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A trademark is a sign, symbol, word, or words registered or legalized for the use of representation of a company’s product or services. Hence, any tamper or illegal use of this trademark by any other company it does not belong to, gives the authorized company the right to legal action – making trademark of a company the most important feature of its existence.
Once a company is formed, it must register its trademark with the Registrar, which is valid for ten years only. Therefore, to retain its trademark rights after the ten years of validity, the company must renew it from time to time. Trademark renewal will help in the preservation of right and all the protection that comes with it.
Trademark renewal process must begin six months before the expiration of the validation period. If the company has not applied for the renewal process, the Registrar will send the company a notice 1-3 months before the expiration date. The company that fails to apply for the renewal process with the renewal fees within this period or until after the expiry, will lose its trademark and bear the adverse effects.
If the period to renew the trademark registration has lapsed, then the company can apply for the restoration of the trademark. However, this restoration application has to be made six months to one year from the expiration date.
Requirements of trademark restoration
- Form TM-12: This application is filled when the renewal process is within the timeline. There will be no surcharge fee required.
- Form TM-10: This application is filled when the renewal process is carried within the six months before the expiration date. A renewal fees is applicable in this case.
- Form TM-13: This application is filled when the trademark is removed from the register of trademarks. The renewal and restoration process will take place six months to one year after the expiration date of registration and both renewal and restoration fees is levied to the applicant.
Frequently Asked Question
The renewal of trademark extends the validity of right and protection over trademark for another ten years. To extend its validity further, the company will have to follow the renewal process at least six months prior to its expiration date.
The following effects may take place if you fail to renew the trademark:
- The Registrar will remove the trademark from the register of trademarks, making it available to any use by any company.
- It affects the legal rights and exclusivity, making the owner vulnerable to any violation
- A company is no longer protected by infringement claims