Trademark renewal protects those rights which are open only to a registered trademark. Read the process of Renewing a Trademark Registration.
Trademark registration in India is valid only for a term of 10 years. It can then be renewed from time to time after that. Trademark renewal protects those rights which are open only to a registered trademark. If the proprietor fails to renew the trademark, all the insurance that comes with the registration shall be forfeited.
Renewal of Trademark Registration
For successive periods of ten years, a registered mark can be renewed. To this end, the licensed proprietor and the prescribed renewal fees payment would have to make an application in the prescribed manner and within the prescribed time. Sub-section (2) of Section 25 allows the registrar to renew the registration for a period of 10 years from the date of expiry of the original registration or, as the case may be, from the date of the last renewal of the registration of a trademark.
The only condition is that the request for renewal on Form TM 12 should be filed with the Registrar, along with the payment of the stipulated fees, within the specified time, that is, within a year of the expiry of the original registration, at the maximum.
The procedure for renewing a trademark in India is as follows:
An application for the renewal of a trademark in India can be submitted within one year of the expiry of the registration/renewal period, given that the renewal fees requested are included in the prescribed form.
An application to renew a trademark in India can also be lodged within six months of the registration/renewal period’s expiry, given that the late renewal fees requested are included in the form mentioned.
- MSME / Start-up / Individual applicants: The official fee for the online filing of renewal for a single trademark in one class is INR 4500 for an MSME or Start-up or individual, while the official fee for the actual filing of an application for renewal for a single trademark in one class is INR 5000 for an MSME or Start-up or individual.
- The company as an applicant: The official fee for the online filing of a company’s renewal of one trademark in one class is INR 9000/-while the official fee for the physical filing of a renewal application for a company’s renewal of one trademark in one class is INR 10,000/—-
Is a trademark renewal application examined in India?
The review of a renewal application is not carried out in India, as it is a matter of law to apply for renewal within the legislative time. Therefore, if a trademark registration has been renewed within the statutory time, by the Indian Trade Marks Act, with the appropriate charge, the Trade Marks Registry shall renew the registration.
There is no need to request any particular application for the renewal of a trademark. However, TM-48 (Power of Attorney) in our attorney’s name is needed if there is a change of attorney.
Consequences of failure to renewal of trademark
The implications of the trademark not being renewed are serious. If no application for renewal has been filed or if the proprietor has not paid a renewal charge, the registrar will remove the mark from the register.
The Registrar shall first declare his intention to withdraw the mark by advertising the notice of removal in the trademark journal before removing the trademark.
Failure to renew affects not only the proprietor but all those persons who have the trademark either assigned or licensed. It also affects your legal rights, which, in essence, weakens your legal status by not renewing your trademark. The advantage of exclusiveness is granted to a registered trademark. Registration prevents you from allegations of infringement. The most significant advantage of renewal, though, is that it prohibits anyone from using your label.
The Trademark Act is quite sympathetic to the proprietor’s woes and has therefore given another opportunity for the trademark to be renewed within 6 months of the expiry date of registration using the specified form [TM-10] and the payment of the surcharge.
Restoration of Trademark
If the renewal period has expired and no application has been filed before the period’s expiry, then the proprietor can apply to restore the label. However, it must make such a request between 6 months and 1 year after the expiry date of such registration. To request restoration, the proprietor has to file a specified form [TM-13].
Upon receipt of applications for the renewal or restoration of a trademark, the Registrar shall, once again, advertise the trademark and invite complaints from individuals who have cause to believe that it should not be renewed or restored. After the expiry of the specified waiting period, if no objection has been raised, shall register the mark in the registry of marks. The registration must show that the mark has been extended for a period of 10 years.
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