IP Renewal
Trademark Renewal Service
- Package NameBasic
- Package Price₹ 25000
- Total GST₹ 0
Overview of Trademark Renewal
Get a notification that your trademark has been renewed successfully for another ten years. Count Compliance For India and find the Finest and most dedicated Compliance For India team in legal services. Yes, Trademark Renewal is at Your Fingertips!
All the trademarks need to be renewed in every ten years. To be exact if possible, at least six months before, the trademark renewal must be filed before the expiry of the registered trademark. The form for trademark renewal application must be prepared and filed before the cut-off date to enjoy the continuous protection of the trademark with no chances of litigation.
Consequently, the trademark renewal encompasses the term of the trademark by another ten years. This is done by filing TM-R with the prescribed fee of Rs. 4000. The mark becomes liable to be removed via trademark restoration. It becomes possible in case where a person fails to renew the trademark. Renewal is very crucial because it gives the importance of the trademark to a registered brand.
Preservation of Rights of a Trademark
Preservation of those rights is only given to a registered mark. He/she shall lose all the protection that comes with the registration if the proprietor fails to renew the trademark. It is essential to note and remember that a registered trademark has the advantage of the legal presumption of ownership. It solely means that the burden of proof is on others to disprove and/or try your ownership.
What are the Benefits of Trademark Renewal?
- Legal Safeguard
You can quickly establish your rights in court only if you believe your registered trademark has been infringed.
- Create a Unique Identity
Registering your trademark is the first ever step toward ensuring your customer's satisfaction to identify your services or products with your brand. After that, the law will then prevent any similar words or slogans from being registered for any other goods or services.
- Create Business Chances
If you want your brand to be succeeded, then a trademark is an intangible asset that can be immensely valuable. Many companies can earn huge money in royalties through licensing agreements or even transfer of ownership to interested or to be involved parties.
- Extension of Ownership Rights
After the renewal of the trademark, over the brand name, one can benefit from violations of his/her rights over the ownership. It provides goodwill created by the brand and the permanent protection of your brand.
- Fewer Chances for Litigation
It is possible to have seamless trademark protection without any chances of litigation if you abide by rules and renew your trademark on a timely basis. Other than the trademark owner, the renewal of trademarks makes it impossible for someone to claim rights over the registered mark.
- Security for Brand Name
Renewal of trademark promises unhindered and continuous protection of the brand name and gives security. Disappointment and failure of renewal leads to a break of legal protection in Brand name.
- Monetary Returns
In return for some monetary compensation, a trademark owner has the exclusive rights to license or assign the registered trademark to someone else. You should take note of it; as a result of this, one can profit from a trademark that is registered as well.
What are the Required Documents For Trademark Renewal?
- Pre-existence of a registered trademark which is possessed by the proprietor/owner (Copy of the Registration certificate)
- The determination and intention for commercial use should be examined for eligibility (Copies of the Proof of same).
- You must make sure that there is no similar trademark by executing a Trademark Search of the well-known and licensed trademark database.
- Power of Attorney to represent the Applicant
- Address proof & Photo ID of the Applicant
- Copy of Application form for trademark registration – Form TM-A
- It is prudent to get a legal opinion for a feasible solution if there is a conflict of the trademark. (Copy of the Proof of Conflicted Trademark)
- Prepare and procure a renewal application and thereby comply with the suitable condition.
What is the Procedure for Trademark Renewal?
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 expiration date of the Trademark Registration. If no application for trademark renewal has been filed, it must be done in one to three months before the expiration of the registration.
After that, the Registrar must send a notice to the proprietor informing him of the upcoming renewal date. If a notice of renewal has not been served, you must keep in mind that no trademark can be removed. The proprietor has to pay trademark renewal fees as prescribed, along with the application for the renewal. Renewal can be done in two ways, those are:-
- Simple Renew the Trademark
- Renew the Trademark with changes/modification and alterationsTM-R form to apply for the renewal of a trademark
- An authorized representative or agent can also make the application. It does not need to be filed by the registered owner of the Trademark itself. Trademark will be published in the official gazette of the Trademark Journal when the application is approved.
- If the renewal process is done physically, the filing for the renewal costs 10,000 rupees. And if done online via e-filing, it charges 9,000 rupees.
- 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.
- Status Check
It is vital to check the renewal application status in regular interval until the Registrar processes it - after filing the application of a trademark renewal. The trademark renewal needs many time-bound actions or responses from the applicant. Therefore, it is important to take the required action until the registration and continually check the status of the application.
