What Next?
After Filing a Trademark
-Ganapatheeswaran,PVS Giridhar & Sai Associates
Is it almost time to renew your
registered trademark, but you're unsure of what paperwork to fill out? This
short article on renewal of trademarks would help you to understand the process
from start to finish, making it easy to get it done on your own, without the
help of a lawyer.
The rights vested
by a registered trademark can be perpetual, provided the trademark is renewed
as prescribed. The term of a trademark on lapse makes it susceptible to
infringement and other activities that may prove threatening to a product/brand
and its existence. It is therefore highly important to monitor your trademark
and keep renewing at the Trademark Registry in India to make the most of your
mark, while diminishing the chances of your brand space to be ridden over.
After filing the
trademark one have to renew their application on or before 10 years from the
date of registration. The 10 year period of registration is reckoned from the
date of making of the application [section 23(1)], which is deemed to be the
date of registration.
Under rule 63 an
application for renewal is to be made in form TM-12 “at any time not more than
six months before the expiration of the last registration of the trade mark”.
This would imply that form TM-12 is not entertainable if filed six months
before the renewal date. Fee for filing TM-12 is Rs.5000/- for each class. If
it is a collective mark/certification mark then the fee payable is Rs.20,000/-.
Proviso to
sub-section (3) of section 25 enables the registered proprietor to get the
registration renewed for a period of 10 years, on an application made in the
prescribed form (TM-10) and payment of prescribed fee and surcharge within six
months from the expiration of last registration. The fee payable is Rs.3000/-
per class in addition to the fee payable with TM-12.