What is a trademark?
Trademark registration in India has graphically depicted marks that aid in identifying the company or individual who created the goods or services. These trademarks can be enlisted with the trademark registry offices beneath the Trademark Act of 1999.
Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad are five trademark registry offices in India. When a trademark is registered, the owner of the trademark registration in India receives specific rights to use it and is legally protected from others infringing on those rights. A ten-year limitation period applies to registered trademarks. If a trademark has not been for five years, it may be terminated at the request of a third party.
Every ten years, the trademark registration India proprietor has the option to renew the trademark registration India indefinitely. Before the 10-year period expires, the registrar gives the trademark owner a six-month window to renew their mark and keep the rights that have been awarded. If a person is unable to renew a trademark, the registrar will publish an ad in the trademark, and the registrar will publish ads in the trademark journal saying that the trademark will be removed. After ten years, if the trademark is not renewed, the owner has the option of restoration, which is similar to renewal but comes with a fee.
Why Is It Necessary To Renew The Trademark?
Renewal of a trademark has favorable benefits. When a trademark registration in India is registered, it grants the trademark owner a slew of legal rights. It forbids trademark infringement and offers compensation in the case that it occurs.
It also gives the trademark registration holder the ability to freely transfer the trademark to another person or company. India, the possibility of licensing a trademark is limited to cases where the trademark holder has successfully registered their trademark. As a result, the registration of a trademark holds significant financial value.
Protection against unnecessary legal action:
The authorized trademark registration owners will avoid unnecessary lawsuits if they renew their trademarks on a regular basis. If a trademark is renewed on time, it is impossible for anybody other than the authorized owner of the trademark to claim ownership of the trademark.
Safety of the brand name:
In India, Trademark Renewal in India will assist you in obtaining ongoing and abandoned protection for your brand name from other market competitors. If you don’t renew your Trademark Renewal in India in a timely manner, you could lose all legal protection for your brand name.
Extension of the right of ownership:
The primary goal of registering a trademark registration for a company is to have complete control over its brand identification. The exclusive right to a trademark is vast for an additional ten years with each trademark renewal. By extending your trademark registration, you ensure that your brand’s identity is protected from infringement. In addition, the goodwill that your company has built up through time is protected.
Attract and retain great talent:
When you renew your Trademark Renewal in India, it helps to promote the vision, image, and distinctive attributes of your company for a longer period of time. Bright young minds understandably desire to be linked with such prominent brands. Furthermore, talented human resources will be more eager to work for you if your company has a positive brand image. Analysis can help you save money on finding some aspects. Renewing your trademark on a regular basis can help you save money on finding and keeping good workers.
Financial compensation:
In India, the owner of a registered trademark has the sole right to assign or license the trademark to another party. A trademark registration assignment and license of the trademark to another party. A trademark registration assignment and license are handed to anyone else in exchange for monetary compensation to the registered trademark’s authorized owner.
Steps To Renew Your Trademark In India:
- If you’re a registered owner, you must complete the TM-R form to renew your trademark.
- You or your authorized agent can fill out the application.
- Fill out the TM-18 form and attach an affidavit to prove that you made the statement.
- Pay your trademark renewal fees online or in person. Fees may differ depending on a variety of criteria, as they are not the same everywhere.
- Once the payment has been acquired, the application will be checked to confirm that all of the provided information and needed papers are correct and valid.
Lawgicalindia is committed to helping entrepreneurs and small business holders to start, manage and grow their businesses with peace of mind at an affordable price. Lawgical India aims to guide business owners regarding legal and regulatory obligations and support them throughout their business lifecycles. From ensuring compliance to facilitating growth, we are here to assist at every stage.
