How to get Trademark Renewal?

Re-apply for a trademark once it has expired:

  • Trademarks do not go with unlimited validity and that they ought to be revived time to time. A trademark is valid for ten years, a post which, you’d renew it. This text lays down the fundamentals and can assist you to save your trademark when it has been terminated.
  • For trademark renewal when expired, the owner of the mark will file TM-10 inside half dozen months when expiration and pay a precise quantity of charges for revitalizing the trademark.
  • If the time-lapse of renew is additionally incomprehensible, then the last hope is to file TM-13 inside half dozen months to a most inside a year when expiration to request for restoring the trademark rights.
  • Once the applying is accepted, the owner must advertise a similar within the trademark journal to tell concerning its restoration and invite objections from the folks that would possibly attempt to tamper presently.
  • If there aren’t any objections detected inside the restricted timeframe, then it’s doubtless that your trademark is re-registered and enclosed within the trademark information. It must be mentioned that the trademark is valid just for the tenure of ten years.
  • Trademark Law in the Republic of India is passing through a motivating and progressive part. Trademark registrations in {india|India|Republic of the Republic of India|Bharat|Asian country Asian nation} have inflated over the last decade roughly as India is changing into one the popular destination for business activities. Trademark registration in the Republic of India is regulated by the Trademark Act of 1999. A registered trademark is valid for ten years when the end of that it has to be revived. Before the end of those ten years, the registered trademark owner needs to pay the trademark renewal fees so as to continue the trademark for an additional ten years.
  • However, there could also be times wherever the trademark holder fails to renew the trademark on time. In such a state of affairs, the sole possibility left with the trademark owner is to use for the restoration of the terminated trademark as a result of once the trademark owner fails to pay the renewal fees before the end of ten years then the mark becomes prone to be aloof from the register of a trademark.
  • Procedure for Trademark Renewal of Associate in Nursing terminated Trademark in India:
  • At a date not but one month however no more than 3 months before the expiration of the last registration of the trademark, if the Registrar doesn’t receive any application from the businessman or his approved agent for renewal of the trademark, the Registrar could inform the businessman or his agent the approaching expiration of the mark.
  • If the prescribed trademark renewal fee isn’t paid by the businessman or his approved agent before the expiration of the last registration of the trademark, then the Registrar could take away the mark from the register and advertise therefore within the official journal. But the Registrar shall not take away the mark from the register if Associate in a Nursing application is formed for payment of the renewal fee inside six months when the expiration of the last registration of the trademark underneath Section 25(3) of the Trademark Act, 1999.
  • If no application is filed within six months when the expiration of the last registration of the trademark, then the trademark expires.
  • An application for restoration of the terminated trademark will be filed with the Registrar within one year from the expiration of the last registration of the trademark underneath Section 25(4) of the Trademark Act, 1999 in the midst of the prescribed fee. The Registrar shall whereas consider the request for restoration of the terminated trademark scrutinizes the interest of differently affected persons.
  • Upon the restoration of the terminated trademark, a notice should be sent by the Registrar to businessman concerning such restoration and therefore the same should be publicized within the official Journal.
  • After the ad is formed within the Trademark Journal concerning the restoration of the terminated trademark, the Registrar invitations for objection against restoration. If no such objection is formed then the trademark is rehabilitated within the register for successive ten years. just in case of any objection, the Registrar conducts the hearing and when hearing each the parties it passes a call on whether or not to revive the trademark or not.
  • If someone else applies for registration of the terminated trademark, then the businessman needs to file Associate in nursing objection against the third party WHO has applied for registration of the terminated trademark.
  • Restoration of Associate in nursing terminated trademark protects the businessman from duplicity and allows keeping up the exclusivity of the complete. If the terminated trademark isn’t rehabilitated then the complete release within the market and might be exploited by anyone. Thus, so as to shield the rights of the businessman that area unit hooked up with the trademark, it’s necessary to revive the trademark.
  • In the recently set matter of Union of Republic of India & Ors. v/s Malhotra Book Depot1 by the Old Delhi judicature on the restoration of the trademark of Malhotra Book Depot when twenty-six years of its end, it had been directed by the Hon’ble Court that the Mark of the respondent should be revived.
  • Thus, it will be aforesaid that the Trademark Act, 1999 Associate in Nursing Trademark Rules of 2002 (further amended in 2013) provides the freedom to the businessman of the trademark that even though the trademark has terminated he will file an application for restoration of the terminated trademark for any purpose of your time providing the Registrar has not issued a notice to the businessman in type O3.

Do you have a Trademark? Do a Free Trademark Search before applying.

By |2018-10-25T06:02:47+00:00January 16th, 2017|Categories: Trademark|Tags: , |1 Comment

About the Author:

Himanshu Jain is the founder of LegalRaasta – India's top portal for registration, trademark, return filing and loans. Himanshu is a CFA (US) & MBA (ISB). He has over 8+ years of corporate / consulting experience with top firms like McKinsey