Renewal of Trademark Registration
The validity of trademark registration in India expires after a period of 10 years which is renewed time to time. Renewal of a trademark ensures preservation of rights conferred to a registered mark only. In the case of failure to renew the trademark, the proprietor shall lose all the protection that comes along with registration.
Our charges for this service is Rs. 7,199 /- which includes Rs. 5000 as government filing fee + Rs. 1999 as our professional fee + Rs. 290 (14.5% of professional fee as service tax).
How to Renew Registered Trademark ?
To renew a trademark which is about to expire or which has recently expired an application in the prescribed format along with trademark renewal fee need to be paid to the trademark registrar. Upon receipt of application complete in all aspects the registrar renews the trademark for a further period of ten years. The trademark is the only Intellectual Property of its type which can be renewed for indefinite time.
- To renew a trademark which is about to expire or which has recently expired an application in the prescribed format along with trademark renewal fee need to be paid to the trademark registrar. Upon receipt of application complete in all aspects the registrar renews the trademark for a further period of ten years. The trademark is the only Intellectual Property of its type which can be renewed for indefinite time.
- Amendment of trademark: Where a mark is to be amended without the necessity of an afresh application, the applicant is generally required to file fresh representations of the mark as amended for substitutions in his application. In exceptional cases where the mark is in the colours and the applicant is unable to furnish or would be put to undue expense in supplying representations of the proposed amended mark in the original colours, the applicant is allowed by the registrar to affect the amendments of the mark in most convenient way without altering the identity in the mark.
- Amendment involving change of class: An application for registration of trade mark should state the date or period from which the mark applied for registration has been continuously used in respect of the stated specification of goods. Cases do arise from time to time before the registrar for correcting the mistake in user statement. In all such cases the onus is on the applicant to satisfy the registrar by evidence to make such changes. The correct date of user becomes significant as it affects the rights of parties by reason of priority in adoption of the mark. The practice of the registry is to allow such amendments wherever found justified by way of evidence.
- Amendment involving change of class: The class number in the trademark application is relevant for the fact that it helps in interpretation of the scope of the application, the classification is primarily a matter of administrative convenience, which is also referred as Pigeon holes into which an application can be put. Based on the facts and circumstances of each case the registrar normally allows this kind of amendment.
- Stage at which amendment is applied and its treatment: The amendment in trademark application can be filed before its registration or rejection. Any amendment filed before examination report is issued is considered to be better one. However, if the amendment application is filed after examination report has been issued then the application need a fresh examination by the examiner. Similarly, if the amendment application is filed after the trademark has been advertised then a re-advertisement is required. In case, amendment is moved after a third party opposed the registration then that third party need to be notified about the amendment.