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Trademark renewal is extending the period of registration of a trademark for 10 more years. Trademark registration is valid only for a period of 10 years, it can be renewed from time to time for an unlimited period. Trademark registration can be renewed by filing an application for renewal in the prescribed form with prescribed fee. If on or before 6 months from the date expiry of registration application for renewal is not filed with the prescribed fee the mark can be removed from the register of Trademark. Once a trademark is registered the ‘R’ symbol can be used with the mark. If any infringement happens during the period of registration a suit can be filed to prevent the misuse.
Trademark Renewal can be done in two ways:
- Renewal to change any sign or word of an existing trademark.
- Renewal without any change.
Key Points while Renewing a Trademark
- Filing of application: Application for renewal of trademark registration shall be filed very professionally. While filing the renewal application make sure that the mark is well protected and address all the aspects of the Trademark Act.
- Trademark Protection: Once trademark application for renewal of trademark has filed the mark is protected for 10 years. And it can be renewed for n no. of times.
- Application status check: After filing the application, it is very important to check the status at a regular interval until registration. As renewal application require replies of various queries raised by the department.
- Advertisement in trademark Journal: Trademark Journal is an official gazette which publishes trademark entries. Once trademark examiner is satisfied with the application filed, the applied trademark is advertised in the trademark journal.
- Trademark Infringement: In case of any infringement of trademark, trademark act provides for a legal remedy. The person who commits infringement of a trademark is punishable with imprisonment for a period not less than 6 months, which may extend to 3 years and with a fine, not less than 50 thousand which may extend up-to 2 lakh rupees.
Procedure of Trademark Renewal
The proprietor of a trademark or his authorized representative needs to file an application for renewal of trademark in the prescribed form with the prescribed fee before the Registrar. The application can be filed on or 6 months before the expiry date of registration.
Not less than 1 months and not more than 3 months before the date of expiry of registration, if the concerned registrar does not receive an application for renewal of trademark, he shall send a notice to the proprietor of a trademark to intimate him about the upcoming event of the renewal of his trademark.
No trademark shall be removed from the register of the trademark if notice of renewal has not been sent to the proprietor.
If after receiving the notice or before the expiry date of trademark registration, no application for renewal of trademark is filed, the mark is eligible for removal from the register of a concerned registrar of a trademark.
Failure to the renewal of Trademark
- If no application for renewal of trademark is filed, the mark can be removed from the register of a trademark.
- Failure to renewal also leads to cancellation of all the license and assignments given by the proprietor to any person.
- It affects the legal rights of a proprietor. Once the registration expires, the proprietor is in no position to protect the mark.
- Trademark registration provides the benefit of exclusiveness. Registration protects you from an infringement claim. And deter people from using your mark. Failure to repeal also takes away all these rights.
Trademark Act provides another chance of a renewal of trademark after the expiry of the trademark. The proprietor needs to file the application for renewal in a prescribed form and by paying a surcharge, within a period of 6 months from the expiry of registration.
Restoration of Trademark
If the application for renewal of trademark has not been filed within the prescribed period the registration expires. In case of expiration, if the proprietor of trademark wants to restore the trademark, he needs to file the application for restoration in the prescribed form with the prescribed fee, between 6 months to 1 year from the date expiration.
On receiving the application for restoration the examiner will check the form and ask for a reply if required any. After being satisfied, the examiner will publish an advertisement in the trademark journal. The advertisement is an invitation to the public for objection on a trademark. If no objection is received within the stipulated period, the trademark is entered in the register.
The entry in the register shall specify that the trademark has been renewed/restored for a period of 10 years.