Trademark Renewal : Safeguarder of Your Brand

Updated on July 08, 2024 08:09:10 AM

Trademark Renewal is an essential legal procedure through which a brand maintains its validity and uniqueness in the marketplace. Every entrepreneur suffers from several problems in building and making a standout identity for their business. Therefore, business owners or brand owners should understand the importance of Trademark Renewal.

However, It is important to renew the trademark every few years to ensure that your brand remains protected and is not misused by competitors. If your trademark’s validity is about to end or has expired, this article will help you understand the whole procedure of Trademark Renewal and the cost and documents.

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Understanding Trademark Renewal

Trademark Renewal is a necessary lawful procedure that maintains the validity of the brand. Trademark granted to a specific duration, that is 10 years. After this duration, the trademark must be renewed for upholding its rights. This is a critical stage in conserving the trademark owner's exclusive right to use the mark to identify their products or services.

If you are a brand owner and do not renew your trademark, you could face several consequences. It opens the door for other competitors to use similar marks and could harm the uniqueness of the existing brand. It may also cause confusion, attract your consumers and damage your goodwill. However, without current registration, the trademark owner's legal remedies in the case of infringement are significantly reduced.

Process of Trademark Renewal

The complete step-wise process of Trademark Renewal is as follows:

Step 1: Review TM Status & Expiry Date

The Trademark owners must review and check the trademark status regularly and keep track of the expiry date of the validity. The government authority of IP is also informed or notifies the brand holder about the expiry date. If you are a brand holder and get the Trademark Watch Service from a professional attorney, they also update you regarding your brand and its expiry date.

This information is crucial to planning for the Trademark Renewal procedure. Trademarks often receive protection for a specific length of time, usually ten years, so it's critical to know when your registration is up for renewal.

Step 2: Consult with a Professional TM Attorney

Trademark Renewal procedure could be a difficult task if it does not get renewed timely. However, for this renewal procedure, the brand holder must consult with a professional TM Attorney who has expertise in this field. They will guide you through the whole procedure. They will also help you to avoid any legal complications that may arise. It is important to renew your trademark on time to avoid any legal disputes or penalties.

“Litem Legalis” could be your best option for the TM Attorney.

Step 3: Prepare Trademark Renewal Application

Gather all of the essential papers and information for the renewal application. This typically includes trademark information, evidence of use, and, in certain jurisdictions, a declaration of continuous use. Check that all of the information supplied is correct and up to date. Also, be aware of any special forms or formats that the appropriate intellectual property agency may demand.

Step 4: File Trademark Renewal Application

Submit an application for renewal to the appropriate intellectual property authority. This stage includes filling out the necessary documents and paying any applicable costs. To avoid gaps in protection, the application should be filed well in advance of the expiration date.

Step 5: Monitor and Confirm Renewal

Maintain a record of the status of your renewal application. Check for updates or contact from the intellectual property office on a regular basis after submission. When your renewal is accepted, make sure you receive formal confirmation and updated registration information. It is recommended that you save documentation of the renewal for your records and future reference.

Government Fees for Trademark Renewal

Trademark Renewal fees are as follows:

Payment Mode Fees
Online Mode ₹9,000
Offline Mode ₹10,000

Note: If the trademark renewal is late, the brand holder has to pay a penalty fee that is ₹3000 and the professional fees differ from the government fees.

Benefits of timely Trademark Renewal

Trademark Renewal is a very crucial part of a well-known brand, it has several benefits that are as follows:

  1. When a trademark is renewed on time, the owner maintains the exclusive right to use the registered mark for the products or services it covers. This exclusivity is an important component of trademark ownership since it serves as the legal foundation for brand identification and distinctiveness in the marketplace.

  2. Renewing a trademark serves as a proactive step against potential infringement. With a valid and current registration, the trademark owner has the Legal standing to take legal action against any unlawful use or infringement of their mark by rivals or other entities.

  3. A well-established and protected trademark is a significant asset that adds to a brand's overall integrity and repute. Consumers, rivals, and stakeholders will notice that the brand is actively managed, devoted to preserving quality, and invested in its long-term existence if it is renewed on time.

Why Litem Legalis?

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Conclusion

Trademark renewal is a strategic need for organisations, not just a legal formality. By assuring continued protection of exclusive rights, preventing infringement, and maintaining brand integrity, timely renewal becomes a cornerstone of long-term success. In an ever-changing industry where brand recognition is critical, the dedication to conserving and renewing trademarks is a proactive position that resonates with customers and ensures a company's long-term impression. Let trademark renewal remain a monument to a brand's durability and unflinching adherence to its identity as we negotiate the difficulties of commerce.

Frequently Asked Questions (FAQs)

What is Trademark Renewal?

Trademark Renewal is a legal procedure to extend the validity of a registered trademark after a particular duration. It helps to maintain exclusive rights and provides protection to the existing brand.

What are the fees for the Trademark Renewal?

₹9,000 in online mode and ₹10,000 in physical mode are the fees for the Trademark Renewal. In case of delayed renewal, the brand holder has to pay ₹3,000 with the existing fee amount.

When do we have to renew the Registered Trademark?

Generally, registered trademarks must be renewed every ten years.

What will happen if a Trademark is not renewed?

If a trademark is not renewed, it will expire and no longer provide legal protection. This allows others to use, register, or infringe on the mark without consequences.

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