PRACTICE DETAILS
- Lawyer Mr. Shaman Jain
- Skills Intellectual Property Rights, Trademark Registration, Trademark Renewal
- CATEGORY Intellectual Property, Trademark
ABOUT THIS PRACTICE
Trademark enlistment is a kind of licensed innovation assurance, under which a word or visual image utilised by a business to recognise its products or administrations from other comparable merchandise or administrations beginning from an alternate business can be secured. To enlist a trademark, a trademark application must be documented by the candidate with the significant Trade Mark Registrar in the recommended arrange. Once a trademark application is documented, the Trade Marks Registrar would process the application and give enrolment under the Trade Mark Act. On enrolment of a trademark, the R image can be utilised alongside the trademark and the enlistment is substantial for a time of 10 years. Amid enrolment, if there should be an occurrence of encroachment of trademark, a suit can be recorded to counteract abuse of the stamp.
Procedure for Renewal of Trademark
Not less than one month and not more than three months before the expiry of 10 years of trademark registration, if the registrar does not receive any application from the proprietor (or his agent) of a registered trademark for its renewal, the registrar shall intimate the owner about upcoming expiration of the registered trademark.
The proprietor of the trademark or his agent needs to file an application to the registrar for renewal of trademark in the prescribed application form. The application must be filed on or before 6 months from the expiration of the registration. Along with the application, the proprietor needs to pay trademark renewal fee as prescribed. Failure of which will lead to the removal of the trademark from the register of the registrar.
Consequences if Renewal of Trademark Fails
- In case of non-filing of application or not paying renewal fee will lead registrar to remove the trademark from the register..
- Before removing the trademark from the register, three registrars will first advertise his intention via notice to remove in trademark journal.
- All the license and assignments of a trademark also expire with the expiry of registration.
Trademark Restoration
In case of renewal period has expired and no application has been submitted the registration expires. However, Trademark Act allows the proprietor of the trademark to file the application between six months to twelve months from the expiration of trademark.
- The applicant needs to file the restoration application in the prescribed form with prescribed fee.
- After receiving the application for restoration, the registrar will advertise the trademark once again.
- The advertisement is given to inviting objection from people who believe that trademark shall not be renewed or restored. If no objection is received from the public within the specified time period the trademark is entered into the register and trademark is registered for next 10 years.
