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The registration of a trademark is only valid for ten years. After that, it can be renewed on an as-needed basis. Trademark renewal protects the rights that are available only to registered marks. If the owner fails to renew the trademark, he will lose all of the protection that comes with registration.
Failure to renew affects not only the proprietor but also everyone who has been assigned or licensed the trademark. It also has an impact on your legal rights because failing to renew your trademark weakens your legal position. The benefit of a registered trademark is exclusivity. Registration safeguards you against infringement claims. The most important advantage of renewal is that it discourages others from using your mark.
Provide Protection against unnecessary legal action
Provide Safety to the brand name
Extension of the right of ownership
Increase brand value
The trademark owner must file a prescribed form, which is an application for renewal, with the Registrar. The Trademark need to be renewed within 12 months of the registration's expiration date and it can only be extended to no later than 6 months. If a trademark is not renewed within six months of its expiration date, it will be deleted from the Register of Trademarks.
The registration of a trademark is valid for 10 years like any other trademark. And the applicant renews the trademark after this and this process continues until the applicant decides that it is appropriate to keep his or her trademark alive.
• Trademark Renewal to change any sign or words which is already existing trademark.
• Trademark Renewal without a change.
1. Applicant Details-
• Name, Address, Nationality of the applicant
• Registration certificate in case of corporate body/other entity
2. Trademark registration certificate.
3. Certified copy of the form TM-A used for the trademark registration application.
4. Power of Attorney if the applicant is an authorized representative of the trademark owner.
Yes, you can change the class of goods or services for which your trademark is registered during the renewal process. However, you will need to pay an additional fee for each additional class and provide evidence that the trademark is in use for the new class or classes.
Yes, it is necessary to use a trademark consistently in order to renew it. If a trademark is not used for a continuous period of 5 years, it may be open for cancellation on the ground of non-use.
If you do not renew your trademark registration in India, the registration will expire and you will lose the exclusive right to use the trademark. Additionally, you may also be vulnerable to infringement by third parties who may register or use a similar trademark.
Yes, you can renew your trademark registration even if it is being challenged or opposed. However, it is important to note that the renewal of the registration will not affect the outcome of the opposition or challenge.