- Trademark Journal
The Trademark Journal is known to be an official gazette of the office of the Trademark (Registrar). The Trademark is publicized in the Trademark Journal if the Trademark Examiner administers and affirms that the application is suitable. Third-parties have a chance to oppose the registration of the mark while the application is advertised.
- Trademark Expiration
Here's still hope, as you can apply for a restoration if you don't apply for the renewal of the Trademark within 6 months after the date of expiry. You can apply for restoration by submitting an application and paying the prescribed fee Under Section 25(4) of the Trademark Act, 1999. Though, this can only be done within one year of the expiration of the registered Trademark.
Short Comes of Failure to the Renewal of Trademark
The short comes of not renewing the trademark are incredibly severe. The proprietor has paid no fee for renewal, or in case no application for renewal has been filed, the Registrar may remove the mark from the register. To remove in the trademark journal, the Registrar shall first advertise his intention to remove the mark by advertising the notice before removing the trademark.
Letting-down to renew affects all those who are either assigned or licensed the trademark, and not just the proprietor himself. Not renewing your trademark also affects your legal rights, which, in effect, declines your legal position. It is because; a registered trademark has the advantage of exclusiveness. Nevertheless, the core benefit of renewal is that it discourages other people from using your mark.
The Trademark Act is very understanding as well as sympathetic to the worries of the proprietor. Therefore, they get another chance to renew the trademark within six months by a filing prescribed form [TM-10] along with the additional charges.
General F.A.Q.
Intellectual Property Rights (IPR) are about manifestations of the brain, they are issued to makers of IP, for thoughts which are new and unique, by the respective governments. Nobody can utilize others' Intellectual Property Rights without their authorization. These rights accompany restricted business model and exclusivity.
Intellectual Property is an intangible asset which contains set of rights controlling the ownership, sale of items, any product created by using intellect or creativity such as logo design, literary creation, instrumental composition and machines. By finding some kind of harmony between the interests of pioneers and the more extensive public interest, the IP framework means to cultivate a situation in which creativity and development can prosper.
Infringement is considered as the most common type of intellectual property dispute. Infringement occurs when someone dares to use the intellectual property without legally asking the owner of the property.
Yes, IP rights are regional. It implies that an Indian registration is substantial just in India. For assurance of Intellectual Property in some other nation, one needs to look for protection separately under the important law.
The maker of an Intellectual Property generally owns it.
There are anyway sure exemptions to this standard – for example if IP is made over the span of a specific commissioned project as a rule then it will belong to the commissioning or company.
Patents, designs, trademarks and geographical indications are administered by the Controller General of Patents, Designs and Trademarks which is under the control of the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. Copyright is under the charge of the Ministry of Human Resource Development. The Act on Layout-Design of Integrated Circuits is administered by the Ministry of Telecommunication and Information Technology. Protection of Plant Varieties and Farmers’ Rights Authority, Ministry of Agriculture administers the Act on Plant variety.
Intellectual property includes copyrights, trademarks, patents and trade secrets. Violations could adversely affect your business and even lead to criminal charges and jail time. Avoiding intellectual property violations is a matter of due diligence and best practices around the use of third-party content.
After hustling hard to develop your Intellectual Property (IP), you will need to shield it from others profiting by it without your authorization. The most grounded security originates from enrolling your work. Thusly, you put your case into the general visibility, demoralizing many (however not all) individuals from utilizing your work without consent.
Trademark registration gives you the option to utilize the image, offering authenticity to your claim. An image on your unregistered trademark notifies the general population of your case, however has no genuine legitimate sponsorship.
A patent or temporary patent application gives you the option to utilize the patent pending assignment. This can dishearten numerous individuals from building up an item they won't have the option to use for long.
Registering your copyright saves your right to sue infringers and, if your suit is fruitful, gather harms and lawyer's charges.
Yes. You can register your trademark at the Intellectual Property Office. This will imply that you have elite use to your imprint for the products and ventures indicated in your application.
A design right is the privilege of possession in the presence of the entire, or a piece of an item. Though a patent secures the manner in which an item is fabricated or works, a design right ensures what makes the item look one of a kind.
The proprietor of the design right has the elite option to replicate the plan for business purposes. A design right lasts for 10 years after you first market the article utilizing your design (with a constraint of 15 years from the date you made the plan).
© 2024 All Right Reserved Compliance For India.
🔝