Become a Govt. Certified GST Practitioner in just 60 hrs. Register Now!

Trademark Renewal

Bhavik (goregaon east oberoi mall.) (22 Points)

21 July 2021

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.

Reply
Follow
Share

9 Replies

CA. Sourav Sarkar (Chartered Accountant ) (24588 Points)
Replied 21 July 2021

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.

2 Like

Upgrade to CAclubindia Pro. Subscribe Now!

yasaswi gomes (My grammar is 💯 good I) (7290 Points)
Replied 21 July 2021

Is this trademark capitalised and what is it used for?

1 Like

CA Rashmi Gandhi (Chartered Accountant) (86461 Points)
Replied 22 July 2021

Trademark is registration of logo and brand name, so that no one else work with your name and brand.

2 Like

yasaswi gomes (My grammar is 💯 good I) (7290 Points)
Replied 22 July 2021

Ok so this is patented and capitalised

1 Like

CA. Sourav Sarkar (Chartered Accountant ) (24588 Points)
Replied 22 July 2021

For renewal of trademark above step may be followed

1 Like

Upgrade to CAclubindia Pro. Subscribe Now!

yasaswi gomes (My grammar is 💯 good I) (7290 Points)
Replied 22 July 2021

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,

yasaswi gomes (My grammar is 💯 good I) (7290 Points)
Replied 22 July 2021

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?

yasaswi gomes (My grammar is 💯 good I) (7290 Points)
Replied 22 July 2021

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,