Procedure for Renewal of an Expired Trademark

By coingeto

Posted on June 6, 2018

The trademark registration can be done on any conspicuous design, sign, or expression. It distinguishes item or administrations of a specific source. Be that as it may, trademark use to distinguish the services are known as the service mark. It is an expression or image that means a particular item so as to lawfully separate it from every other item. The essential thought process of the trademark registration is to distinguish the products and ventures of a particular organization and furthermore give the acknowledgment to the organization of a brand. Trademark registration can be done on the followings

• Business name
• Distinctive catchphrases
• Taglines
• Logo
• Captions, etc.

The validity of registered trademark is for 10 years. After the completion of the 10 years, the trademark owner has to renew the trademark for another 10 years. Trademark increase the scope of the protection.

Renewal of the expired Trademark

• Trademark owner can renew his trademark before 6 months of the expiration the expiration of the trademark.
• Trademark owner has to send the application to the registrar in order to renew the trademark. If registrar will not receive any application then registrar may notify the proprietor about the expiration of the marl.
• The trademark owner has to pay the prescribed fees for the renewal of the trademark before the expiration of the trademark.
• The registrar will not remove the mark from the register if he receives the renewal fees within six months after the expiration of the last trademark registration.
• If the trademark owner fails to pay the renewal fees with an application the registrar may remove the mark from the register and advertise the same in the official journal.
• Trademark application renewal extends the protection of the mark for next 10 years.

Ways to renew the Trademark

There are two ways to renew the trademark

• Renewal to make any change in the word or sign which is already in existence, and
• Renewal without a change

Process and Forms of Renewal

• The renewal application is made in form ™-12
• The application can be made by

1. The registered owner of the trademark, or
2. An agent authorized by him

• The trademark applicant can also take help from the professional in order to file renewal application of the trademark.
• Form- 18, is needed for the renewal process.
• Renewal is done by filing ™-12 with the prescribed renewal fee of INR 400.
• Applicant needs to file the application with the prescribed fees in order to renew the Trademark.
• The application will be reviewed for the quality before the final renewation.
• Once the application is reviewed the owner of the trademark is liable to receive a certificate of renewal. Thereafter, the owner of the trademark can continue his ownership for next 10 years.

Trademark Renewal Status

• Trademark application renewal status tell about the trademark is renewed or not. If not then how much time will it take and other necessary steps?
• After filing the renewal application it is important to check the check the status of the application.
• It is important to check because sometimes it requires numerous response from the applicant.

Trademark Journal

• It is an official gazette of the Trademark Registry.
• If the trademark application is acceptable than the registrar will advertise the trademark in the Trademark Journal.
• After the application is advertised any third party have the right to raise an objection to the trademark registration. However, at the time of renewing an existing trademark, this process is not needed.

Restoration of Trademark

• An applicant also applies for restoration even if don’t apply within six months after the expiry of the trademark.
• An applicant can apply for the restoration by submitting an application along with the prescribed fee.
• However, it can be done within a year after the expiration of Trademark registration.

Documents Required for Trademark Renewal

• Copy of the registration certificate
• Power of Attorney
• Identity Proof of the applicant
• Address Proof of the applicant, and
• The copy of ™-1.

Procedure for Renewal of an Expired Trademark