Trademark renewal It is very important for you to renew the trademark once the date of expiry is approaching; the step should be taken in advance in order to continue protecting your mark or marks. The trademark is come with a validity of 10 years and must be renewed.
A trademark is a weapon in the hand of an owner who has created his/her unique identity in the market or in the eyes of the individuals. Once the trademark of any proprietor or a Company or one can say an Applicant is registered it automatically got all legal rights which he can use to protect his/her ownership. He/she can take all legal actions against such a person who has used or infringed the trade identity without permission of the owner. It can be a logo or wordmark or one can say a symbol that denotes a unique identity distinct from all other. Once the trademark is registered the owner can use the intended trademark while doing the business and if any other person uses it then legal action can be taken by the owner against him. The trademark is denoted through signs ™ and ® where ™ denotes application filed with the registrar and ® denotes that the application has been approved.
In order to register the trademark, an application in TM A form along with the supporting documents is to be filed. The form is to be submitted with the statutory fees. Every application for renewal of trademark must be filed prior to 6 months before expiry to enjoy protection without any worry. The application shall be filed prescribed form along with the same fees as paid while applied for fresh trademark registration. Most of the entities forget to renewal their trademark even after they receive a notice from the trademark authority. If the application for renewal of trademark is not filed then it shall remove from the register of trademarks
PROCEDURE OF TRADEMARK RENEWAL
It is to be noted that the application for renewal of trademark can be done in 2 ways:
- Application for renewal with some changes in the trademark already applied
- Application for renewal of trademark as it is.
Once decided, an application for renewal of trademark shall be filed alongwith the requisite document and statutory fees as applicable in form as may be prescribed under the Law. Once the application is filed the registrar shall take his time before approving the application this can be few months and after satisfying himself that the application is fit and proper shall issue a certificate.
HERE IS THE PROCEDURE FOR FILING OF APPLICATION FOR RENEWAL OF TRADEMARK:
An application for renewal of trademark shall be filed in Form TM-R, the same can be filed by the applicant himself or through authorising someone else. Once registered it again provides protection for a further period of 10 years.
Once the application is filed thereafter it is important to check the status time to time until the application for renewal of trademark processed by the registrar. It is important due to the reason that it may be a case where the registrar asked you for some clarification.
Thereafter once the application for renewal of trademark is considered by approved by the trademark registrar the same shall be advertise in the official gazette of the Trademarks Registry. It is done to provide any third party an opportunity to oppose the registration of the mark
If the application for renewal of trademark is not applied within the due date the same shall again be requested through restoration, the same can be filed in prescribed form alongwith the fees as may be applicable, The validity of restoration of trademark is 1 years from the expiry date.
LetsComply is a full service law firm and is the best platforms for all your Legal, Finance and Taxation needs. Letscomply is one of the leading law firms in India and having team comprises of Corporate Lawyers, Company Secretaries, Chartered Accountants, Cost Accountants, IP Attorneys, and Management Experts with rich experience in their respective filed. We believe in long-term alliances for mutual growth.