Trademark Renewal

Trademark renewal means the extension of the term of trademark protection. A Trademark can be renewed in India from time to time for an unlimited period on payment of the renewal fees , failing which the mark becomes liable to be removed from the register of Trademarks. Each renewal term is for a period of 10 years.

 

BENEFITS OF TRADEMARK

THERE AREA UNIT VARIOUS REIMBURSEMENTS

There area unit various reimbursements to registering a trademark and utilizing the trademark services of a professional. Registering a trademark heightens the protection it receives, deters others from victimization your trademark, and will increase the remedies ought to somebody refuse upon the trademark. Trademark registration is maybe the foremost vital piece of a company’s holding protection program. While not Trademark Registration, an organization depends only upon common law rights within the geographic region during which it uses the trademark.

MOST APPRECIABLY

Most appreciably, while not registration, an arrive might register a mark identical or the same as the company’s mark. This registration by another user might block the event of the company’s use of its trademark in alternative areas or might block the company’s later arrange to register its trademark. That is absolutely a tough pill to swallow for the corporate that might have averted these issues with early registration. If the corporate had registered it before the opposite user, the TMR would have denied the other’s same or bewilderingly comparable trademark. Additionally, the corporate would invariably have rights larger to the arrived, and wouldn’t be blocked in its enlargement plans.

TRADEMARK

A trademark could be an image of cause or quality. It’s usually thought of as a “brand.” It represents the name and goodwill of a business or product. Within us, trademark rights area unit no heritable through the use of a mark on merchandise or services. A trademark could also be registered at the state or federal level; but, registration isn’t essential to own rights in a mark, however, there are separate benefits to having a federal or state registration.

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    IPR

    DOCUMENT REQUIRED

    • Power of Attorney signed by the applicant.
    • A copy of the original trademark registration certificate.
    • A copy of the Form TM 1.
    • ID proof as well as the address proof of the applicant.
    • Letter of Authorization (if an agent is filing the application applicant’s behalf).

    PROCESS

    APPLICATION OF RENEWAL

    An Application Of Renewal Is Made In Form TM-R

    APPLICATION CAN BE FILED

    The Application Can Be Filed By Either Registered Owner Of The Trademark Or An Agent Authorized By Him

    IT IS ADVISABLE

    It Is Advisable If You Take The Help Of Any Professional To File For Renewal Of A Trademark So That Your Trademark Is Well Protected.>

    FILING A RENEWAL APPLICATION

    Filing A Renewal Application For Trademark Gives Your Trademark Wings For Another 10 Years Without Any Disturbance And Again You Must Renew Your Trademark Again Before Expiry.

    FILING THE TRADEMARK RENEWAL

    After Filing The Trademark Renewal Application, It Is Very Important To Check The Status Of Your Application Periodically Until It Is Processed By The Registrar.

    TRADEMARK JOURNAL

    The Trademark Journal Is An Official Gazette Of The Trademark Registry Which Governs The Application Status Whether It Is Accepted Or Not If Accepted Then Advertised In The Trademark Journal.

    PROCEDURE IF THE RENEWAL PERIOD GETS EXPIRED

    If you forgot to renew your trademark in workload, then no worries you can still hope as you can apply for restoration.

    Under section 25(4) of the Trademark Act, 1999 you can apply for restoration by submitting an application and paying the prescribed fee. However, this can be only be done within one year of the expiration of the trademark.

    The registrar will see the cases keeping in mind the interest of the other parties don’t get infringed. After the filing of restoration the registrar will publish it in a journal and if there are no objections from the third party then the owner can get it back.

    FREQUENTLY ASKED QUESTIONS

    After getting the registration in Trademark, your company will be benefited from getting infringed your trademark. The benefits are only being a continuation if the trademark renewed from time to time.

     

    • A copy of the Registration Certificate
    • Power of Attorney
    • An ID and Address Prof of the Applicant
    • Copy of TM-A

    If you forgot to file your trademark renewal, then you can still do the trademark renewal anytime within the period of 6 months after of the expiry of the previous period. Trademark renewal application can be filed with form TM-R with the prescribed renewal late fees.

    The trademark registration is quite different in documentation, procedure, the time required and fees from the renewal process. The trademark renewal is done within 6 months of completing the ten year time period. It is simple and easy to handle.