What is Renewal of Trademark?
Trademark is a distinctive sign which distingue a good or service coming from particular person or enterprise. Trademark registration is one of the types of intellectual property protection, where a word or visual symbol that a business uses to identify its products or services and distinguish it from the similar goods and services coming from different business is protected. To register a trademark an application in prescribed format is filed with the concerned registrar. After getting the application the registrar after processing the application, it is satisfied, registration is provided under Trademark Act. A registered trademark is valid for 10 years, before expiry 10 years, trademark owner needs to pay a renewal fee in order to continue the trademark of next 10 years. If the registered trademark expires it is required to be renewed.
Procedure for Renewal of Trademark
Not less than one month and not more than three months before the expiry of 10 years of trademark registration, if the registrar does not receive any application from the proprietor (or his agent) of a registered trademark for its renewal, the registrar shall intimate the owner about upcoming expiration of the registered trademark.
The proprietor of the trademark or his agent needs to file an application to the registrar for renewal of trademark in the prescribed application form. The application must be filed on or before 6 months from the expiration of the registration. Along with the application, the proprietor needs to pay trademark renewal fee as prescribed. Failure of which will lead to the removal of the trademark from the register of the registrar.
Consequences if Renewal of Trademark Fails
From Renewal of Trademark Fails
- In case of non-filing of application or not paying renewal fee will lead registrar to remove the trademark from the register.
- Before removing the trademark from the register, three registrars will first advertise his intention via notice to remove in trademark journal.
- All the license and assignments of a trademark also expire with the expiry of registration.
In case of renewal period has expired and no application has been submitted the registration expires. However, Trademark Act allows the proprietor of the trademark to file the application between six months to twelve months from the expiration of trademark.
The applicant needs to file the restoration application in the prescribed form with prescribed fee.
After receiving the application for restoration, the registrar will advertise the trademark once again.
The advertisement is given to inviting objection from people who believe that trademark shall not be renewed or restored. If no objection is received from the public within the specified time period the trademark is entered into the register and trademark is registered for next 10 years.