Steps to Take When Applying for a Trademark Renewal or Change Renewal Trademark serves as a distinguisher between the goods or services being supplied and comparable goods or services being offered by another company. If a trademark is determined to be insulting, lacks uniqueness, or incorporates government symbols, it cannot be registered.
However, because trademark registration is only valid for ten years, it is required to renew it. Trademark registration renewal can commence as early as six months before the expiration date. Before the expiration date, a trademark renewal notification is delivered.
If a person fails to renew a trademark, the registrar may have the trademark removed from the Trademarks journal. However, this occurs only when 12 months have passed after the expiration date. Through a procedure known as restoration, a trademark registration can be renewed between 6 and 12 months after it has expired for a fee.
Documents required for the Trademark Renewal
- A copy of the certificate of trademark registration
- A power of attorney to act on behalf of the applicant
The applicant’s photo ID and proof of address
- A copy of the trademark registration application form
Checklist for Trademark Renewal
- The trademark should be registered, owned by the owner, and renewed on a regular basis.
- Make a trademark search to ensure there are no other trademarks that are identical to yours.
- If there is a trademark conflict, seek legal advice for a possible solution.
- Prepare a renewal application and, as a result, adhere to all applicable requirements.
Trademark Renewal Procedure
What Is the Process for Renewal of a Trademark?
The following is a simplified procedure:
- The TM-R application is for renewing a trademark registration.
- The application can be filed by the trademark’s registered owner or an agent designated by him.
- By completing a trademark renewal application, you will be able to extend your trademark for another ten years.
- It is critical to check the status of the application on a regular basis until it is processed by the registrar.
- The trademark journal is the trademark registry’s official publication that controls whether a trademark is accepted or denied. If your application is approved, it will be published in the trademark journal. And the renewal procedure should begin three to six months before the trademark expires.
- Submit the completed Form 18 together with the required payments. Before being authorized for renewal, the application is evaluated for quality.
Duration to renew a trademark registration
The following members, however, are eligible to file a trademark renewal or restoration application:
- The owner of a trademark registration
- An agent linked with a trademark registration
- According to rules 57 and 58 of the Trademark Rules 2017, the renewal can be submitted within one year after the expiration date.
- According to rules 63 and 64 of the Trademark Rules 2002, the renewal can be submitted within six months after the expiration date.
The renewal must be filed within six months of the expiration date.
Mandatory Notice from the Office of the Registrar of Trademarks
The office of the Registrar of Trademarks will issue a notification to the trademark owner six months ahead alerting him or her of the trademark renewal deadline.
If a trademark is not renewed within a certain amount of time, it will be withdrawn from the Trademarks Register.
However, by completing an application and paying the appropriate cost, the trademark can be reinstated.