RENEWAL
In accordance with the provisions of Section 25 of the Trade Marks Act, 1999, a trademark is valid for a period of 10 years. An application for the renewal of the registration of a trademark shall be made in Form TM-R along may be made at any time not more than one year before the expiration of the last registration of the trademark.
A request for renewal of registration of the trademark filed
within the prescribed time is generally allowed unless the trademark has been removed
or canceled or is otherwise not renewable under any of the provisions of the
Act and rules or by any order of the competent court or the Registrar.
REMOVAL
In case no application for renewal of the registration in
the prescribed form together with the specified fee has been received, the
Registrar shall send, not more than six months before the expiration of the 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.
If at the expiration of the registration of a trademark, the
renewal fee has not been paid, the Registrar may remove the trademark from the
register and advertise the fact forthwith in the Journal.
RESTORATION
An application for the restoration of a trademark to the
register and renewal of its registration under sub-section (4) of section 25,
shall be made in Form TM-R within one year from the expiration of the
registration of the trademark accompanied by the prescribed fee. The Registrar
shall, while considering the request for such restoration and renewal have
regard to the interest of other affected persons.