Procedure for Renewal of Trademark Registration | Trademark in India


Posted May 8, 2021 by Neail1

India is increasing leaps and bounds as a destination for trade. However, the demand for trademark registration is increasing.

 
Procedure for Renewal of Trademark Registration- India is increasing leaps and bounds as a destination for trade. However, the demand for trademark registration is increasing. Brands also need to be renewed every ten years, so we are going to see a bigger leap in total Brands in existence in India over the two years.
It is preferable for the trademark to be renewed in advance of the expiration of the mark. At least six months prior to being accurate, the trademark renewal application form must be prepared and deposited before the deadline to enjoy the ongoing protection of the trademark without any opportunity for litigation.

In doing so, the trademark renewal extends the trademark extension to another contract. This is done by depositing the TM-12 with a prescribed fee of 4000 rupees. In the event that a person fails to renew the trademark, the mark becomes vulnerable to its removal (although trademark restoration is also possible).
This may sound like nothing at all, but many companies often forget to renew their brands. Recently, Sony forgot to renew the brand to one of its games, bloody, and risking abandoning the brand altogether.
Given the importance of the brand to the brand, innovation is crucial.

* MSME REGISTRATION
Renewal procedures
Trademark renewal applications can be submitted within six months before registration or renewal ends. Before the last registration of a trademark expires, the Registrar sends a notice as a reminder to the owner of the registered trademark regarding the expiration and terms of payment of fees. If the registration is not obtained in accordance with the stipulated conditions, the Registrar can remove the trademark from the Trademark Registry.

If the person has mistaken the deadline for requesting a renewal of the trademark, it can be submitted within six months of the date of the expiry of the registration or renewal, because the case may be in the manner prescribed along with late deposit fees.

The trademark can be renewed in two ways:
1. You can apply renewal to change any mark or word in an existing brand. or
2. You can apply renewal without change.

Renewal process and models
1. The regeneration is applied in the form of TM-12
2. The application can be submitted either by the registered owner of the trademark or an authorized representative of it.
3. It is very important that you seek professional help for a file to renew the trademark application to ensure that the mark is well protected. This is because you may want to extend protection. After all, if your brand has survived ten years, it is likely that you have outperformed the classes you first registered under.
4. Submitting the trademark renewal application extends the protection for another ten years. Trademark registrations are valid for another ten years and must be renewed again before they expire.

Check his condition
After depositing the trademark renewal, it is necessary to periodically check the status of the renewal request until it is processed by the Registrar. Sometimes a renewal of a trademark requires several time-bound measures or a response from the applicant. Therefore, it is important to constantly check the status of the application and take the required action until registration.

Brands Magazine
Trademark Magazine is the official journal of the Trademark Registry. If the trademark auditor rules that the application is accepted, then the trademark is announced in the “Trademark Magazine.” While the application is announced, third parties have an opportunity to oppose the registration of the mark. This process is not required during the renewal of an existing brand.

Renewal is important if the brand is still relevant. If not, it could be due to misuse. Let’s take a look at the brand renewal process.

How to renew a brand
To start, remember that you need to start the renewal process three to six months before the brand ends. The registrant, after all, will only inform you about the expiration of the trademark very close to the last date, and it takes a few months to complete the procedure.

Available form, Form-18, is required for the renewal process. The application must be accompanied by the required fees that must be paid to renew the trademark. Then, the trademark renewal application is reviewed for quality before it is finally renewed. Once the reviews are completed, the trademark owner is responsible for obtaining a renewal certificate, following which is a mark of his ongoing ownership.

What if the trademark expires?
Well, if you are not applying to renew the brand within six months after the expiration date, there is still hope, as you can apply to get it back.

Under Section 25 (4) of the Trademarks Law, 1999, you can apply for restoration by submitting an application and paying the prescribed fees. However, this can only be done within one year of the brand ends.
Will this be successful? Probably.
The Registrar will consider the case, bearing in mind the interest of the affected parties. If this restoration request is submitted, the Registrar shall announce it in the Official Gazette. If no parties go into restoration, then the original owner of the brand wins the brand again. But if there are objections, the trademark owner must object to the same thing and fight the case for his trademark.
Procedure For Renewal Of Trademark Registration
The most secure option? It is a simple procedure for renewal, and the crux of the matter is timing. If you file well to renew well within time, there is no way you could lose your brand.

Frequently asked questions
1. What is the benefit of brand renewal?
Trademark registration is a type of intellectual property protection, in accordance with this word or visual code used by any company to help distinguish its goods or services from other similar goods or services that may arise from those who obtain the protection of various businesses. This benefit will continue if the trademark is renewed.

2. What are the documents required to renew a trademark?
As for filing a trademark renewal application, the following documents must be submitted: a copy of the registration certificate, power of attorney, proof of identity, and address for the applicant and copies of TM-1.

3. Is it possible to deposit a trademark renewal after the registration of the trademark has ended?
Yes, it is possible to renew the trademark at any time within six months of the expiry date of the registration of the previous trademarks by depositing the TM-12 with the late renewal fees prescribed.

Delays of more than six months can be risky and attract additional fees and documents. If the renewal process is not completed within 12 months of the expiration of the trademark, the trademark will be abandoned, that is, removed from the trademark registry.

4. What is the difference between trademark registration and trademark renewal?
Trademark registration is completely different in the documents, procedures, required time, and fees from the renewal process. The trademark is renewed within six months of the completion of the ten-year period. It is simple and easy to handle.

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Issued By LetsComply
Country India
Categories Finance , Law , Legal
Tags trademark in india , trademark registration , trademarks
Last Updated May 8, 2021