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SAHU & ASSOCIATES:Trademark registrations are valid for a period of 10 years. Registered trademarks can be renewed by filing a renewal application.
- If the businessman fails to do Trademark Renewal, then he/she loses all the legal protection that comes at the side of the trademark.
- The registration of a trademark is valid solely up to an amount of ten years, to retain the rights of the trademark; owner must renew it by following the prescribed procedure.
Renewing Your Trademark
1. The Trademark register in the Asian nation grants the registration of a trademark that is valid for an amount of ten years and wishes to be revived from time to time.
2. There are 2 forms counting on the date of the renewal if the trademark is revived on time i.e. six months before completion of ten years, then the businessman has got to file a type TM-12, that is an associate application for renewal before the registrar.
3. If the renewal is filed once half-dozen months of termination, then the owner must register by filing type TM-10 and by paying the surcharge, and if he/she fails to pay even this then it'll cause the removal of the trademark from the register.
4. If the applying is filed among six months before the Expiration Date i.e. on time, then the subsequent are the requirements:
5. File type metallic element -12 (Renew application) at the side of metallic element forty-eight (Power of Attorney)
6. Pay the govt fees.
7. Then, once verification from the govt, the trademark is once more revived within the name of the first owner.
8. If the applying is filed once six months once the expiration date of the Trademark which suggests the trademark has already expired. thus following are the requirements:
9. File type metallic element - 12 (Renew application) at the side of metallic element forty-eight (Power of attorney) and metallic element ÃƒÂ¢Ã¢â€šÂ¬Ã¢â‚¬Å“ thirteen (Condemnation of delay)
10. Pay the govt fees of bureau five,000 on the side of further fees which can be up to bureau 3000/-
11. Then, once verification from the govt, the trademark are once more revived within the name of the first owner
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 in case no fee for renewal has been paid, the Registrar may remove the mark from the register.
Before removing the trademark, the Registrar shall first advertise his intention to remove the mark by advertising the notice to remove in the trademark journal.
Failure to renew affects not just the proprietor but also all those people who 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 benefit of exclusiveness. Trademark registration protects you from infringement claims. However, the most important benefit of renewal is that it deters other people from using your mark.
The Trademark Act is very 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.
Restoration of Trademark
If in case the renewal period has lapsed and no application was filed prior to the expiration, then the proprietor can apply for restoration of the trademark. However, such an application has to be made from 6 months to 1 year after the expiration of such registration. The proprietor has 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 again. The purpose of the advertisement is to invite objections from people who have reason to believe that the trademark should not be renewed or restored. If there are no objections raised within the stipulated time, then the mark will be entered in the register. The entry shall specify that the mark has been renewed for a period of 10 years.
What If The Trademark Expires?
Well, if you don't apply for the renewal of the trademark within six months after the expiry, there's still hope, as you can apply for a restoration.
Under Section 25(4) of the Trademark Act, 1999, you can apply for restoration by submitting an application and paying the prescribed fee. However, this can only be done within one year of the expiration of the trademark.
Will this be successful? Maybe.
The registrar will look at the case, keeping in mind the interest of the affected parties. If such a request for restoration is filed, the registrar will then advertise it in the official journal. If there are no parties contesting the restoration, then the original owner of the trademark wins back the trademark. If, however, there are objections, the proprietor of the trademark will have to object to the same and fight the case for his trademark.
Safest option? It's a simple procedure of renewal. The crux of the matter is timing. If you file for renewal well within time, there is no way you would lose your trademark.
Important Aspects of Renewing Trademark
It's important that a professional file for the renewal of a trademark application to ensure that the mark is properly protected. An experienced professional can help significantly improve chances of successful trademark renewal by filing a professional application, addressing all the aspects of Trademark Act.
10 Year Protection
Filing a trademark renewal application extends the protection by another 10 years. Trademark registration are valid for a period of 10 years and must be renewed before expiry. Our professionals can ensure your trademark is renewed and protection for the mark is extended as per the Trade Mark Act of India.
Post filing of a trademark renewal, it is important to periodically check the status of the trademark renewal application until its processing on the Government side. Trademark renewal sometimes requires various time-bound response or action from the applicant. Hence, it's important to continually check the status of the application and take required action until registration.
Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the application is acceptable, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark. This process is not required while renewing an existing trademark.
Trademark Act provides legal protection for all registered trademarks. Legal remedy is available in case of infringement by any person or entity. A person is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees for trademark infringement.