Trademark Renewal/Restoration

Renewal of Trademark

The registration of a trade mark, are for a period of ten years, but may be renewed from time to time. The Registrar shall, on application made by the registered proprietor of a trade mark in Form TM-R along with the fee as prescribed in the first schedule and may be made at any time not more than one year before the expiration of the last registration of the trademark, renew the registration of the trade mark for a period of ten years from the date of expiration of the original registration or of the last renewal of registration. as the case may be.

Notice before Removal of Trademark from Register

In case no application for renewal of the registration has been received, the Registrar shall send, not more than six months before the expiration of registration of the trademark, a notice in Form RG-3 at the address of service informing the registered proprietor of the approaching date of expiration and the conditions, if any, subject to which the renewal of the registration may be obtained and, if at the expiration of the time prescribed in that behalf those conditions have not been duly complied with the Registrar may remove the trade from the register. However, the Registrar shall not remove the trade mark from the register if an application is made with surcharge is paid within six months from the expiration of the last registration of the trade mark and shall renew the registration of the trade mark for a period of ten years.

Restoration of Trademark

Where a trade mark has been removed from the register for non-payment of the prescribed fee, the Registrar shall, after six months and within one year from the expiration of the last registration of the trade mark, on receipt of an application, if satisfied that it is just so to do, restore the trade mark to the register and renew the registration of the trade mark either generally or subject to such conditions or limitations as he thinks fit to impose, for a period of ten years from the expiration of the last registration. The Registrar shall, while considering the request for such restoration and renewal have regard to the interest of other affected persons.

Advertisement of Removal of Trademark from the Register

If at the expiration of registration of a trademark, the renewal fees have not been paid, the Registrar may remove the trademark from the register and advertise the fact forthwith in the Journal.

Notice and Advertisement of Renewal and Restoration

Upon the renewal or restoration and renewal of registration, a notice to that effect shall be sent to the registered proprietor and every registered user and the renewal or restoration and renewal shall be advertised in the Journal.

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One comment on “Trademark Renewal/Restoration

Ashish

Is there any scope of revival of application which was refused or abandoned?

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