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.

 

 

What is the process for Trade Marks Renewal ?

 

 

Step 1: Generate the enquiry on our website

 

Step 2: Our expert will provide you with the instructions as to how to proceed

 

Step 3: Fill up the checklist of documents and provide necessary documents to us

 

Step 4: We will start the renewal process and provide you with the documents submission receipt.

 

 

What you will receive in Trademark Renewal Package?​​​​​​​

 

1. Expert consultancy​​​​​​​.

 

2. Complete and end to end documentation​​​​​​​.

 

3. Trade Mark Search​​​​​​​.

 

4. Payment of Govt. fees​​​​​​​.

 

5. Certifying and submission of application​​​​​​​.

 

6. Certificate of Registration from TM Registry.

 

 

 

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.

 

 

FAQs

 

1. What is Trademark?

 

"Trademark" is a mark which represents graphically and capable to distinguish the goods or services of a person or a body corporate from those of others that may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs.

 

2. Who can apply for Trademark?

 

Anyone can apply for the Trademark who uses or proposes to use the brand name, mark, or logo for his business purpose. The trademark owner can be an individual, business organization, charitable trust or Government agency.

 

3. What are the Advantages of Trademark Registration?

 

  • It protects your hard earned goodwill;
  • your Name / Brand Name is protected from being used by any other business firm so as to save your proposed customers from being discouraged and misguided;
  • It helps to create your own 'Brand Image';
  • It gives an impression to your customers that your company is selling the best standard Products or providing Services.
  • It grants the exclusive right to the use the trademark in relation to the goods or services in respect of which the trade mark is registered and earn extra income by royalty charges.
  • The owner has power to assign (or transfer) the trademark to others for a handsome price.

 

4. What is the duration of a Trademark?

 

The duration of registered trademark is 10 (Ten) years, and can be renewed for next 10 years. An application for renewal of a trademark can be filed within six months from the date of expiry of the registration of trademark.

 

5. Who can use the 'TM' and ® symbols?

 

Who has filed an application (which is pending registration) can use the symbol of “TM” to alert the public of his / her exclusive claim. The claim may or may not be a valid. The registration symbol ®, shall be used only when the mark is accepted, registered and advertised.

 

6. Do i need to make application for trademark registration outside India?

 

No. Every Country has their own rules and regulations for protection of intellectual property of their Citizens and Business Organizations. Under the TRIPS agreement between India and the W.T.O., if any trademark is registered in India then the same protection will also be considered protected in the Countries which are a member of TRIPS, WTO. There is no such universal law for international protection of domestic trademarks and also there is no such concept of International Trademark or Copyright or Patent in existence.