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Why Renew a Trademark?

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  • Post published:May 25, 2024
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Last Updated on May 25, 2024 by Divya

Not renewing your trademark is the same as leaving your shop unlocked overnight. It’s a simple but important step toward safeguarding your valued business assets. An expired trademark renders your brand name and logo vulnerable. If you miss the renewal deadline, anyone can use them, harming your reputation and removing the legal protection you fought so hard for.

Do not make your brand vulnerable! Renewing a trademark is a straightforward process. Simply keep track of the expiration date, obtain the relevant documentation, and pay the fees on time. This simple action strengthens and legally protects your brand, providing the framework for long-term success.

Your brand identity serves as a shield in the marketplace, protecting your logo, name and image.  However, like any shield, they require care. They expire; thus, timely renewal is required. This ensures that no one may steal your brand’s identity while also protecting your business legally.

Do you still have questions? This tutorial delves deeper into the necessity of trademark renewal and leads you through the procedure to ensure a pleasant experience!

Understanding Trademarks in India

A trademark is similar to a custom label for your firm. It displays your name, brand, or both, allowing customers to readily distinguish you. This label also protects your products and services from copycats, guaranteeing that no one steals your brand’s unique identity. It’s like a personal shield for your business!

Your trademark may include your name, logo, symbol, colour scheme, catchphrase, or a mix of these. The ® mark might be added to the end to indicate that it is properly registered. In India, trademark operations are governed by the Trademarks Act of 1999. According to this legislation, trademarks that are derogatory, insufficiently original, or feature Indian official emblems are ineligible for registration.

Great news for Indian entrepreneurs! Applying for a trademark has recently become easier. In March 2017, the government issued new criteria for electronic applications. This greatly simplifies the process. This is an excellent step forward for Indian businesses!

Significance of Trademark Renewal

A trademark registration is restricted to ten years. Renewal is required to keep a legally binding trademark after this time. All related rights are extended for a number of additional years upon trademark renewal. If the trademark is not renewed when its validity period expires, it becomes invalid, and the owner loses trademark registration protection.

Protect Your Brand Identity: Why Renewing Your Trademark Is Important

Consider your trademark to be a protective shield for your brand’s name, logo, and image. It, like any other shield, requires regular maintenance! Trademark registrations are valid for ten years; thus, renewal is vital to maintain strong protection. Renewing your trademark extends your legal rights for several years.

What happens if you don’t renew?

Your trademark is your brand’s battle cry, setting you apart and building customer trust. But like a warrior’s weapon, it needs proper care. Skipping trademark renewal can have serious consequences:

  • Loss of Registration: If you don’t renew, your trademark registration gets removed, leaving your brand vulnerable. Even if you submit the renewal form (TM-12) but forget to pay the fees, the same can happen.
  • Second Chance: The Registrar isn’t out to get you, though. Before removing your registration, they’ll advertise this intent in the Trademark Journal, giving you one last opportunity to renew.
  • Widespread Impact: Letting your trademark lapse affects not just you but also anyone you’ve licensed it to. All legal rights associated with the trademark vanish.
  • Weakened Brand Position: A non-renewed trademark weakens your legal standing in case of infringement. You lose the exclusive right to your brand and the power to stop others from using it.

The Renewal Lifeline:

Don’t be concerned if you miss the deadline for trademark renewal! Most nations enable you to renew your trademark up to six months after it expires. Simply complete Form TM-10 and pay a small fee to get your trademark protection back on track.

Renewing your trademark is quick and keeps your brand safe. It protects your unique brand identity, legal rights, and competitive edge.  Just set a reminder for the renewal date and follow the simple steps from your country’s trademark office. It’s like keeping your brand’s shield strong!

Safeguarding Your Brand: An Overview of Trademark Renewal

Your trademark is the cornerstone of your business, protecting it and differentiating you from rivals. Nevertheless, it has an expiration date, just like any official document. This guidebook makes trademark renewal easier while ensuring your brand has continuous legal protection.

The Renewal Process:

  • Form TM-12: To renew your trademark, you must submit Form TM-12 to the trademark office at least six months before the present registration expires. This form officially kicks off the renewal procedure.
  • Relax, even if you miss the initial 6-month window! Many trademark offices send a reminder notice within 3 months of expiry, offering you another opportunity to renew your trademark.
  • Don’t depend on the reminder notice! Although the trademark office will usually send one within 3 months of expiry, it’s crucial to be proactive. Track your trademark’s expiry date yourself and file the renewal application promptly to avoid any complications.
  • Renewal Fees: Alongside Form TM-12, settle the necessary renewal fees. Timely payment streamlines the application process. Neglecting fee payment post-submission might result in the removal of your trademark registration.

Upholding Brand Security:

Lock down your brand protection! Renewing your trademark is simple and essential! It protects your brand’s name, symbol, and reputation from imitations. Simply follow these steps and set calendar reminders to keep track of the renewal date. Prioritizing trademark renewal protects your brand from legal concerns and preserves its lifetime.

Restoring an Expired Trademark: A Guide to Trademark Restoration

Even if you missed the renewal deadline and forgot Form TM-12, trademark restoration might still be an option. This process comes into play when the renewal period concludes. Here’s what you need to know about restoring your trademark:

There is still hope, even if you miss the renewal date! In rare situations, you can reactivate your trademark within one year after its expiration. Here’s how.

  • File Form TM-13: This form initiates the restoration process with the trademark office.
  • Trademark Advertisement: The trademark office will advertise your mark to ensure no one else has begun using it during the lapse.
  • Verification and Re-registration: If no objections arise during the advertisement period, the trademark will be officially restored and added back to the register, granting you ten more years of legal protection.

Conclusion

While trademark renewal is desired, unforeseen circumstances might sometimes result in an expired registration. Kanakkupillai knows the importance of maintaining your brand identity. That is why we are here to assist you with the trademark restoration process. You can reclaim your trademark and secure its continuous legal protection by following the actions mentioned above and completing Form TM-13 by the stated time. Do not hesitate to contact our trademark specialists; we will gladly walk you through the process and aid you in restoring your valuable brand asset.

Divya

Telecom engineer turned content creator with a knack for crafting compelling narratives. Experienced in client management and community engagement, and ventured into freelance content creation, contributing tailored and impactful content across diverse industries. Currently, collaborating with companies like Kanakkupillai, dedicated to delivering inspiring technical content rooted in a solid foundation.