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Registered trademarks have a 10-year validity and can be renewed indefinitely. The Registrar has set a wide window for you to do so, beginning from 6 months before the date of expiry. Even if you forgot, as even large organisations tend to do, you will be sent a notice to your registered address before the date of expiry. If you still do not file for renewal, the registrar may advertise its intention to remove the trademark in the Trade Marks Journal. This is, however, likely to happen only 12 months after the expiry date. Between 6 and 12 months after expiry, trademark registration can be renewed on payment of a fine through a process called ‘restoration’.
If you believe your registered trademark has been infringed, you can easily establish your rights in court.
A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Adidas or McDonald's or Dominos. Businesses can earn huge money in royalties through licensing agreements or even transfer of ownership to interested parties.
You would want your customers to identify your products or services with your brand. Registering your trademark is the first step toward ensuring this. The law would then prevent any similar words or slogans from being registered.
There are two kinds of renewal:
The procedure is as follows-
Form-18 is used to file the application, with the requisite fees. The application is reviewed for quality before it is finally approved for renewal.
The trademark renewal encompasses the term of the Trademark by another ten years.
He/she shall lose all the protection that comes with the registration if the proprietor fails to renew the Trademark.
After the renewal of the Trademark, over the brand name, one can benefit from violations of rights over the ownership. It provides goodwill created by the brand and the permanent protection of your brand.
In return for some monetary compensation, a trademark owner has the proprietary rights, to license, or assign the mark the registered Trademark to someone else. As a result of this, one can profit from a trademark that is registered as well.
The proprietor must apply for renewal before the Registrar of the Trademark in a prescribed form [TM-R] on or before six months from the trademark registration expiration date.
Utilizing the requisite fees, Form-18 is used to apply. The application is reviewed for excellence and quality before it is finally approved for renewal.
Renewal can be done in two ways, those are: - a) Simple Renew the Trademark and b) Renew the Trademark with changes/modification and alterations.
Yes, the Trademark must be publicized in the Trademark Journal if the Trademark Examiner administers that the application is suitable.
Letting-down to renew affects all those who are either assigned or licensed the Trademark and not just the proprietor. Not replacing your Trademark also affects your legal rights, which, in effect, declines your legal position.
Yes. The Trademark Act is very understanding as well as sympathetic to the worries of the proprietor. Therefore, after the date of the expiration of registration by a filing prescribed form [TM-10], they have provided another chance to renew the Trademark within six months by paying the additional charges.