Intellectual Property
Trademark Renewal
Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business can be protected.
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Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business can be protected.
To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application and provide registration under the Trade Mark Act. On registration of a trademark, the R symbol can be used along with the trademark and the registration is valid for a period of 10 years. During registration, in case of infringement of trademark, a suit can be filed to prevent misuse of the mark.
Trademark renewal must be filed 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.
Filing Duniya is the leading business services platform in India, offering a variety of services like company registration, trademark filing, tax registration, tax filing and capital syndication. Fling Duniya can help you renew an existing trademark. The average time taken to draft and file a trademark renewal is about 5 – 10 working days, subject to government processing time and client document submission. Get a free consultation on filing a trademark renewal by scheduling an appointment with an Filing Duniya Advisor.
About Trademark Renewal
What is Trademark Renewal?
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’ve forgotten, as even large organisations tend to do, you will be sent a notice to the registered address regarding the expiry before the 6 months is up. 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.
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.
10 Year Protection
Filing a trademark renewal application extends the protection by another 10 years. Trademark registration are 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.
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.
Timeline
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.
Looking for help?
Let our experts help you
drop us a mail at support@filingduniya.com & or call us at +91-44-42691489 | +91-9940043113
Process
01
Trademark Search
We conduct a thorough search of the TM directory
01
Trademark Search
We conduct a thorough search of the TM directory
01
Trademark Search
We conduct a thorough search of the TM directory
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Trademark Renewal
On receipt of the documents we at Filing Duniya can get the trademark registration process commence in less than a day’s time. As our availability has never been an issue you can feel free to contact us over text messages, emails or call in case of any queries.
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