Trademark Renewal

By Lovely Tokas

             


Lovely Tokas



  Meaning of Trademark renewal

Trademark renewal is the process to renew the trademark timely for enjoying its benefits and giving legal protection to it. Also it is necessary to register the trademark on time so that it should not be removed from the register of trademark known as trademark journal.

 

  Features of Trademark renewal

  Reduction in number of forms

The numbers of forms are reduced from 74 to 8 which help in simplifying the process of filing for trademark renewal and easy way for doing of business.

  E- filing

Upon the renewal of trademark, 10% discount is given on e-filing which is important feature to promote digitization and to go paperless.

  Independent fee structure for different sectors

         Individual/startup/small enterprises fee is Rs. 5,000 for physical filing and Rs. 4,500 for e-filing.

         For others the fee is Rs. 10,000 (physical filing) and Rs. 9,000 for e-filing.

  Trademark journal

         It is an official gazette of the Trade Marks Registry. If the Trademark Examiner finds that the application is acceptable, then trademark is advertised in the Trademark Journal.

    While the application is advertised, third-parties have an opportunity to oppose the registration of the mark. This process is not required while renewing an existing trademark.

 

  Advantages of trademark renewal

1.      Legal protection

         Trademark renewal gives legal protection to it and reduces the chances for the infringement of trademark.

2.      Punishment for infringement

         A person is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and fine of Rs. 50,000 which may extend to Rs. 2 lakh.

3.      10 year protection

         Filing for trademark renewal application extends the benefit of protection by another 10 years.

4.      Use of symbol 'R'

         On registration of trademark, R symbol can be used along with the trademark and the registration is valid for a period of 10 years.

 

  Minimum requirements for Trademark renewal

1.      Application for renewal

An application for trademark renewal is to be made on Form TM-12 at appropriate office or head office of the trademark registry at any time not more than 6 months before the expiration of last registration of the trademark.

2.      Who can apply?

         It can be made by a person, who is the proprietor of the registered trademark or by a person who is duly authorized agent.

       If an application is made by an agent who is not on record, a request for change of address for service of the applicant on Form TM-50 along with the duly executed Power of Attorney in his favour shall also be filed.

         In case renewal is made by some person/entity as a proprietor other than a registered proprietor on record or his agent, then affidavit stating the entitlement of the applicant with all supporting documents is to be filed.

3.      Prescribed fee for renewal

         For the renewal of registration of trade mark in a class before the expiration of last registration - Rs. 5,000/-;

         For the renewal of registration of trade mark consisting of series of trade mark - Rs. 5,000/- per mark;

         For the renewal of registration of trade mark in respect of goods or services falling in more than one class (Multi-class application) - Rs. 5,000/- for each class.

         For the renewal of registration of collective trade mark/ certification trade mark - Rs. 10,000/-.

4.      Renewal after expiration of last registration

       In case the application for renewal is filed within 6 months from the expiration of last registration, the same shall be accepted subject to the payment of a surcharge of Rs. 3,000/- on Form TM-10.

        In case no renewal fee is paid along with the surcharge within six months from the expiration of last registration, the mark becomes liable to be removed from the Register.

       In case no request for the renewal of registration of trade mark has been filed on behalf of the registered proprietor even up to one year after expiration of last registration of the trade mark, the trade mark will be removed from the Register since the date of expiration of its last registration irrespective of the actual date of removal.

5.      Documents required

Following documents are required for Trademark renewal:

         A copy of trademark registration certificate

         Power of Attorney

         ID and address proof

         A copy of TM-1

Hence to give legal protection to trademark it is necessary to follow the above explained procedure and one must keep in mind all the important things while TM


About the Author:

Law Student of K R Mangalam University


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