I have a client who requires to renew his Trademark which is expired in 2017. Can anyone let me know the steps to renew the same. Even if i get to know the form name from ip india website it will be really helpful.
Replies (9)
Quick Summary
This discussion covers the process for renewing an expired trademark, specifically addressing a client whose trademark expired in 2017. The key steps involve filing form TM-12 with the Intellectual Property India website before the expiration date, along with paying the prescribed renewal fees. The Registrar will send a notice if renewal hasn't been initiated. There's also a debate about whether trademarks should be capitalised or expensed, with arguments presented for both accounting treatments.
Procedure for Trademark Renewal The proprietor of the trademark has to file a prescribed form [TM-12], which is an application for renewal before the Registrar. This application can be filed on or before 6 months from the date of expiration of the registration.
1 – 3 months before the expiration of the registration, if no application for renewal has been filed, then the Registrar shall send a notice to the proprietor informing him of the upcoming renewal date. Keep in mind that no trademark can be removed, if notice of renewal has not been served.
Along with the application for the renewal, the proprietor has to pay renewal fees as prescribed. Failure to pay such fees will cause the removal of the Trademark from the register.
Ok so amortisation is SLM method before it expires and new carrying amount is uploaded. I presume subsequent treatment is capitalised as it isn’t tangible,
I meant is intangible. Where is the economic benefit in this to capitalise? It must be expensed right from the beginning like internally generated goodwill. Mercedes Benz , rolls Royce trademarks don’t mean anything to me. Which gives me comfort I buy that. So why is trademark capitalised? Engine trademark? I doesn’t mean anything to me when I purchase a Ferrari or Bugatti. I need speed and I got me one. Now why is it capitalised?
Similarly, cheetos, Kurkure under trademark ITC and lays trademark dome m an anything to me. I eat interchangeably. So trademarks can be expensed and avail tax benefits more than the amortisation rate,