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- Drafting and filing of trademark renewal application. For individuals, proprietorships, registered SMEs and registered Startups. Inclusive of government fee and service tax.
A brand name is utilized by a business to recognize its merchandise or administrations from other comparable products or administrations from an alternate business. The brand name images, logos, names, names are spoken to with an “R” toward the end. A brand name can be enrolled under the Trade Marks Act, 1999. The brand name can’t be enlisted on the off chance that it is discovered hostile, non-unmistakable and contains government insignias.
The legitimacy time of brand name in India is for a time of 10 years according to segment 25 in the Trade Marks Act, 1999. The enlisted brand name can be restored for an additional 10 years with appropriate documentation and meeting the necessary rules. Let us examine the methods to the reestablishment and reclamation of brand names in this article.
Renewal of a Trademark
Span to restore a Trademark
- The restoration can be filed within one year preceding the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
- The restoration can be filed within a half year preceding the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
- The restoration can likewise be filed within a half year after the date of expiry.
The accompanying structures must be given to recharging of a Trademark alongside the distributed expense.
Mandatory Notice from the Office of the Registrar of Trademarks
The Office of the Registrar of Trademarks will send a notification a half year before the owner illuminating about the cutoff time for restoration of the brand name. Upon non-recharging of the brand name inside the specified time, the brand name will be taken out from the Register of Trademarks.
In any case, the Trademark can be reestablished by recording an application alongside the necessary charge.
Duration to Restore a Trademark
Trademark can be restored after six months and within one year from the date of expiration of the last registration of the mark.
The following forms must be provided for renewal of a Trademark along with the fee.
|TM-R||Application for renewal with surcharge/ restoration and renewal of a Trademark||Rs.10,000 + Renewal fee||Rs.9000 + Renewal fee|
|TM-18||Affidavit in support of the statement of the case||–||–|
The following members can file the applications for renewal or restoration
- The proprietor of the registered trademark
- An agent associated with the registered trademark