In order to identify the firm or individual who produced the goods and services, trademarks are graphic representations of the mark. These trademarks can be registered with the Trademark Registry Offices under the Trademark Act of 1999. In India, there are five registered trademark registry offices. When a trademark is registered, the owner of the trademark receives special privileges to use it and is legally protected.
Trademarks have a ten-year limitation term, however they can be cancelled at the request of another person. Every ten years, the trademark proprietor has the option to renew the trademark indefinitely. If a person fails to renew a trademark, the registrar will publish an advertisement in the Trademark Journal stating that the trademark will be removed. If the trademark is not renewed after ten years, the person has the option of restoration, which is the same as renewal but with a fine.
Renewal of a trademark has numerous advantages. When a trademark is registered, it grants the owner of the trademark dozens of new legal rights. It prohibits trademark infringement and provides for reimbursement in the event of such violation. When a trademark expires, it enters the public domain and is available for registration by anybody. Due to the fact that the prior trademark owner no longer owns the trademark, he/she has no right to object to the registration of the trademark in question.
If a trademark is withdrawn from the register, the owner can reclaim it by filing TM-10 and TM-13 forms with the required fee within one year of the trademark expiration date.
Before 6 months from the date of expiration
|Govt Fee||Rs. 9,000|
|Goods and Service Tax||Rs. 720|
|Total Cost||Rs. 12,999|
Within 6 months from the date of expiration
|Professional Fee||Rs. 1,270|
|Govt Fee||Rs. 13,500|
|Goods and Service Tax||Rs. 229|
|Total Cost||Rs. 14,999|
After 6 months from the date of expiration and before 1 year
|Professional Fee||Rs. 5,084|
|Govt Fee||Rs. 18,000|
|Goods and Service Tax||Rs. 915|
|Total Cost||Rs. 23,999|
Power of Attorney
It will give our representative permission to file a trademark renewal application on behalf of the owner.
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