Introduction
Trademark renewal means that you have to file an application for renewing your trademark. It means that you have to renew your trademark after every 10 years. Maximum period of on e trademark is 10 years. You have to file the Trademark renewal application before the expiry date and it is good if you do it six months.
The Trademark renewal application should be filed before the expiry date of the mark so you work smoothly.
Procedure
The procedure which has to be followed is given under:
- The application should be filled before the six months.
- Before the expiration of the last registration, the registrar will send a notice for reminding that the trademarked has to be renewed.
- If the registration is not been obtained as per the requirements, then the registrar can cancel the name from the trademark register. If in case you have not renewed the trademark after the expiry date. then as laid down the procedure u have to follow and
- There are two ways of applying for the renewal
- You can apply your renewal if there has to be any changes made. say any sign, symbol or any name
- You can apply renewal without any change.
- The application of Trademark renewal is made in the form of TM-R.
- The application can be made either by the authorized original owner or by any agent.
- It should be done in a professional manner.
- It should be renewed after every 10 years. Because a renewed and registered trademark can last long for 10 years.
- Keep checking regularly the status of your renewal process to get rid of unnecessary litigations.
- Then the trademark is published in the trademark journal. If any third party has any kind of objection then it can be sought out. But this process takes place in restoration.
How to Renew the Trademark?
- You have to fill the application for Trademark renewal before the expiration date of the last trademark. Before six to three months from expiration date.
- Fill the essential requirement of renewal application with the fees.
- It can take months to complete the procedure.
What if you have not renewed your trademark within the time
Under the Sec 25(4) there is a provision given of restoration under the Trademark Act, 1999 by submitting the application and pay the fine as per required. But the limit of restoration will be done within 1 year.
The registrar will see if there are any objections related to the trademark. If there is no such thing then it would be clear that trademark will go to the original owner itself. But if there are claims related to it, then a suit will be filed.
To apply for Trademark Renewal, submit your query here.
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