The validity of trademark registration in India expires after a period of 10 years from the date reckoned from the date on which the appliance for registration of a trademark is filed. A registered trademark could also be renewed for a successive period of 10 years. For this purpose, the registered proprietor will need to make an application within the prescribed manner and within the prescribed period along with side the payment of the prescribed renewal fees. it’s obligatory on the Registrar of The trademark to renew the registration if the renewal application is correctly filed in compliance of the law, which is as under:
Trademark Renewal Application
The prescribed manner during which application is often filed seeking a renewal of trademark, the applicant has got to file Form TM-R properly signed and sealed by the authorized representative of the applicant.
The renewal application is often made by the registered proprietor only and not by licensee of the registered proprietor, in other words, if there has been any change within the applicant (owner of the trademark) on account of death, assignment, etc. then there in case the new proprietor must be updated within the Register of trademark, however, if it’s not been done then therein case, and therefore, the renewal application must even be accompanied by a joint request by registered proprietor and transferred to register the transferred as the subsequent proprietor of trademarks upon an equivalent devolution of title in Form No. TM-R or/and an invitation to record a subsequent proprietor of a trademark upon the devolution of title in Form No. TM-R.
Registrar issue notice before expiration and removal of registration Registrar must notify the registered proprietor, or within the case of a jointly registered trademark each of the jointly registered proprietors, and every registered user, if any, in writing on Form TM-R of the approaching expiration, at the address of their respective principal place of business in India as entered within the Register, or where the registered proprietor or registered user has no principal place of business in India, at his address for service as entered within the Register. The notice must be sent at a date not but one month, and less than two months before the expiration of the last registration of a trademark.
No notice is, however, required to be sent if a trademark renewal on Form TM-R for renewal of the registration alongside the prescribed fee has been received by the Registrar within that point (Rule 64). Prescribed period within which the appliance is often filed renewal application to renew a trademark registration are often filed within 6 months before the date of its expiration and within a period of one year after expiration of the registered trademark. As stated earlier the appliance must be filed in TM-R by the proprietor. However, just in case the trademark couldn’t be renewed within the above-prescribed deadlines then the Registrar shall remove the trademark from its Register and thereafter the sole remedy available to the proprietor of Registered Trademark to file an application for restoration and renewal of registered trademark.
Removal of the trademark from the Register for non-payment of renewal fees The trademark is often renewed within the allowed period and prescribed manner only, however, if the owner of Registered trademark fails in getting the renewal of trademark then after serving an official notice at the registered address of expiration the Registrar will remove the Registered trademark from its Register. Which can remain open for restoration for a limited period of your time, then the trademark shall be categorized as non-register trademark Restoration and renewal of trademark Where a trademark has been far away from the Register for failure to pay the renewal fee, the Registrar may on receipt of an application in Form TM-R accompanied with prescribed fee (Rs.9000/- as of now). After six months and within one year from the expiration of the last registration of a trademark.
The facility to revive a removed application may be a discretionary power vested with the Registrar of company, wherein he shall be exercising his judgment on the fabric before him. Effect of non-renewal of the registration a trademark isn’t renewed or restored by filing appropriate application and applicable fees, and the Registrar is duty sure to de-register the trademark from its Register. The sole option left before the proprietor shall be to hunt fresh registration by filing a replacement application. The renewal application shall be processed without considering anything of the past.
How to Renew a Trademark:
There are two sorts of Trademark renewal:
- Alteration and alter of sign or logo of the registered trademark.
- Application made with none change of trademark.
The procedure is as follows-
- An application for renewal is formed within the sort of TM-R.
- The application is often filed by either the registered owner of the trademark or an agent authorized by him.
- Filing a renewal application for trademark renews it for an additional 10 years.
- After filing the Trademark Renewal application, it’s vital to see the status of your application periodically until it’s processed by the Registrar.
- The Trademark Journal is a politician gazette of the Trademark registry which governs the appliance status whether it’s accepted or not. If accepted, then it’s advertised within the Trademark Journal. Therefore, the renewal process should begin 3 to six months before the expiry of the trademark.
- Form-18 is employed to file the appliance, with the requisite fees. The appliance is reviewed for quality before it’s finally approved for renewal.
Table Showing Renewal fee of the registered trademark
|TM-R||Application form for renewal of a registered trademark to be used by the registered proprietor||Rs.10,000||Rs.9000|
|Application for renewal with a surcharge of registration of a Trademark||Rs.5000 + Renewal fee||Rs.4500 + Renewal fee|
|TM-18||Affidavit in support of the statement of the case||–||–|