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What is the Renewal of Trademark?
Trademark may be a distinctive sign which distingue an honest or service coming from a particular person or enterprise. Trademark registration is one of the kinds of property protection, where a word or visual symbol that a business uses to spot its products or services and distinguish it from the similar goods and services coming from the different businesses is protected. To register a trademark an application in the prescribed format is filed with the concerned registrar. After getting the appliance the registrar after processing the appliance, it’s satisfied, registration is provided under the Trademark Act. A registered trademark is valid for 10 years, before expiry 10 years, the trademark owner must pay a renewal fee so as to continue the trademark of the next 10 years. If the registered trademark expires it’s required to be renewed.
Procedure for Renewal of Trademark
Not but one month and less than three months before the expiry of 10 years of trademark registration, if the registrar doesn’t receive any application from the proprietor (or his agent) of a registered trademark for its renewal, the registrar shall intimate the owner about the upcoming expiration of the registered trademark.
The proprietor of the trademark or his agent must file an application to the registrar for the renewal of the trademark within the prescribed form. the appliance must be filed on or before 6 months from the expiration of the registration. alongside the appliance, the proprietor must pay the trademark renewal fee as prescribed. Failure of which can cause the removal of the trademark from the register of the registrar.
Consequences if Renewal of Trademark Fails
From Renewal of Trademark Fails
- In case of non-filing of application or not paying renewal fee will lead registrar to get rid of the trademark from the register.
- Before removing the trademark from the register, three registrars will first advertise his intention via a notice to get rid of in the trademark journal.
- All the licenses 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 appliance between six months to 12 months from the expiration of trademark.
The applicant must file the restoration application within the prescribed form with the prescribed fee.
After receiving the appliance for restoration, the registrar will advertise the trademark once more.
The advertisement is given to inviting objections from people that believe that the trademark shall not be renewed or restored. If no objection is received from the general public within the required period of time the trademark is entered into the register and the trademark is registered for the next 10 years.
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