{"id":9221,"date":"2023-12-11T13:01:04","date_gmt":"2023-12-11T07:31:04","guid":{"rendered":"https:\/\/www.startupfino.com\/blogs\/?p=9221"},"modified":"2023-12-11T13:01:06","modified_gmt":"2023-12-11T07:31:06","slug":"why-renew-a-trademark","status":"publish","type":"post","link":"https:\/\/www.startupfino.com\/blogs\/why-renew-a-trademark\/","title":{"rendered":"Why Renew A Trademark?"},"content":{"rendered":"\n

The consequences of failing to renew a trademark pose a tangible risk to the integrity and recognition of globally acclaimed brands. Beyond the legal intricacies, it highlights the necessity of trademark renewal in safeguarding businesses from infringement. For example the Coca-Cola brand is known worldwide for its refreshing beverages and distinctive red and white logo. If Coca-Cola neglects to renew a trademark, then a competitor could potentially adopt a similar logo, leading to confusion among consumers. This could result in customers purchasing a different beverage, under the pretense of Coca-Cola. This could happen with any big business, hence it is necessary to renew the trademark. In this discussion, we\u2019ll delve into the significance of trademark renewal and provide a detailed guide on its renewal process.<\/p>\n\n\n\n

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Understanding Trademarks and the Renewal Process<\/h2>\n\n\n\n

A trademark, according to the WIPO that is commonly known as the World Intellectual Property Organization<\/strong>, is a symbol that can be used to differentiate the products or services of one company from those of other companies. In India, the Trade Marks Act of 1999<\/strong> (\u201cthe Act\u201d) under Section 2(1)(zb) <\/strong>outlines three essential characteristics for a legally valid trademark: firstly, it must be graphically representable; secondly, it must possess the ability to differentiate a company’s products or services; and thirdly, it may encompass product shapes, packaging, and color combinations. <\/p>\n\n\n\n

The Act along with the Trade Marks Rules of 2017<\/strong> deals with the intricacies of trademark registration<\/strong><\/a>, renewal, ownership and enforcement. When a trademark is officially registered under the Act, it is initially protected for 10 years.<\/strong> To extend this duration beyond the initial 10-year term<\/strong>, to renew a trademark is required. Renewal requests fall into two distinct categories\u2013the first involves renewing the trademark without any alterations; while the second involves changes to the existing trademark.<\/p>\n\n\n\n

Trademark Renewal Procedure – A Step by Step Guide<\/h2>\n\n\n\n

In order to renew trademark follow the steps given below: <\/p>\n\n\n\n

Filing Application to Renew a Trademark <\/h3>\n\n\n\n

The owner or their authorized representative (collectively referred as \u201cowner\u201d) must submit the renewal application in Form TM-12<\/strong> to the Trademarks Registrar along with the required fee (failure to pay requisite free will amount to removal of trademark). This should be done at at least 6 months before <\/strong>the current trademark registration expires, if the owner fails to submit the renewal application, the Registrar must inform them about the expiration date and renewal process in Form O-3.<\/strong> This notification should be sent before 3 months<\/strong> of the trademarks expiration. Without this notice, the trademark cannot be removed from the register.<\/p>\n\n\n\n

Examination and Processing<\/h3>\n\n\n\n

Once the application to renew a trademark is submitted to the registrar of the trademarks the very first thing the registrar is going to do is verification of the application. The Registrar examines the application to ensure its compliance with the requirements. Upon satisfaction, the registrar will renew the application for a further 10 years<\/strong>. If not satisfied your application to renew the trademark may be rejected. Hence the application to renew the trademark must be filed carefully. <\/p>\n\n\n\n

Issuance of Renewal Certificate<\/h3>\n\n\n\n

Once your verification is completed, the registrar will issue the certificate of renewal. This certificate can be issued only after the successful verification of the renewal application. A Renewal Certificate is issued by the Registrar to the owner of the trademark after proper verification. In any case if the verification is not successful which means if your application is not as per the guidelines your application may be rejected or clarification may be raised. <\/p>\n\n\n\n

TM-12 Form Submission Checklist<\/h2>\n\n\n\n

Application to renew a trademark in Form TM-12<\/strong> must be accompanied by the following: <\/p>\n\n\n\n