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Trademark And Process of Renewal of Trademark

What is a Trademark?

A trademark (also written trade mark or trade-mark) could be a form of belongings consisting of a recognizable sign, design, or expression which identifies products or services of a selected source from those of others, although trademarks accustomed to identifying services are usually called service marks. The trademark owner will be a personal,business organization, or any legal entity.

A trademark is also located on a package, a label, a voucher, or on the merchandise itself. For the sake of corporate identity, trademarks are often displayed on company buildings. it's legally recognized as a kind of property.

Why is trademark renewal important?

The trademark renewal ensures that each one the rights associated with the trademark get extended for some more years. Just in case the owner fails to renew his or her mark, once the validity expires, the trademark will now not be valid. Therefore, the owner won't have any protection that comes with the trademark registration.

Need for renewal of Trademark

There are many advantages to renewing a trademark. Registration of the trademark awards the holder of the trademark many rights that are protected by law. It prevents the infringement of the trademark and also provides for restitution just in case of such infringements. It also allows the holder the proper to transfer the trademark to a different person or company at their will.

Licensing of trademarks is only possible if the holder of the trademark has registered the trademark, therefore a registered trademark holds immense value. a way to renew a Trademark A registered trademark is merely valid for 10 years, after which it must be renewed. The registrar of trademarks will send you a letter of reminder of the expiry of the trademark 6 months before its expiry.

Once you are visiting renew a trademark you have got two options:

  • Renew the trademark as it is
  • Renew the trademark with changes and alterations
  • The application for the renewal of a trademark is that the form �-R.
The application doesn't need to be filed by the registered owner of the trademark, it is done by an authorised representative or an agent.

After filing the appliance one needs to follow the status of the appliance just in case any opposition is filed to the registration of the trademark. Such opposition will be filed by anyone of the general public. When the appliance is approved the trademark is going to be published within the official gazette the Trademark Journal. If the trademark has been published then the owner of the trademark has protection for an additional ten years. The trademark is indefinitely renewed.

The price for the renewal of a trademark depends upon whether it's been one in-person physically or it's been done online.

If done physically the filing for the renewal costs 10,000 rupees

If done online via e-filing it costs 9,000 rupees

For the renewal of a trademark, the subsequent are required:

  • A copy of the registration certificate
  • Copy of form �-A (form used for the first application for registering the trademark)
  • ID and address proof of the applicant
  • Power of attorney if the applicant is an authorised representative or an agent

Restoration of Trademark

There may be times that an individual forgets to renew their trademark within the given fundamental measure. No worries there's still an option available in such cases. within the case of failure to renew one can then try and restore a trademark. Restoration of a trademark is allowed by the Trademark Act, 1999 under Section25 (4) where it allows persons to use for the restoration of the trademark. Restoration can only be done within one year of the expiry of the registered trademark. Restoration of a trademark includes a further fee over the renewal fee of:
  • 10,000 rupees if done by someone physically,
  • or an extra 9000 rupees if done online.

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