Trademark Renewal Application

TO THE REGISTRAR OF TRADE MARKS APPLICATION FOR RENEWAL OF REGISTRATION OF A TRADE MARK Registration no. : [registration_number] Mark : [mark] Class(es) : [classes] Registered proprietor: [proprietor_name] [proprietor_address] Registered / last renewed on : [registration_date] Due to expire on : [expiry_date] Sir/Madam, 1. The Applicant is the registered proprietor of the trade mark bearing the above registration number. 2. The Applicant hereby applies for RENEWAL of the registration of the said mark for a further period of TEN YEARS from the date of expiry, under Section 25 of the Trade Marks Act, 1999. 3. The prescribed fee accompanies this application. 4. The Applicant confirms that the mark remains in use in respect of the goods or services for which it is registered, and that the particulars on the register are correct. Place: ______________ Date: [application_date] [proprietor_name] Through [agent_name] AGENT / ATTORNEY ──────────────────────────────────────────────────────────────── DIARISE THE EXPIRY THE DAY YOU REGISTER A trademark registration lasts TEN YEARS and is renewable indefinitely for further ten-year periods. Nothing about that is difficult — marks are lost because nobody was watching the date, not because renewal is hard. THE SEQUENCE AFTER EXPIRY, and the cost rises at each step: BEFORE EXPIRY renew on payment of the prescribed fee. An application may be made in the months leading up to it; there is no advantage in leaving it late. AFTER EXPIRY renewal is still possible on payment of the fee together with a SURCHARGE, within the period allowed. AFTER REMOVAL once the mark has been removed from the register, it must be RESTORED, which is a separate application with its own fee, and it is discretionary rather than a right. THE REGISTRAR IS REQUIRED TO NOTIFY the proprietor before removing a mark for non-renewal — but that notice goes to the ADDRESS ON THE REGISTER. Marks are routinely lost because a company moved, an agent stopped acting, or an email address died, and nobody updated the register. If any of your details have changed, correct them; it is the cheapest insurance available. DURING THE GAP, your position is weaker. A mark removed from the register cannot be enforced as a registered mark, and although rights in an unregistered mark may still be protected by a passing-off action, that is slower, costlier and harder to prove than infringement of a registration. CHECK YOUR CLASSES. Renewal is per registration. If you registered in several classes under separate numbers, each needs renewing, and it is common for one to be overlooked. USE IT OR RISK LOSING IT. Separately from renewal, a registered mark may be removed on application by a third party if it has not been used for a continuous period as prescribed. Renewal does not cure non-use.