Get confirmation that your trademark has been successfully renewed for another decade. Rely on KNAP Advisory to locate the finest and most devoted legal services team.
Trademarks are graphical representations of the company or person delivering goods or services. According to the Trademark Act of 1999, these marks can be registered with the Trademark Registry Offices.
The trademarks can be registered for ten years. At the request of another party, a trademark may be cancelled after five years of inactivity. The owner of a trademark has the option to renew the mark forever every ten years. The Registrar allows the trademark owner six months prior to the expiration of the ten-year period to renew their trademark and continue to enjoy the awarded rights. The registrar will print an advertisement in the Trademark Journal announcing the termination of a trademark if the owner fails to renew it.
After ten years, if the trademark is not renewed, the owner has the option of restoration, which is the same as renewal but fee will be levied.
Detailed procedure of trademark renewal in India.
There are two different types of renewal:
The renewal process is as follows:
- Renews it for another ten years by completing a renewal application.
Yes, renewal requests can be made within six months of a trademark's expiration date. It can be accomplished by submitting Form TM 12 with the corresponding late fee.
The renewal application can be filed within six months previous to the trademark's expiration date and within six months after the trademark's expiration date, with the appropriate late costs.
The following form is required for the renewal of a trademark.
- TM-R - Application for Renewal/Restoration of Registration of a Trademark or for Payment of the Renewal Surcharge
- TM-18 - This is an affidavit in support of the statement of the case (it is only to be filed when needed by the Registrar in support of a statement of the case supplied pursuant to Section 40(2) or in relation to a request under rule 6).
Trademark restoration is the process of restoring a trademark that was deleted from the TM register for failure to renew within the statutory time frame.
The trademark registration validity period is ten years from the date of approval. The licence must be renewed every ten years.
Yes, applications for trademark renewal can be filed online with the assistance of Professionals.
The application may be submitted by either the trademark owner or an authorised representative. For trademark renewal, it is recommended to get professional assistance and advice.
Failure to renew a trademark within the allotted time frame results in its removal from the register. It will be available for restoration for a brief period before being registered as a non-registered trademark.
By failing to renew a trademark, your legal rights will be affected, so weakening your legal position. To prevent infringements, it is necessary to renew the trademark.
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