TRADEMARK RENEWAL

 

Basic Concept

 

On registration of a trademark, its symbol can be used along with the trademark and the registration is valid for a period of 10 years.

Trademark renewal must be filed just before expiry of the mark. The Trademark Renewal Application Form must be prepared and filed before deadline to enjoy seamless protection of the trademark without any chances of litigation.

LEGALRAJ will help you renewal of an existing trademark. The average time taken to draft and file a trademark renewal application is about 5 – 7 working days, subject to government processing time and submission of documents by the client. During registration period, in case of infringement of trademark, a suit can be filed to prevent misuse of the mark.

 

Important Aspects of Renewing Trademark

 

1. Professional handling: It's important that a professional file for the renewal of a Trademark Application to ensure that the mark is properly protected. An experienced professional can help significantly improve chances of successful trademark renewal by filing a Application and addressing all the aspects of Trademark Act.

 

2. Timeline: After Post filing of a trademark renewal, it is important to periodically check the status of the trademark renewal application until its processing on the Government side. Trademark renewal sometimes requires various time-bound response or action from the applicant. Hence, it's important to continually check the status of the application and take required action until registration.

 

3. 10 Year Protection: Filing a trademark renewal application extends the protection by another 10 years. Trademark registration is valid for a period of 10 years and must be renewed before expiry. Our professionals can ensure your trademark is renewed and protection for the mark is extended as per the Trade Mark Act of India.

 

4. Trademark Journal: Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the application is acceptable, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark. This process is not required while renewing an existing trademark.

 

5. Trademark Infringement: Trademark Act provides legal protection for all registered trademarks. Legal remedy is available in case of infringement by any person or entity. A person is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees for trademark infringement.

 

How we help with replying to trademark Renewal

 

1. Consultation: LEGALRAJ Trademark Expert would determine the details of registration for which renewal application must be filed.

 

2. Preparation and filing of Application: Trademark Renewal Application is prepared and filed with the Trademark Registry and the processing of the application is tracked.​​​​​​