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Trademarks are becoming increasingly important in today's world since they protect one's business from potential harm. They are the soul of a firm and should be safeguarded at all costs. According to the definition of a trademark, it is a symbol that allows one enterprise's goods and services to be distinguishable from those of another. In addition to traditional trademarks such as symbols, words, letters, numerals, and drawings, it also covers non-traditional trademarks such as smell, taste, and colour.
Given the extensive protection and usage rights provided solely to the applicant through trademark registration, the firm's renewal is significant. A registered trademark has a ten-year restriction term, after which it can be renewed forever every ten years. Prior to the expiration of ten years, the registrar gives a six-month window in which to submit for renewal of an expired trademark. If the user fails to comply, the trademark will be revoked when a notice is published in the relevant publication.
If you are unfamiliar with the procedure or the legislation, maintaining a trademark in India might be difficult. However, there are several simple procedures you can take to assure the validity and protection of your trademark.
You have the exclusive right to use a trademark in connection to the products or services for which he/she is registered as the owner. This implies that you have the legal right to restrict anyone from using your trademark without your consent.
To keep your trademark registration in India active, you must utilise it in connection with the products or services for which he/she registered. If your trademark is not used for 5 years, it may be withdrawn from the registry.
You may also lose the trademark registration if you permit others to use it without doing anything to prevent them from doing so. As a result, it is important to track the use of the trademark and take appropriate action against anybody who does so without your authorization.
Your trademark is the online identity. It is how people online recognise you & your products or services. As a result, it is critical to select a domain name & web address that accurately reflects your brand.
When choosing a domain name or web address for the brand, bear the following points in mind:
Once you've decided on a domain name or web address for the trademark, you'll need to register it with India's Trademark Office. To keep your trademark alive in India, you will have to renew your trademark registration every 10 years.
To keep your trademark registration alive & breathing in India, you need to renew it before its expiry date. A legitimate trademark is typically valid for ten years. If the owner of a trademark desires to continue receiving the advantages of the registered trademark, they must renew their registration in accordance with the approved method. The trademark can be renewed forever, which means that the owner has the ability to renew their own trademarks after every ten years. There are two options for renewing a trademark registration:
The basic objective of trademarks is to give specific benefits to the owner through trademark renewal. Among the benefits are:
As a business owner, you must take the required precautions to safeguard your company's intellectual property, including trademarks. There are various ways to retain your trademark & keep it in good standing in India.
First, make sure your mark is being used consistently and as a trademark. This includes utilising it to indicate the source of your goods or services rather than as a general phrase. In addition, you should include the appropriate symbols next to the mark to demonstrate that it is registered.
Second, keep an eye out for unlawful third-party usage of your trademark and take appropriate action. This involves writing stop-and-desist letters and, if required, taking legal action.
Third, renew your registration every 10 years to keep it current. This will assist to keep your mark strong and prevent others from claiming rights to it.
The following things are required for trademark registration renewal. These things are as follows:
Form | Purpose | Cost (physical filing) | Cost (e-filing) |
TM-R | Form for renewing a registered trademark for use by the registered owner. | Rs. 1000/- | Rs. 9000/- |
Application for renewal of trademark registration with a surcharge of registration after the existing trademark has expired but within 6 months. | Renewal Fees + Rs. 5000 | Renewal Fees + Rs. 4500 | ==== |
TM-18 | Affidavit in support of the case statement. | ==== | ==== |
The renewal process of Trademark registration follows the following steps:
As per Section 25(4) of the Trademark Act (1999) the idea of restoration. It indicates that if the owner desires to restore a trademark after the specified term for renewing it has expired, he or she can file a restoration application after 120 days but within one year after the expiration date.
The restoration of the trademark offers the proprietor another window of opportunity. If the owner forgets to renew their trademark registration, the registration of the trademark offers another chance. As a result, it is carried out when the proprietor forgets to renew the trademark.
Similar to trademark renewal, trademark restoration offers protection for an additional ten years. In addition to the restoration procedure, the registrar must guarantee that the interests of all impacted parties are considered.
The restoration of the trademark registration, like the renewal criteria, requires specific papers and an application form to be filed with it.
Form | Purpose | Cost (for physical filing) | Cost (for e-filing) |
TM-R | Application for restoration or renewal of trademarks | Rs. 10000+ Renewal Fees | Rs. 9000+ Renewal Fees |
TM-18 | Affidavit in support of the case’s statements | ==== | ==== |
The following documents are necessary for trademark restoration:
When it comes to protecting your trademark in India, there are a few extra factors to consider. To begin, you should understand the distinction between an unregistered and a registered trademark. An unregistered trademark is not the registered one with the Indian government. A registered trademark has been properly registered with the Indian government.
If you have a registered trademark, it must be renewed every 10 years. You can do so by submitting a form to the Trademarks Registry. You can still use an unregistered trademark, but you will not have the same amount of legal security as a registered trademark.
Another consideration is that a trademark may be cancelled if it is not utilised for five years. If you do not utilise a trademark during this period, it may be registered by someone else. You avoid this, be sure to utilise and update your trademark on a regular basis.
Finally, keep in mind that you can only utilise the trademark in relation to the goods & services for which it has been registered. If you wish to utilise your trademark for something else, you must file a new trademark application.
To keep your Trademark alive and breathing you must first learn the legislation on trademark registration in India and ensure that you meet the registration criteria. The trademark register has been flexible enough to provide various options. Even if the proprietor does not renew his trademark, he might apply for restoration. As a result, the owner should make use of the registry's benefits to safeguard their marks from any infringements indefinitely.
Trademarks are an expanding subject in Intellectual Property Rights. The ability of a business's sign or term to be distinguishable from other enterprises is what defines the role of a trademark. The registration of a trademark assures that the owner's brand is protected from any potential damages. As a result, it is recommended to renew & restore the trademark as needed. A trademark is only valid for a term of ten years. If the proprietor is interested, he or she may renew the contract forever for consecutive seasons.
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