How to Renew Your Trademark in India?
Trademark is a unique mark which once gets registered provides exclusive rights of use to the proprietor. A trademark can be anything from a number, name, logo, mark, distinguished design, sound, pattern, signature or a combination of names, letters, numbers, designs, sounds and patters. In India trademarks are registered as per the rules mentioned in TradeMarks Act, 1999. Today we learn here how to renew your trademark in India? Trademark registration is a long and time-consuming process.
As per the Act, trademarks are registered for a maximum period of 10 years at a time. Post expiry of the period the trademark must be renewed for another 10 years. There is no limit on the number of renewals but every renewal happens only for 10 years.
The process of trademark renewal begins 6 months prior to the expiry of 10 years. The Trademarks Office provides a 6-month window to commence the renewal process. It also sends a notice of renewal to the proprietor's registered address. If a proprietor doesn't respond to the notice or doesn't file for renewal then the Office will publish the notice of non-renewal in the TradeMarks Journal. However, this is only done after 12 months of expiry of the trademark.
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Renewal before expiry
TradeMarks Office provides two types of trademark renewal forms. The first one is TM-12 which is filed if the renewal process begins within the last 6 months of expiry of the 10-year period. The form is to be filed by the proprietor with the Registrar along with the prescribed fees of ₹5,000. After verification is done, the trademark will be renewed in the name of the proprietor.
Renewal post expiry
On the other hand, if the process of renewal begins post expiry of 10-year term then the proprietor shall file TM-10 along with fees and surcharge, that is, extra fees which may be as much as ₹3,000. This is called Trademark Restoration process. The form is filed along with TM-13 and TM-48 which stands for condemnation of delay and power of attorney respectively.
The renewal can either be filed online or with any of the 5 Trademarks Offices.
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