Trademarks are used to identify and distinguish the goods and services of one company from that of the other company. Though the trademark does not mention quality and quantity, eventually the trademark may become a symbol of the good or bad quality of products or services produced by the company. Trademarks are also useful in advertising the goods and services produced by the company in an effective manner.
After the registration of a trademark, if the proprietor of the registered trademark wishes to assign the registered trademark upon another party then the proprietor has all the right to do so. However, the registered trademark is valid for a period of 10 years. After the lapse of 10 years, the trademark registration is supposed to be renewed accordingly.
Trademark is valid for a period of 10 years, from the date of registration. For continuation of the trademark, it should be renewed from time to time, in accordance with the provisions of the Trade Mark Act, 1999 and the Rule.
The office will send a prior notice to the registered proprietor of the trademark intimating the approach of the expiry date of the registration of the trademark. This notice is electronically generated from the Trade Mark Automation System (TMAS) and the same is despatched at least a month before the expiry.
An application for trademark Renewal Online in India of the registration of the trademark should be made on the prescribed form and be submitted at the appropriate office or Head Office of the Trade Mark Registry at any time not more than 6 months before the expiration of last renewal of the trademark. However, when the registration of a trademark takes more than 10 years, namely after the first renewal date, the application for the Online Trademark Renewal in India may be made within the period of 6 months from the actual date of registration.
The fee for renewal of registration of trademark in a class before the expiration of the last date of registration is R. 5000. For renewal of registration of the trademark consisting of sires of trademark is Rs.5000 per mark. For Online Trademark Renewal in India in respect of goods and services falling in more than one class then the application fees is Rs. 5000 for each class. For the renewal of registration of collective trademark or certification trademark the renewal fees is Rs. 10000.
There is scope for Trademark Renewal Online in India even the expiration of the last registration, only if in case the application for renewal is filed within 6 months form the expiration of last registration. In such cases the fees for renewal is Rs. 3000.
There are restrictions on the number of times of renewal. The proprietor of the registered trademark may renewal the trademark at any number of times, from time to time. If a mark has become due for renewal and the registered proprietor has not complied with the provisions concerning renewal then the registration lapses.
For smooth assignment of trademark and renewal of trademark, without any hindrance, the help of a law firm like Company Vakil, a law firm which specializes in IP registration, can be sought.