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Trademark Renewal

A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business. The trademark symbols, logos, labels, names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems. The validity period of trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria. Let us have a look at the procedures to the renewal and restoration of trademarks in this article.

Duration to renew a Trademark

•The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.

•The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.

•The renewal can also be filed within six months after the date of expiry.

Benefits of Trademark Renewal in India

Protection from Frivolous Litigation

It is possible to have a seamless trademark protection without any chances of litigation. Renewal of trademarks makes impossible for someone to claim rights over it other than the trademark owner.

Brand Name Security

Renewal of trademark promises continuous and unhindered protection of the brand name. Failure of renewal leads to a lapse of legal protection in Brand name.

Extension of Ownership Rights

One can avail protection from infringement of rights over the brand name. The exclusive rights over the trademark are extended for 10 years after each renewal. Hence it provides a permanent protection of your brand and goodwill created by the brand.

Monetary Returns

A trademark owner has the exclusive rights to assign or license the mark to someone else in return of some monetary compensation. Thus, one can make a profit from a registered trademark as well.

How should I select a trademark

  • If it is a word it should be easy to speak, spell and remember.
  • The best trade marks are invented words or coined words.
  • Please avoid selection of a geographical name. No one can have monopoly right on it.
  • Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
  • It is advisable to conduct a market survey and a search at Trademark office to ascertain if same/similar mark is used in market.

Required Documents

Applicant office


Applicant’s / Company Name


Business Type


Business details


Brand/logo/slogan name


Office / Business address

Basic

5499
  • Free Trademark search report
  • Apply for trademark registration in one class and track status
  • Update Status

Standard

6999
  • Apply for trademark registration in one class and track status
  • MSME Registration
  • GST Registration
Popular

Premium

8999
  • MSME Registration
  • GST Registration
  • Apply for trademark registration in one class and track status
  • Free trademark objection Reply file

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FAQ

The person who has registered his trademark can use various benefits, such as registered owners can create, establish and protect their trademark, this person has full rights

Anyone who is claiming to become a proprietor and needs to use the trademark for his/her firm can apply for Trademark registration Online. Legalstartup will help you to get the Trademark registration done in few simple steps.

Trademarks should be easy to speak, spelling as well as easy for everyone to remember. Trademarks should not include geographic names, common or personal aliases. Avoid using big words or words which describe the quality of the product.id.registration

LegalStartup will help you register your trademark with an easy process. Here you do not have to meet an agent, just relax at home and complete the registration process.

No, a foreign trademark cannot be used in India, as a registered Trademark has specific locations where it can be used.

It is not illegal to run the business without registration of Trademark, but it is necessary to protect the Trademark.

It will take 6 months or more for completing the renewal of Trademark.

Visit Legalstartup website and apply for Trademark registration, you will find the easiest and efficient service from us

Yes, few changes are allowed subject to the terms and conditions under Trademark registration.

Yes, it is possible to remove the trademark form the register.

No, Trademark registration is not mandatory in India, but it is advisable that the trademark should be registered to avoid duplication.

The trademark in India is designated as ® (for registered trademark), ™ (Unregistered trademark)

The service mark is similar to the trademark, just the difference is that it defines the service by it.

Yes, foreign owners can apply for trademark registration in India.

Yes, this is possible under Indian Trademark Law where a multi-class application can be filed.

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