Renewal of a Trademark
As per section 25 in the Trade Marks Act, 1999, the validity period of trademark in India is for a period of 10 years. The registered trademark can be renewed for another 10 years with proper documentation and guidelines.
Procedure for Trademark Renewal
It is mandatory for the proprietor of the trademark to file a prescribed form [TM-2] , which is an application for renewal before the Registrar. The application can be filed on or before 6 months from the expiry date of the registration.
1 – 3 months before the expiration of the registration, if no application for renewal has been filed, then the Registrar shall send a notice to the proprietor informing him/her of the upcoming renewal date. It’s important to know that no trademark can be removed, if notice of renewal hasn’t been served.
Along with the application for the renewal, the proprietor has to pay renewal fees as prescribed failing to do so will cause the removal of the Trademark from the register.
Consequences of Failure to Renewal of Trademark
Renewal of the trademark is very important. The consequences of not renewing the trademark are serious. In situations where no application for renewal has been filed, or in case no fee for renewal has been paid by the proprietor, the registrar may remove the trademark from the register.
If a company wishes to remove the trademark, the Registrar shall first clear his intention to remove the mark by advertising the notice to remove in the trademark journal. Failing to do so affects not just the proprietor but also all those people who are either assigned or licensed for the trademark. It also affects your legal rights, by not renewing your trademark, and therefore it weakens your legal position. A registered trademark is exclusive. Registration protects you from infringement issues. However, the most important benefit of renewal is that it prevents other people from using your mark.
The Trademark Act is very essential to the woes of the proprietor and therefore provided another chance to renew the trademark within 6 months after the expiry date of registration by a filing prescribed form [TM-10] and by paying the surcharge.
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