Renewal of Trademark Registration

June 24, 2017

 

        As we have a tendency to see India growing leaps and bounds as a destination for commerce, the importance of the trademark is growing. Trademark registration in India is ruled by the Trademark Act of 1999. The trademark, that is the exclusive identity of a business, is issued for an amount of ten years. after this era, it must be revived.

 

The renewal is very important if the brand remains relevant. If not, it might fall to misuse. Let’s take a glance at the trademark renewal method.

 

How to Renew a Trademark

 

To start with, bear in mind that you just ought to begin the method for renewal 3 to 6 months before the expiration of the trademark. The Registrar, after all, can solely inform you regarding the expiration of the trademark terribly about to the last date, and it will take a couple of months to complete the procedure. several corporations, even MNCs, have didn't renew their trademarks on time.

 

A type obtainable, Form-R, is required for the renewal method. the appliance ought to be among the requisite fee that must be paid to renew the trademark. the appliance for trademark renewal is then reviewed for quality before it's finally revived. Once the reviews area unit done, the owner of the trademark is vulnerable to receive a certificate of renewal, so marking his continuing possession.

 

What If The Trademark Expires?

 

Well, if you don’t apply for the renewal of the trademark inside six months once the expiration, there’s still hope, as you'll apply for a restoration.

 

Under Section 25(4) of the Trademark Act, 1999, you'll apply for restoration by submitting an application and paying the prescribed fee. However, this could only be done within one year of the expiration of the trademark.

 

Will this be successful? maybe.

 

The registrar can verify the case, keeping in mind the interest of the affected parties. If such an invitation for restoration is filed, the registrar can then advertise it within the official journal. If there aren't any parties contesting the restoration, then the first owner of the trademark wins back the trademark. If, however, there are objections, the proprietor of the trademark will need to object to an equivalent and fight the case for his trademark.

 

Safest option? It’s an easy procedure of renewal. The crux of the matter is the temporal arrangement. If you file for renewal well inside time, there are no means you'd lose your trademark. to know more please do visit MYCrave Consultancy & Services

 

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