Trademarks are symbols or logos employed by companies to symbolise their services and brand, aiding in the recognition of the firm or business. Trademark registration is done under the Trademark Act of 1999 with the trademark registry department. It is very important to note that trademark registration is not permanent but it has to undergo periodic renewal. In this blog, we shall understand the time period for TM renewal.
Time Period for TM Renewal in India
In accordance with the Trademark Act of 1999, the tenure for trademark registration in India spans a duration of 10 years and by renewal it is extended for 10 more years. Before the expiry, the trademark registrar sends a notice which is usually 6 months before the expiry date. It is essential to adhere to the prescribed timelines to maintain the active status of the trademark registration in the country. The time period for TM renewal has to be within the validity of the TM which is before the 10-year period expires.
Where Can You Register the Trademark in India?
India facilitates trademark registration through five distinct trademark registry departments located in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad.
Upon successful registration, the proprietor of the trademark gains exclusive rights to utilise the trademark. This legal protection is instrumental in preventing unauthorised individuals or entities from copying or using the registered trademark without permission.
Duration of Protection and Renewal Process
Registered trademarks in India are safeguarded for a period of 10 years. Post this duration, trademark renewal is imperative to maintain the protection. The renewal process involves extending the registration for another 10-year term. So, the time period for TM renewal must be before such expiry.
If a registered trademark remains unused for a continuous period exceeding 5 years, it may be subject to termination. In such cases, the proprietor can file a petition to address and resolve the non-usage issue. Regular usage is therefore key to upholding the active status and protection of a registered trademark.
Documents Required for Trademark Renewal in India
While adhering to the time period for TM renewal, several essential documents must also be submitted to ensure a smooth and successful renewal process. The required documents include:
1. Enrolment Affidavit Document:
A document providing evidence of the enrolment affidavit is necessary for the renewal process.
2. TM-R Form:
The completed TM-R form, which is specifically designed for trademark renewal, must be filled out accurately and submitted along with the renewal application.
3. Identification and Address Proof of the Applicant:
Valid identification and address proof of the applicant are essential for verification purposes. This may include government IDs such as Aadhar card, passport, etc.
4. Trademark Registration Certificate:
The original trademark registration certificate, proving the initial registration of the trademark, is a crucial document for the renewal process.
5. Power of Attorney:
If the renewal application is being submitted by an authorised agent or a dealer on behalf of the applicant, a power of attorney document must also be included.
Trademark Renewal Procedure in India
Renewing a trademark in India is a crucial process that ensures the continued protection of intellectual property while sticking to the time period for TM renewal. The trademark renewal procedure involves these steps:
1. Renewal Notification:
At the end of the protection period which is 10 years, the registrar of trademarks sends a renewal notification via mail to the official address of the trademark owner. This notification is generally to be sent six months before the expiry date. It must be ensured that time period for TM renewal is strictly adhere to.
2. Initiate Renewal Petition:
File a petition for trademark renewal using the designated TM-R form. The petition can also be submitted by an authorised dealer acting on behalf of the trademark owner.
3. Submission of TM-18 Form and Affidavit:
Complete the TM-18 form and submit it along with an affidavit as part of the renewal application.
4. Payment of Renewal Fees:
Pay the renewal fees for the trademark. If filing manually, the fee is Rs. 10,000, while online renewal involves e-filing fees of Rs. 9,000.
5. Application Analysis:
The renewal application is thoroughly analysed for any errors or discrepancies.
6. Renewal Certificate Issuance:
If the application is error-free, the trademark register issues a renewal certificate in the name of the trademark owner.
7. Publication in Trademark Journal:
After successful renewal, the updated information is published in the trademark journal, confirming the continued validity of the trademark.
Following these steps diligently ensures a smooth trademark renewal process, maintaining the protection and exclusivity of the registered trademark for another 10-year period.
Online Trademark Renewal Process in India
Renewing your trademark online is a convenient and cost-effective method. Mentioned below is how to renew your trademark online through the official website of Intellectual Property India within the time period for TM renewal:
1. Visit the Official Website:
Begin by visiting the official website of Intellectual Property India.
2. Dashboard Navigation:
Log in to your account and navigate to the dashboard. Select the ‘New Application’ tab and then choose ‘TM-R’ for trademark renewal.
3. Application Form Selection:
Choose the appropriate application form from the options provided.
4. Data Entry:
Enter all the required credentials in the respective fields. Click on the ‘Save’ button to store your entered information.
5. Document Upload:
Upload the necessary documents by clicking on the ‘Uploads’ icon and then proceed by clicking on the ‘Proceed’ button.
6. Application Submission:
After successful data entry and document upload, a pop-up confirming the successful drafting of the application will appear. Click on the ‘Submit’.
7. Payment Process:
The submitted request will be displayed in the ‘Payments’ section. Go to the ‘Payment’ icon on the dashboard and choose ‘Make a Payment.’
8. Form Selection and Payment:
Select your form from the list and click on the ‘Make Payment’ option. Complete the payment process.
9. Acknowledgment Slip:
After completing the payment, an acknowledgment slip will be displayed.
10. Receipt Download:
Go to the ‘Payment’ menu, choose ‘Payment History,’ and click on the ‘Receipt’ option. Download the receipt for your records.
Final Thoughts
The time period for TM renewal is a critical aspect governed by the Trademark Act of 1999 in India. With a standard protection duration of 10 years, trademark owners are notified six months before expiry by the registrar of trademarks. The renewal process involves filing a petition, either manually or online, through the designated TM-R form. Online renewal, accessible through the official Intellectual Property India website, is recommended for its convenience and cost savings. Sticking to the time period for TM renewal ensures another decade of legal protection, and timely action is vital to prevent trademark removal from the official register. Also, adhering to the renewal timeline secures the continued exclusivity and integrity of registered trademarks.
