration, the owner has the option to submit for trademark restoration after six months but within 1 year of the trademark's expiration.

Trademarks Restoration & Its Importance

As per Section 25(4) of the Trademark Act (1999) the idea of restoration. It indicates that if the owner desires to restore a trademark after the specified term for renewing it has expired, he or she can file a restoration application after 120 days but within one year after the expiration date.

The restoration of the trademark offers the proprietor another window of opportunity. If the owner forgets to renew their trademark registration, the registration of the trademark offers another chance. As a result, it is carried out when the proprietor forgets to renew the trademark.

Similar to trademark renewal, trademark restoration offers protection for an additional ten years. In addition to the restoration procedure, the registrar must guarantee that the interests of all impacted parties are considered.

Requirements for Trademark Restoration

The restoration of the trademark registration, like the renewal criteria, requires specific papers and an application form to be filed with it.

Forms

Documents

The following documents are necessary for trademark restoration:

• A copy of the trademark registration certificate for the trademark.
• The applicant's photo ID and proof of address
• A power of attorney have required if the applicant is an authorised agent or representative.
• A copy of the trademark registration application form (Form TM-A that was utilised for filing the original application for trademark registration.)
• In addition, a declaration indicating the grounds or reasons for forgetting to renew the trademark registration within the statutory term should be submitted.

Other Essential Facts to Keep in Mind About Trademark Registration

When it comes to protecting your trademark in India, there are a few extra factors to consider. To begin, you should understand the distinction between an unregistered and a registered trademark. An unregistered trademark is not the registered one with the Indian government. A registered trademark has been properly registered with the Indian government.

If you have a registered trademark, it must be renewed every 10 years. You can do so by submitting a form to the Trademarks Registry. You can still use an unregistered trademark, but you will not have the same amount of legal security as a registered trademark.

Another consideration is that a trademark may be cancelled if it is not utilised for five years. If you do not utilise a trademark during this period, it may be registered by someone else. You avoid this, be sure to utilise and update your trademark on a regular basis.

Finally, keep in mind that you can only utilise the trademark in relation to the goods & services for which it has been registered. If you wish to utilise your trademark for something else, you must file a new trademark application.

Conclusion

To keep your Trademark alive and breathing you must first learn the legislation on trademark registration in India and ensure that you meet the registration criteria. The trademark register has been flexible enough to provide various options. Even if the proprietor does not renew his trademark, he might apply for restoration. As a result, the owner should make use of the registry's benefits to safeguard their marks from any infringements indefinitely.

Trademarks are an expanding subject in Intellectual Property Rights. The ability of a business's sign or term to be distinguishable from other enterprises is what defines the role of a trademark. The registration of a trademark assures that the owner's brand is protected from any potential damages. As a result, it is recommended to renew & restore the trademark as needed. A trademark is only valid for a term of ten years. If the proprietor is interested, he or she may renew the contract forever for consecutive seasons.