Timely trademark renewal is essential for enjoying continuously all the legitimate rights given to the owner of a trademark/service mark by proper registration of the mark in the jurisdiction concerned. Hence, the owners or holders of all registered trademarks and service marks are inevitably required to renew the registration of their respective mark well within the prescribed period, at the domestic or international level. This web-article offers brief but very beneficial information about the trademark renewal in india, and the various processes involved.
Our well-established and internationally admired IPR law firm of Delhi (India) extends all legal services and advisory services related with trademarks and all other categories of intellectual property to serve Indian and foreign people and entities engaged in various economic fields. As far as the legal services for trademarks and service marks are concerned, our trademark lawyers offer expert and efficient services for trademark registration, trademark renewal/restoration, trademark opposition, trademark prosecution for diverse objectives, trademark watch and monitoring, and trademark infringement litigations. These all services are performed at Indian and international levels, based on varying business requirements and priorities of individual company.
Again, in connection with trademark renewals, the services of our veteran and vibrant trademark lawyers cover renewals with all five regional trademark offices of India, and renewals under the treaties and conventions of the TRIPS Agreement, Madrid Protocol, Berne or Paris Convention, and the European Union Trade Marks (EUTM). The lower section deals exclusively with the trademark renewal process and services in entire India, which are performed as per the rules and regulations given in the Trade Marks Act of 1999, and the Trade Marks Rules of 2002, including the amendments made thereto so far.
Trademark Renewal Process and Services
In India, renewal of the first/original registration or the previous registration of a trademark or service mark is due well before the expiration of a ten-year period, counted from the date of its first/previous registration. In case, any such renewal is not made, particularly after six months of the expiration of the first registration/previous renewal, then, the related trademark/service mark will be removed from the Register of Trade Marks, and hence, no rights connected with the mark will then be enjoyable by the owner of the mark. Bringing back the removed trademark to the register of trademarks is termed as restoration of the trademark. Here, only renewal of the previous registration/renewal of a trademark/service mark within a maximum of six months from the expiry date, is described exclusively. The section 25 of the Indian Trade Marks Act of 1999, deals with the renewal and restoration of trademarks and service marks.The following processes are associated with the renewal of a registered trademark in India:
- Receipt of the reminder letter in Form O-3 from the concerned Registrar of Trademarks.
- Completing the renewal Form TM-12, in case of timely renewal of the previous registration
- Filing of the renewal form with the concerned office of trademark registry, together with payment of the prescribed renewal fees (which is at present, Rs.- 5000/-).
- In case of a renewal within six months from the due date of renewal/expiration, Form TM-10 will be filed with the registrar concerned. In this case, an additional fee or surcharge is to be paid.
- Receiving the certificate/evidence of renewal of the specified trademark/service mark.
To receive our trademark related services, including the service for trademark renewal in India and abroad, the interested people or company may just call over: +91-8800-100-281; or send a relevant mail to: Contact@Trademark-Registration-India.com