The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. Renewal of a trademark preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration. For example, a registered trademark has the benefit of legal presumption of ownership. That means that the burden of proof is on others to try and disprove your ownership.
Trademark Renewal Services
There should be proper watch over the trademark rules and regulations ion order to get over with smooth manner. If you fail to get its renewal; then your registered trademark would get open to the world where anyone can be copied or can make use of it without your consent. Trademark can be renewed before or after the expiry of trademark registration application. If you renew before the expiry period then it would be easy to go with all the process; as renewal after the expiry period brings additional fees along with other rules and regulation that somewhere seems hectic and complex on your part. After expiry you will get 6 month of grace period where you can apply for trademark renewal. Simply by filing an application and submitting with required legal forms along with trademark renewal fees you can able to make your trademark alive again. At trademarks; we serve you with the complete trademark renewal services where our attorneys will file an application and also concern the matter with the complete attention.
Consequences of failure to renewal
The consequences of not renewing the trademark are severe. In case no application for renewal has been filed, or in case no fee for renewal has been paid by the proprietor, the Registrar will have to remove the mark from the register. Before removing the trademark, the Registrar shall first advertise his intention to remove the mark by advertising the notice to remove in the trademark journal.
Failure to renew affects not just the proprietor but also all those people who are either assigned or licensed the trademark. It also affects your legal rights, by not renewing your trademark, in effect weakens your legal position. A registered trademark has the benefit of exclusiveness. Registration protects you from infringement claims. However, the most important benefit of renewal is that it deters other people from using your mark
Restoration of Trademark
If in case the renewal period has lapsed and no application was filed prior to the expiration, then the proprietor can apply for restoration of the trademark. However, such an application has to be made after 6 months to 1 year from the date of expiration of such registration. The proprietor has to file TM-13 to request restoration.
After receiving applications to either renew or restore the trademark, the Registrar shall advertise the mark once again and invite objections from people who have reason to believe that the trademark should not be renewed or restored. After the lapse of the prescribed waiting period, if there are no objections raised, then the mark will be entered in the register of trademarks. The entry shall specify that the mark has been renewed for a period of 10 years.