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The Renewal Process for Trademarks in Chennai

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Last Updated on July 19, 2024 by Kanakkupillai

A registered proprietor may submit a renewal application on Form TM-R directly or through one of their agents. The person in charge of handling trademark registration applications on behalf of the registered proprietors is either a trademark agent or a lawyer. Additionally, it’s critical to keep track of trademark renewal applications and regularly check on their status.

To renew the trademark, the applicant must frequently perform or respond in several time-bound ways. Therefore, it’s crucial to regularly verify the application’s status and follow the necessary steps until the trademark is successfully renewed.

Understanding trademark renewal

A request for renewal must be submitted to the Trademark Registry for a trademark to be registered in India for an indefinite length of time. The proper forms and the required costs must be included when applying for trademark renewal. Additionally, a renewal application may be submitted up to twelve months after the renewal is due.

According to standard procedure, the registered owner is informed that the registered mark should be renewed within a year after the due date for the trademark renewal. The advice is to ensure the registered trademark owner does not have to deal with the headache of filing the brand renewal late.

Once the registered owner pays the appropriate forms and fees, the Registry shall renew the trademark application, and the status of the trademark application is changed within a few weeks.

The importance of trademark renewal in Chennai

In support of the significance of trademark renewal in Chennai, the following points are made:

  • It enables you to safeguard your brand’s reputation.
  • It supports the preservation of your registered trademark’s exclusive rights.
  • It makes legal compliance possible, protecting you from infringement.

Duration of trademark protection

The trademark becomes registered as of the application date. The validity duration also begins on the application date rather than the trademark’s registration date. As a result, trademark registration in India is good for ten years after the application date.

For example:

Trademark application 01/02/2010
Trademark registered 05/05/2012
Trademark valid up to 31/01/2020

Required Documentation for Trademark Renewal in Chennai

Documents needed for a trademark renewal

  • A duplicate of the trademark registration certificate
  • A power of attorney attesting to the applicant’s representation
  • The proof of address and identity of the applicant
  • A copy of the Trademark Registration Application Form

The following would be part of the trademark renewal process:

  1. Use Form TM-R to submit your trademark renewal application.
  2. The applicant, the trademark holder, or a representative body designated by the applicant with authorization to act on their behalf should submit the renewal application.
  3. The application status should always be checked by the applicant to make sure that the registrar has processed it and moved on with it. The renewal will be valid for the next 10 years.
  4. The accepted trademark would be publicized in the trademark registry’s official journal, which governs the acceptance or rejection of the trademark.
  5. The cost of renewal will vary depending on the filing type. Physical filing costs INR 10,000; filing electronically costs INR 9,000.

Trademark restoration

Situations when company owners or management forget to renew a trademark before it expires or on the designated date come up frequently. In these circumstances, the trademark proprietor may reinstate the same pursuant to Section 25(4) of the Trademark Act, 1999. However, it needs to be done within a year of the expiration date, and fines must be paid along with the required payments.

Benefits of timely trademark renewal in Chennai

  • Legal safeguard: You can quickly establish your rights in court only if you believe someone has exploited your registered brand without your consent.
  • Create a unique identity: Registering your trademark is the first step in ensuring that your clients are pleased to identify your services or products with your brand. The law will thereafter prohibit the registration of any additional trademarks for goods or services that contain comparable phrases or clichés.
  • Create business chances: If you want your firm to succeed, having a trademark can be a very helpful intangible asset. Many firms can earn significant amounts of royalties through licensing agreements or even the transfer of ownership to interested or engaged parties.
  • Extension of ownership rights: One may profit from violations of his or her ownership rights following the renewal of the trademark for the brand name. It guarantees your brand’s long-term protection and the goodwill generated by it.
  • Fewer chances for litigation: If you follow the requirements and renew your trademark on time, you can have flawless trademark protection without any risk of legal action. The renewal of trademarks makes it hard for anybody except the trademark owner to assert rights over the registered mark.
  • Security for brand name: 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.
  • Monetary returns: A trademark owner has the sole authority to grant a license or assignment of the registered brand to another party in exchange for financial remuneration. You should be aware of it because it means that one can benefit from a registered trademark as well.

Preservation of rights of a trademark

Only a registered mark is granted the ability to preserve those rights. If the owner doesn’t renew the trademark, he or she will lose all the protection that comes with the registration. The benefit of the legal assumption of ownership of a registered trademark must be noted and recalled. It simply means that it is up to the opposition to refute and/or challenge your ownership.

Failure to the renew of trademark

Failure to renew affects everyone who has been issued or granted a license to use the trademark, not just the trademark owner. In addition to lowering your legal standing, not renewing your trademark affects your legal rights. The benefit of exclusivity associated with a registered trademark accounts for this. The biggest benefit of renewal is that it prevents others from using your mark.

The Trademark Act is quite understanding and considerate of the owner’s worries. As a result, they get a second chance to renew the trademark within six months by completing the necessary paperwork (TM-10) and paying the added costs.

Conclusion

A trademark builds a brand and increases the worth of an entity. As a result, it is an entity asset. Every asset has a defined lifespan, and trademarks are no exception. It is effective for 10 years. Before the expiration date, a request for renewal must be submitted for ongoing use.

By submitting a fresh application within the allotted time frame, as previously discussed, and paying the required payments, it may be renewed. The Trademark Registry will, however, levy additional late filing penalties if the application for trademark renewal is submitted after the expiration date. Renewal of trademark in Chennai may also be pursued online.

One may also contact the Chennai-based Kanakkupillai in this regard, as they have a reputable team of professionals who can help you with any questions you may have regarding trademarks. Due to the complexity of trademark application procedures, seeking professional guidance is always preferred over using do-it-yourself techniques.

Through their trademark registration services, they hope to put an end to your trademark-related questions and hassles by keeping you informed about the processes surrounding trademarks in a transparent manner.

Kanakkupillai

Kanakkupillai is your reliable partner for every step of your business journey in India. We offer reasonable and expert assistance to ensure legal compliance, covering business registration, tax compliance, accounting and bookkeeping, and intellectual property protection. Let us help you navigate the complex legal and regulatory requirements so you can focus on growing your business. Contact us today to learn more.