Trademark Renewal Guide
Trademark Renewal Guide
1. Importance of Trademark Renewal
Trademark renewal is essential to maintain the exclusive rights to your trademark. It ensures that your trademark remains valid and enforceable, allowing you to continue using it to distinguish your products or services from competitors.
2. When to Apply for Renewal
Timely Renewal: In India, you should apply for trademark renewal well in advance of the expiration date. It’s advisable to start the renewal process at least 6 months before the trademark’s expiry date to avoid any last-minute issues.
Renewal Period: Trademark renewal can be filed within the 12 months preceding the expiration date. Filing closer to the expiration date can be risky due to potential delays or complications.
3. Filing the Renewal Application
Application Form: Submit the renewal application using Form TM-R along with the prescribed fee.
Required Documents: Ensure you have all necessary documents, including proof of use if required, and any changes in ownership or address.
4. Late Renewal and Restoration
Grace Period: If you miss the renewal deadline, you have a grace period of 6 months to renew the trademark with an additional fee.
Restoration: If the trademark is removed from the register due to non-renewal, it can be restored by filing an application for restoration within one year from the date of expiration, but no later than six months after that date.
5. Post-Renewal Considerations
Continuous Monitoring: Regularly monitor the trademark register to identify any potential infringements.
Updating Records: Keep your trademark records updated with any changes in ownership, address, or other relevant details.
6. International Trademark Renewal
Madrid System: For trademarks registered under the Madrid System, renewals must be filed with the World Intellectual Property Organization (WIPO). The renewal process and timelines may vary depending on the jurisdictions involved.
By following these steps, you can ensure a smooth and timely renewal of your trademark, maintaining its protection and value. For personalized assistance, consulting with a trademark attorney or a legal service provider like Kanoonwise can be very helpful.