Renewal and Restoration of Trademark
What is Trade Mark?
Trade mark means
- a mark capable of represented graphically and which is capable of distinguishing the goods or services of one person from choose of others and may include shape of goods, their packaging and combination of colors; and
- in relation to a registered trade mark or mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and
- some person having the right as proprietor to use the mark, and in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate to a connection in the course of trade between the goods or services, as the case may be, and
- some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.
Renewal of Trademark
Renewal of trademark can done from time to time for unlimited period on payment of fess to the registrar. Failing to renew the registration of trademark, may become liable for removal of name from Register of Trademark. The term is for a period of ten years.
Procedure for filing renewal application
The person may file, with registrar, request for renewal of trademark before one year from the date of expiry of registration. The renewal application must accompanied by fess as prescribed.
The person can also file the request for renewal of trademark after expiry of registration of trademark. The application must accompanied by fees along with surcharge as prescribed.
Restoration of Trademark
If a trademark has removed from the register of trademarks as failing to file renewal request with requisite fees. Then the proprietor of the said trademark can file an application for the restoration of a trademark
Procedure for filing Restoration application
The trademark can restored by filing application with registrar in prescribed form. It should filed after six months but within one from the date of expiration of the last registration of mark.