Trademark renewal is the process to renew the trademark timely for enjoying its benefits and giving legal protection to it. Also, it is necessary to register the trademark on time so that it should not be removed from the register of trademark known as trademark journal.
Features of TM renewal
Reduction in number of forms: The numbers of forms are reduced from 74 to 8 which help in simplifying the process of filing for TM renewal and easy way for doing of business.
E-filing: Upon the renewal of trademark, 10% discount is given on e-filing which is important feature to promote digitization and to go paperless.
- Independent fee structure for different sectors: Individual/startup/small enterprises fee is rs 5000 for physical filing and rs 4500 for e-filing. For others is rs 10,000 (physical filing) and Rs. 9000 for e-filing.
- Trademark journal: It is an official gazette of the Trade Marks Registry. If the Trademark Examiner finds that the application is acceptable, then trademark is advertised in the.
While the application is advertised, third-parties have an opportunity to oppose the registration of the mark. This process is not required while renewing an existing trademark.
Advantages of TM renewal
TM renewal gives legal protection to it and reduces the chances for the infringement of trademark.
Punishment for infringement
A person is punishable with imprisonment for a term which shall not be less than six months, but which may extend to three years and fine of rs 50,000 which may extend to rs 2 lakh rupees.
Filing for trademark renewal application extends the benefit of protection by another 10 years.
Use of symbol ‘R’
On registration of trademark, R symbol can be used along with the trademark and the registration is valid for a period of 10 years.
Minimum requirements for TM renewal
Application for renewal
An application for TM renewal is to be made on Form TM-12 at appropriate office or head office of the trademark registry at any time not more than 6 months before the expiration of last registration of the trademark.
Who can apply?
- It can be made by a person who is proprietor of the registered trademark or by a person who is duly authorized agent.
- If application made by agent who is not on record, a request for change of address for service of the applicant on Form TM-50 along with the duly executed Power of Attorney in his favour shall also be filed.
- In case renewal is made by some person/entity as proprietor other than a registered proprietor on record or his agent, then affidavit stating the entitlement of the applicant with all supporting documents is to be filed.
Prescribed fee for renewal
- For the renewal of registration of trade mark in a class before the expiration of last registration – Rs. 5,000/-;
- For the renewal of registration of trade mark consisting of series of trade mark – Rs. 5,000/- per mark;
- For the renewal of registration of trade mark in respect of goods or services falling in more than one class (Multi-class application) – Rs. 5,000/- for each class.
- For the renewal of registration of collective trade mark/ certification trade mark – Rs. 10,000/-.
Renewal after expiration of last registration
- In case the application for renewal is filed within 6 months from the expiration of last registration, the same shall be accepted subject to payment of a surcharge of Rs. 3,000/- on Form TM-10.
- In case no renewal fee is paid along with the surcharge within six months from the expiration of last registration, the mark becomes liable to be removed from register.
- If case no request for the renewal of registration of trade mark has been filed on behalf of the registered proprietor even up to one year after expiration of last registration of the trade mark, the trade mark will be removed from the Register since the date of expiration of its last registration irrespective of the actual date of removal.
Following documents are required for TM renewal:
- A Copy of trademark registration certificate
- Power of attorney
- ID and address proof
- A Copy of TM-1
Hence to give legal protection to trademark it is necessary to follow the above explained procedure and one must keep in mind all the important things while TM renewal.
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