A trademark is one of the most valuable assets a business can own. It represents the identity, reputation, and goodwill associated with a company's products or services. However, like any other legal right, trademark protection is not indefinite. To keep your brand safe from potential infringements and to maintain its exclusivity, it's crucial to understand the importance of trademark renewal.

This article will guide you through the process of trademark renewal, why it needs to be done, and possible consequences if your trademark is not renewed in time.

What Is Trademark Renewal?

Trademark renewal is the legal extension of your trademark registration beyond the initial period of validity. Most jurisdictions, such as India, the United States, and the European Union, allow trademark owners a right to periodically renew their trademarks, commonly every 10 years.

A trademark is initially valid for 10 years from the date of its registration. At its end, the owner needs to submit a renewal application to the relevant intellectual property office in order to uphold the protection of that trademark.

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Why Trademark Renewal is Important?

The purpose of trademark renewal is the continuous preservation of legal rights conferred on a trademark registration. A failure to renew a trademark eliminates the owner's exclusive right to use the mark in commerce. Subsequently, it would pave the way for competitors to use a similar mark in commerce, which could cause consumers to be confused and impair the brand's identity.

1. Brand Integrity: A trademark is much more than just a logo or name. It's the symbol of the reputation and quality of your business. When a trademark isn't renewed, it might mean losing control over its usage in the market. Consumers could end up finding the same or similar marks used by other businesses. This may cause brand value and consumer trust loss.

2. Protecting Intellectual Property Assets: Trademarks are intangible assets that grow in value over time. Its value flourishes as your business becomes more established and recognized. By ensuring your trademark is renewed on time, you safeguard this valuable intellectual property from being misappropriated by others.

3. Legal Remedies Against Infringement: A registered and renewed trademark can place an injunction against infringing on your rights. That means you can prevent unlicensed use of your mark, demand the removal of offending listings on the Internet, or even recover damages through court action. When a trademark lapses, those rights are lost.

How to Renew a Trademark?

Although the renewal process may vary, depending on the jurisdiction, some general steps can be applied. These are as follows.

1. Check the Expiration Date: Most jurisdictions permit trademark owners to renew their trademarks before the latter expires. This can take place up to six months to one year before the scheduled date of expiration. Remind yourself about the deadline to prevent missing this crucial date.

2. Renewal Application: A renewal application must be filed with the trademark registration office. The Indian Intellectual Property Office contains information about the trademark and its current use in commerce.

3. Pay the Renewal Fees: Every jurisdiction has its fee structure for trademark renewal. Be sure to check the current fees and submit them along with the application. Keep in mind that the renewal fee may increase if the application is filed late.

4. Provide Proof of Use (if required): In the United States, for example, you are likely to be required to submit proof of use as part of the renewal process. This will prove that your trademark is in use in commerce. In the absence of proof, the trademark will be cancelled.

5. Late Renewals: Many jurisdictions offer a grace period if you miss the deadline of renewal. You can renew the trademark after that but with an extra fee. For example, in India, a six-month grace period applies following the expiration date; however, the owner will pay a late fee for it. In some jurisdictions, if the grace period is missed, the registration may be cancelled.

Know What is the Trademark Registration Cost In India

Section 25 of the Trade Marks Act, 1999: Term, Revival, Cancellation, and Revival of Registration

Section 25 of the Trade Marks Act, 1999 provides for the term, revival, cancellation, and revival of trademark registrations in India. Here is a breakdown of the key provisions:

Sub-section (1): Term of Registration

A trademark registration is valid for 10 years from the date of its registration. After the expiry of this period, the trademark can be renewed for further periods of 10 years, as provided by this section.

Sub-section (2): Process for Renewal

A registered proprietor of a trademark can apply for renewal even before the expiration of the original registration or last renewal date. Renewal is granted for a further period of 10 years on payment within the prescribed time, in the prescribed manner and with the prescribed fee.

Sub-section (3): Notice of Expiration

Before the expiry of the registration of a trademark, the Registrar will send a notice to a registered proprietor. The notice shall include the date by which the registration is about to expire and the details for renewal, including payment of the renewal fee. Unless the conditions for renewal by the trademark owner are met during the stipulated time, the Registrar may delete the trademark from the register.

Grace Period for Renewal: However, if the renewal application along with the fee (and a surcharge) is filed within six months of the expiration of the registration, the trademark will not be removed from the register and the renewal will be approved.

Sub-section (4): Restoration of Trademark after Removal

If a trademark is removed from the register due to non-payment of the renewal fee, it can be restored within six months to one year from the expiration date. The trademark owner must file an application with the prescribed form and fee. If the trademark is deemed restorable by the Registrar, it will be reconverted and renewed for 10 years, with or without conditions.

Also, Checkout detailed guide on Trademark Law in India

Consequences of a Trademark Not Being Renewed

Failing to renew a trademark has several consequences. Some are mentioned below:

• Loss of Trademark Rights: When a trademark is not renewed, the rights given by the registration will be lost. There will be no prevention over others using the mark.

• Potential Infringement: Others will begin using a similar or identical mark if the trademark is not protected. This could lead to consumer confusion. It would harm your brand's reputation and market share.

• Cancellation of Trademark: This could cancel your trademark in some jurisdictions if it fails to renew within the time frame stipulated for that action. You would then have to re-register the trademark again, which is both expensive and time-consuming.

• Loss of Business Asset: Trademarks are often considered valuable intellectual property assets. Failing to renew your trademark means potentially losing an asset that could have been crucial to your business strategy, brand recognition, and revenue generation.

Summing Up

Trademark renewal is a crucial part of maintaining brand protection and ensuring the longevity of your intellectual property rights. To keep enjoying the exclusive rights granted by your trademark, you must stay on top of renewal deadlines, submit the necessary documentation, and pay the required fees. Ignoring the renewal process can lead to serious consequences. Be sure to keep an eye on your trademark's status, plan for its renewal, and consult an intellectual property attorney to avoid all legal pitfalls.

Trademark Renewal: FAQs

Q1. What is trademark renewal?

Trademark renewal is the process of extending the legal protection of your trademark after the initial registration period.

Q2. How often do I need to renew my trademark?

Trademarks usually need to be renewed every 10 years.

Q3. What happens if I don't renew my trademark?

Failure to renew a trademark can lead to the loss of exclusive rights and even cancellation of the trademark.

Q4. Is there a grace period for late renewal?

Yes, most jurisdictions offer a grace period of usually six months for late renewals, but with additional fees.

Q5. Do I need to prove my trademark is in use for renewal?

In some jurisdictions, yes—proof of use may be required as part of the renewal process.