Today's society places a growing emphasis on trademarks since they shield businesses from significant harm. They must be protected at all costs since they are a company's lifeblood. According to the portrayal of the trademark, it is a symbol that makes it possible to tell one company's products and services from those of another. Along with conventional trademarks like symbols, words, letters, numbers, and pictures, it also contains non-traditional trademarks like taste, fragrance, and colour.

Every ten years, a trademark owner has the option to extend it indefinitely. The Registrar provides the trademark holder with a window of 6 months prior to the expiration of ten years so they can renew their trademark & keep using the rights granted. If a trademark owner doesn't renew it, the registrar will publish an advertisement in the Trademark Journal announcing the trademark's loss.

If the trademark is not extended after the ten-year period, the owner still has the choice of restoration. 

Scope of Trademark Renewal

Renewal of a trademark has various benefits. The proprietor of the trademark receives several legal rights after trademark registration. It guards against trademark infringement and offers compensation if it does happen.

Additionally, it gives the trademark holder the freedom to assign the trademark at any time to another individual or business. Finally, a registered trademark has enormous financial worth since trademark licencing is only available if the trademark proprietor has registered the mark.

Advantages of Trademark Renewal

The advantages of trademark renewal are as follows:

Extension Property Rights

The entire purpose of trademark registration for a company is to assert exclusivity over one's brand identification. Each trademark renewal's exclusive right to use it is increased by ten years. Additionally, by renewing trademark registration, you are safeguarded against any infringement on the reputation of your company. Additionally, the goodwill that your brand name has earned through the years is protected.

Ability to Attract Skills

When you extend your trademark, it spreads your company's mission, identity, and distinctive qualities over a prolonged period of time. Young people with talent naturally want to be connected with such reputable companies. Additionally, competent human resources will be more likely to work for your company if you have a great brand image. In a manner, consistently renewing the trademark will eventually cut down on the expense of finding and keeping qualified employees.

Protection from Legal Action

With each renewal of a trademark, you continue to get constant defence from pointless lawsuits. Furthermore, if you renew your trademark on time, no one else or company will be able to use it without your permission. As long as your trademark is still registered in your name, you may also bring legal action against other persons or companies who are using it without your permission.

Make Your Identity Unique

The first step in guaranteeing that your customers can recognise your products or services with your brand is to register your trademark. The legislation will subsequently prohibit the registration of any other identical terms or catchphrases for products or services.

Make business opportunities

A trademark may be a very useful intangible asset if you want your business to flourish. Through licencing agreements or even the ownership transfer to interested or engaged parties, many businesses may make enormous amounts of money in royalties.

Keeping Brand Names Safe

The brand name will be continuously and without interruption protected by a renewed trademark, providing security. Failure to renew and disappointment result in the loss of brand name legal protection.

Financial Returns

A trademark holder has the only authority to licence or transfer a registered trademark to another party in exchange for financial remuneration. You should be aware of it because it means that one can earn from a registered brand as well.

Step of Trademark Renewal Process

Any of the following steps can be finished by the proprietor or an authorised agent acting on their behalf to renew a lapsed trademark registration:

Application Submission

• The owner or authorised representative must first file the TM-R application form along with the necessary supporting documents.
• Extra surcharge payments, as mentioned above, must be provided in addition to the renewal official fees if the owner submits the application during the six-month window following the expiration of the trademark.
• Since it takes months to complete the trademark registration renewal process, the filing should start six months before the expiration date.
• However, the trademark registrar is required to send a necessary RG-3 notice to the proprietor notifying them of the imminent expiration date 1-3 months prior to the expiration date. If the trademark office does not give the aforementioned notice, the registrar will not be able to remove the lapsed trademark from the registers.

Verify the Application's Status

• Since the applicant must complete several time-bound processes from the trademark register after completing the application form, the holder is required to periodically check on the status of the application.
• Until the registry has finished the application process, which comprises formality checking of the application's competence and other tests, the ongoing status check must be followed.

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• Once a trademark registrar has completed the inspection procedure and authorised the application, the trademark will be published in the Trademark Journal, an Official Gazette that lists the accepted and disapproved trademarks.
• The general public has the ability to file any trademark-related worries as a third party. The trademark will be approved in the trademark registry if no objections are made after the necessary amount of time has passed.
• A trademark renewal for an additional ten years when it is registered in the registry.

Documents for Trademark Renewal

• Copy of Trademark Registration Certificate.
• Photo ID & address proof.
• If the applicant is a representative or an authorised agent, they must produce a power of attorney.
• Copy of the application form.

Trademark Restoration

Sometimes individuals fail to renew their trademarks in the authorised amount of time. No need for concern; there remains a choice in such circumstances. If the trademark is not renewed, one might then try to get it restored. According to, Section 25(4) of the Trademark Act of 1999 allows for the restoration of a trademark, and anybody may make applications.

Restoration of a trademark is only permitted within a year following the registered trademark's expiration.

Consequences for not Renewing Trademark

Failure to renew the trademark carries a severe penalty. The trademark registration may be cancelled if you don't submit a renewal application.

Additionally, if you submit the application but do not pay the required fees, the listing might be removed. However, the Registrar will publish notification of his or her decision to cancel the trademark registration before doing so in the Trademark Journal, providing you with one more chance to renew it.

Not only the owner but also everyone who has been assigned or licenced with the trademark would suffer if you fail to renew the sign even after this. Additionally, all of the proprietors' legal rights will be void. Additionally, it seriously jeopardises the owner's legal standing. Additionally, it eliminates the advantage of exclusivity and erodes the defence against claims of infringement. To put it another way, you won't have the ultimate power to stop others from using your brand.

The Registrar will let you renew your trademark for up to 6 months after it expires since they understand how important it is.  The applicant must complete the TM-10 form & pay the necessary payment.

Conclusion

One of the fields of law involving intellectual property with the fastest expansion is trademark law. The ability of a sign or word used by a company to be distinguished from those of other businesses serves as the definition of a trademark. The protection of the owner's brand from any possible harm is ensured through trademark registration. It is advised that the trademark be renewed & restored if necessary as a result. A trademark can only be used for 10 years.

The Indian trademark registration is suitable for ten years and has to be renewed every ten. In India, completing a renewal application within 6 months of the expiry date is a crucial criterion for renewing a trademark. As is customary, the registrar's office notifies the owner of the trademark that an amendment to the registration must be made within 6 months of the expiry date. You will be guided through the entire process by Online Legal India's professionals, who will make it as easy as possible.