Very imp

pls reply

pls

Study TM law and read the opposition procedure on non renewal consequences.

Dear Abhilasha,

The term of a trademark registration is for a period of ten years. The renewal is possible for further period of 10 years each. Unlike patents, copyrights or industrial design trademark rights can last indefinitely if the owner continues to use the mark. However, if a registered trademark is not renewed, it is liable to be removed from the register.

Further to I wish to bring to your attention

Notice before removal of trade mark from register -(1) At a date not less than one month and not more than three months before the expiration of the last registration of a trade mark, if no application in Form TM-12 for renewal of the registration together with the prescribed fee has been received, the Registrar shall notify the registered proprietor or in the case of a jointly registered trade mark each of the joint registered proprietors and each registered user, if any, in writing in Form O-3 of the approaching expiration at the address of their respective principal places of business in India as entered in the register or where such registered proprietor or registered user has no principal place of business in India at his address for service in India entered in the Register.

(2) Where, in the case of a mark the registration of which (by reference to the date of application for registration) becomes due for renewal, the mark is registered at any time within six months before the date on which renewal is due, the registration may be renewed by the payment of the renewal fee within six months after the actual date of registration and where the renewal fee is not paid within that period the Registrar shall subject to rule 66, remove the mark from the register.

(3) Where, in the case of a mark the registration of which (by reference to the date of application for registration) becomes due for renewal, the mark is registered after the date of renewal, the registration may be renewed by the payment of the renewal fee within six months of the actual date of registration and where the renewal fee is not paid within that period the Registrar shall, subject to rule 66, remove the mark from the register.

(4) The renewal of registration of a collective mark or a certification trade mark shall be in Form TM-12 with the prescribed fee specified in the First Schedule.

Advertisement of removal of trade mark from the register. – If at the expiration of last registration of a trade mark, the renewal fees has not been paid, the Registrar may remove the trade mark from the register and advertise the fact forthwith in the Journal:

Provided that the Registrar shall not remove the trade mark from the register if an application is made for payment of surcharge under proviso to sub-section (3) of section 25 in Form TM-10 within six months from the expiration of the last registration of the trade mark.

Restoration and renewal of registration. – An application for the restoration of a trade mark to the register and renewal of its registration under sub-section (4) of section 25, shall be made in Form TM-13 within one year from the expiration of the last registration of the trade mark 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.

Notice and advertisement of renewal and restoration. – Upon the renewal or restoration and renewal of registration, a notice to that effect shall be sent to the registered proprietor and every registered user and the renewal or restoration and renewal shall be advertised in the Journal.

Kindly check if the following was done with the TM registry or not and the duration within which the same TM was granted to another. If it is not in parlance of the above, you can challenge the issuance of TM of your company to the other under same classifcation and seek stay to usage of TM till disposal of appeal.

I hope this calrifies your query. In case of any further assistance, feel free to communicate.

Under the trademark law prior user has a better right than prior registration.Hence  if you have been using the trademark but forgot to renew it then also your right to the trademark exists.As in the present case if you had filed a fresh application and it is opposed by a person who had registered it in the meantime when your mark has expired you can defend your case by proving that you have prior use and registration.Even if you had not  previouslyregistered your trademark you have a right under common law because of prior use.Your application will proceed to registration.

T.R.Subramanian