POST REGISTRATION REQUIREMENTS FOR TRADEMARKS
Renewal and use of a trademark
It is a legal requirement that a trademark be renewed seven (7) years after registration and thereafter, every fourteen (14) years. The application for renewal of a trademark is made on Form TM. No. 12. An application for renewal (Form TM. No. 12)made after the due date for renewal but within one month after the none renewal is advertised, should be accompaned by Form TM No. 13 and a late renewal fee. Where the fees remain unpaid one month after the advertisement, the mark may be removed from the register. Such mark may nonetheless be restored onto the register upon payment of renewal fees (with Form TM. No. 12) together with a restoration fee accompanying Form TM No. 14.
Further, the Trade Marks Act requires registered trademarks to be put into use. Any aggrieved person can apply to the High Court or the Registrar to have removed from the register, a trademark registered without any bona fide intention to use it in relation to the goods specified and not used up to the date one month before the date of the application.
A trademark can also be removed from the register if it has not been used for a continuous period of five years or longer. A mark is considered to be put in use when it is either affixed to or used in relation to products offered for sale such as promotional activities (advertising) or in any other relevant way.
Compliance with representation registered
A registered proprietor or user of a mark can only be protected in respect of the exact representation registered with the Trade Marks Office. Accordingly, a registered user or proprietor cannot alter the mark at will. Any alteration should be notified and approved by the Trade Marks Office.
Change of address and registered proprietor
Any change in the address or name of the registered proprietor or user of a trademark should be notified to the Trade Marks Office which should alter the Register accordingly. The application for change of trade or business address is made on Form TM. No. 19.
Registration of subsequent proprietor
A subsequent proprietor of a trademark may request the Registrar to register him by completing Form TM No. 17.
Change of description or name of registered proprietor
A registered proprietor may request the Registrar that a change in his description or name be entered on the register by completing Form TM No. 22.
