Trademark renewal
Starting from Rs. 11000/-
Trademark application once registered has got to be renewed every ten years failing which the trademark is susceptible to be faraway from the Register of Trademarks. An application for the renewal of a trademark shall be made under Form TM-R along side the prescribed fee of INR 9000 per class anytime within one (1) year before the expiry of the registration of the mark. Failure to submit the requisite fee along side the shape TM-R may cause the trademark to be faraway from Register.
Overview
If no application for renewal of a trademark is filed along side the prescribed fee, the Registrar shall send a notice at the prescribed address of service informing the proprietor of the trademark of the renewal deadline. Such notice shall be sent less than 6 months before the expiry of the registration. it’s pertinent to notice that the trademark are often faraway from the Register only after such a notice has been served on the proprietor by the Registrar.
In the event a trademark is due for renewal, however, the trademark is registered anytime within six months before the renewal maturity or after the renewal maturity , then in such case, the trademark registration could also be renewed by the payment of the prescribed renewal fee within six months after the particular date of registration.
Consequences of failure to renewal of trademark
The consequences of not renewing the trademark are severe. In case, no application for renewal has been filed, or just in case no fee for renewal has been paid by the proprietor, the Registrar may remove the mark from the register.
Before removing the trademark, the Registrar shall first advertise his intention to get rid of the mark by advertising the notice to get rid of within the trademark journal.
Failure to renew affects not just the proprietor but also all those people that are either assigned or licensed the trademark. It also affects your legal rights, by not renewing your trademark, in effect weakens your legal position. A registered trademark has the advantage of exclusiveness. Registration protects you from infringement claims. However, the foremost important advantage of renewal is that it deters people from using your mark.
The Trademark Act is extremely sympathetic to the woes of the proprietor and has therefore provided another chance to renew the trademark within 6 months after the date of expiration of registration by a filing prescribed form [TM-10] and by paying the surcharge.
In all the above scenarios, if the renewal fee isn’t paid within the prescribed period, the trademark is susceptible to be faraway from the Register of Trademarks post advertisement of an equivalent within the Trademarks Journal.
Restoration of Trademark
If just in case the renewal period has lapsed and no application was filed before the expiration, then the proprietor can apply for restoration of the trademark. However, such an application has got to be made up of 6 months to 1 year after the date of expiration of such registration. The proprietor has got to file a prescribed form [TM-13] to request restoration.
After receiving applications to either renew or restore the trademark, the Registrar shall advertise the mark once more and invite objections from people that have reason to believe that the trademark shouldn’t be renewed or restored. After the lapse of the prescribed waiting period, if there are not any objections raised, then the mark are going to be entered within the register of trademarks. The entry shall specify that the mark has been renewed for a period of 10 years.
Procedure for Trademark Renewal
The proprietor of the trademark has got to file a prescribed form [TM-12], which is an application for renewal before the Registrar. This application can be filed on or before 6 months from the date of expiration of the registration.
1 – 3 months before the expiration of the registration, if no application for renewal has been filed, then the Registrar shall send a notice to the proprietor informing him of the upcoming renewal date. confine mind that no trademark are often removed, if notice of renewal has not been served.
Along with the appliance for the renewal, the proprietor has got to pay renewal fees as prescribed. Failure to pay such fees will cause the removal of the Trademark from the register.
Need for renewal of Trademark
There are many advantages to renewing a trademark. Registration of the trademark awards the holder of the trademark many rights that are protected by law. It prevents the infringement of the trademark and also provide for restitution just in case of such infringements. It also allows the holder the proper to transfer the trademark to a different person or company at their will. Licensing of trademarks are only possible if the holder of the trademark is has registered the trademark, therefore a registered trademark holds immense price . the way to renew a Trademark A registered trademark is merely valid for 10 years, after which it must be renewed. The registrar of trademarks will send you a letter of reminder of the expiry of the trademark 6 months before its expiry. once you are getting to renew a trademark you’ve got two options:
① Renew the trademark because it is
② Renew the trademark with changes and alterations
The application for the renewal of a trademark is that the form TM-R.
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The application doesn’t got to be filed by the registered owner of the trademark; it are often done by an authorised representative or an agent.
After filing the appliance one has got to follow the status of the appliance just in case any opposition is filed to the registration of the trademark. Such opposition are often filed by a person of the general public .
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When the appliance is approved the trademark are going to be published within the official gazette the Trademark Journal.
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If the trademark has been published then the owner of the trademark has protection for an additional ten years.
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The trademark are often indefinitely renewed.
The price for the renewal of a trademark depends upon whether it’s been one in-person physically or it’s been done online.
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If done physically the filing for the renewal costs 10,000 rupees
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If done online via e-filing it costs 9,000 rupees
For the renewal of a trademark, the subsequent are required:
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A copy of the registration certificate
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Copy of form TM-A (form used for the first application for registering the trademark)
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ID and address proof of the applicant
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Power of attorney if the applicant is an authorised representative or an agent
