The trademark is rational thought and over that, it is an important intellectual property. The demand and space for trademark registration are increasing leaps and bound to reach the market. Likely, Each trademark has to be renewing for every 10years as per section 25 in the Trademark Act, 1999. Thus each owner of the mark should apply for trademark registration in 6 months before the expiry. The trademark registration renewal is applicable only before the deadline of the application starts. Then only you can able to protect the mark without any of the hearing processes.
The renewal should process with proper documentation and meeting on the required criteria of classes. Similarly, The proprietor is liable to eradicate the mark In case if he fails to renew the trademark. Filing the TM-12 requires Rs.4000 and the renewal extends the term by another decade. Additionally, Most of the companies often fail to remember renew the trademarks.
Let us take an example. Sony, you all knew about the Sony Products. Sony is one of the world-class company in Japan. The company’s root has grown to multinational levels. Likewise, It is define as a profitable company for more than 60 years. Unfortunately, Sony forgets to renew the trademark to one of its game, Bloodborne. Bloodborne is the most dangerous game. It is an exceptional game for both newcomers and longtime fans. But the trademark for Bloodborne is relinquishes entirely.
From here we can attain how important a trademark and its renewal. The renewal is crucial as the registration.
Trademark Registration Renewal
Before the expiry of the trademark, the registrar will send a notice to the proprietor regarding the renewal and payment of the fees. If the registration is not getting hold well, then the registrar has the power to remove the mark from the trademark register. If the proprietor failed to apply for the renewal application, then he can approach the renewal within six months after the expiry date. This application may happen along with the late filing fees in a prescribed manner.
The renewal of application in two ways,
- You can apply for the renewal of words or sign in the existing trademark.
- You can apply for the renewal for the existing one without adding any changes to it.
The renewal can get in 3 ways.
The proprietor can apply the trademark renewal application within one year of expiry date as per the rule 57 and 58 of trademark Rule, 2017.
Also, the renewal copy can file within 6 months expiry date as per rules 63 and 64 in trademark Rule, 2002.
The renewal can file within 6 months after the date of expiry.
Click here to renew a trademark Registration
The Forms Required for the Trademark Registration Renewal
The application for the trademark Renewal is making in the form TM-12.
The application can renew by the two persons. The registered proprietor of the brand or the agent authorized by the proprietor.
To protect the mark it is really important to approach a dedicated professional to file the renewal application. This is mainly to strengthen protection.
If your mark is sustaining over 10 years it shows that the classes are outgrown you are registering it under.
The trademark is normally valid for 10 years and it must renew again before the expiry.
The TM-R is the application form for the renewal of the mark using by the registered owner. It costs 10,000 for the manual filing and for E-filing it costs Rs.9000. The application for the renewal with sub charge is imposing as 5000+ renewal fee and if we are applying as e-filing it will cost 4500 with the renewal fee. The TM-18 is the affidavit for the statement of any case if any situation occurs.
The renewal Process contains 2 processes. Checking the Trademark Status and the Journal
After the trademark application filing, it is vital to check the status of the renewed application continuously by the registrar. The trademark renewal sometimes requires frequent actions from the Applicant. Thus the status checking is really important after the renewal and the registrar should take necessary actions until they get approved.
The trademark Journal
In the trademark registry, the trademark journal is an official gazette. When the trademark examiner governs the application is relevant then the mark advertise in the Trademark Journal. After the advertisement, the opposite groups can oppose the mark. This process is not applicable in the renewal of the trademark registration. The brand must be relevant, and then only we can apply for the renewal application. If it not it could fall into misuse. If in case of any objection the registrar conducts the hearing. After the hearing process, both parties pass a decision on the restoration of the trademark.
The trademark is intellectual property, under the trademark the word or a visual symbol using by the business to categorize goods and services from other services. The trademark used to protect the business’s credibility. The benefit continues as long as the trademark get to renew. If some another person applied for the trademark then the original proprietor has the right to file an objection against the application. The renewal of the trademark enables protection against the duplicity and maintains brand credibility. If the trademark is not renewing the brand as well as the business gets exploit by anyone. Thus in order to maintain the right of the proprietor, it is mandatory to renew the mark as soon as possible.
An important intellectual property is a Trademark. The trademark laws are passing through a remarkable phase. The trademark registration in Coimbatore is increasing day by day from the last year. Thus India is becoming one of the preferred destinations of economic and commercial activities. The trademark formation is introduce in India by the Act of 1999. If you want to register or renew your trademark, make it fast. Our dedicated professionals are here to handhold through each of your registration processes. We assure 100% reliable and hassle-free services to build the credibility of your brand.