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A Trademark distinguishes the goods of a manufacturer or trader from similar goods of others and therefore, it seeks to protect the interest of the trader as well as the consumer.
The object of trademark law is to permit an enterprise by registering its trademark to obtain an exclusive right to use, share or assign a mark.
A registered Trademark can be assigned and renewed. Before expiry of the last registration of a trademark, the Registrar will send a notice as a reminder to the registered trademark owner regarding the expiration and conditions as to the payment of the fees. The rights of the trademark registration owner continue to operate until the registration of the trademark is either cancelled or expires, and subsequently removed from the trademark register.
Registration for a trademark can be renewed every ten years from the date of filing of the application for registration. There is no limit as to the number of times that the trademark can be renewed, and any person can renew the trademark as long as the renewal is made as per the rules and regulations of Intellectual property laws governing trademarks.
Assignments pertain to the transfer of trademark right from the owner of the right to another person. Assignment can be done for both registered and unregistered trademarks. In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks. Trademark assignment is affected by a duly executed assignment deed between the concerned parties.
A registered Trademark can be renewed in India from time to time for an unlimited period upon payment of the renewal fees.
Before expiry of the last registration of a trademark, the Registrar will send a notice as a reminder to the registered trademark owner regarding the expiration and conditions as to the payment of the fees. Registration for a trademark can be renewed every ten years from the date of filing of the application for registration.
There is no limit as to the number of times that the trademark can be renewed, and any person can renew the trademark as long as the renewal is made as per the rules and regulations of Intellectual property laws governing trademarks.
The rights of the trademark owner continue to operate until the registration of the trademark is either cancelled or expires, and subsequently removed from the trademark register.
Renewal of Trademark ensures the continuance of the legal protection of the trademark. It benefits the owner to continue his use of trademark right legally.
Assignments pertain to the transfer of trademark right from the owner of the right to another person. Assignment can be done for both registered and unregistered trademarks. In case of an assignment, there is a change in the ownership of the registered trademark. Sometimes, while executing a complete assignment, the owner of the trademark transfers all the rights with relation to the trademark, together with the transfer of the rights like the right to any transfer, earn royalties, etc., to the other party. The transferring party known as the assignor transfers the trademark right to the receiving party known as the assignee. Subsequent to the assignment of a trademark, the assignee becomes the proprietor of the trademark. Trademark assignment is affected by a duly executed assignment deed between the assignor and the assignee.
Assignments lead to creation of multiple exclusive rights.
In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks.
The most crucial requirement for a valid agreement of assignment is that there must be evidence of an intention on the part of the assignor to transfer ownership of the trademark as well as the associated goodwill to the assignee.
A registered Trademark is valid up to a period of ten years and it can be further renewed from time to time for an unlimited period upon payment of the renewal fees.
Trademark renewal process must be carried out three to six months before expiry of the mark.
The Registrar will only inform the trademark owner about the expiry date of the trademark and the whole process of renewal takes a month to be completed.
The steps involved in renewal of a trademark are as follows:-
The fee for registration of a copyright depends upon the work which is to be copyrighted.
The process of trademark assignment involves the following steps:-
Company Vakil helps you get your trademark Renewal in India at a very Reasonable Cost, a TM needs to be renewed anytime 6 Months Prior to the date of its expiry and upto 1 year post that expiry with the Government surcharges and fees.
Similarly if you wish to go for a trademark Assignment in India, there has to be a Transfer of all the Trademark rights in that case and the cost for the same varies as per the amount of Rights being Transferred in an Assignment Deed
All the Documents are required only in scanned form, you can attach the document in the form after payment or email it to us on firstname.lastname@example.org . Feel free to get in touch for any query.
Trademark Application Number
You will be asked to fill after payment or sent by email
Power of Attorney
You will receive a copy from us.
Trademark Renewal Receipt and Govt.'s Letter
Stating Renewal of Trademark for next 10 years
Trademark Assignment Deed
In case of Trademark Assignment, an Assignment deed is drafted and signed by both the parties
We are India`s one stop tech legal registration platform aimed on making legal registrations efficient and affordable to end user, i.e. individuals, entrepreneurs or business owners.
Company Vakil with the help of technology and experts such as lawyers, Chartered accountants, company secretary makes registration error-free and seamless.
We provide variety of services such as Pvt Ltd Company registration, trademark registration, copyright, MSME Registration, GST registration, Import Export Code Registration etc. Also if you wish to get your Trademark Renewal in India with help of Company Vakil Expert Intellectual Property Attorneys and if you are planning for Assignment of Your Trademark you can consult Company Vakil TM Assignment Experts.
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Money Back Guarantee – Company Vakil believes strongly in Customer satisfaction, and all our associates and professionals make sure you are provided with all the information required at every stage. Yet if you are not satisfied with the service provided we shall refund you the money.
Seamless Process – Through Company Vakil we try to make the process of registration as convenient and seamless as possible. With options like trademark and company search bar it is a breeze for a user to search the right name for their company.
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Trademark Assignment is a process through which the Ownership and Proprietary Rights of a Trademark is Transferred with or without the Goodwill of the business.
Yes, Trademark Registry gives an option of Jointly Owning a Trademark i.e. the Ownership and Proprietary Rights are jointly shared between all the Applicants of that Trademark.
Trademark Assignment has the following benefits :-
1. It Unlocks the true Value of Your Brand, as you will get to know the exact goodwill enjoyed by your brand.
2. In case of a dispute Assignment Deed acts as an Instrument of Valid Proof defining the all the Proprietary and ownership Rights
Complete Assignment is fully Transferring of all the rights vested in a Trademark, even the right to further Assign.
In Partial Assignment there are some restrictions on transfer of ownership i.e. certain rights are transferred and certain rights are restricted.
Yes, Trademark can’t be assigned if the ownership and Proprietary Rights are Vested in more than 1 Person.
No they both mean the same.
A Trademark’s validity is for 10 years and it has to be renewed after every 10 years
A Trademark takes around 3-4 days to get renewed (an electronic communication is received from the registry that your Trademark has been renewed for next set of 10 years)
A Trademark can be removed on the following grounds: -
1. Is Removed from the register in case of Non-renewal and Restoration within a period 12 Months from the date of its expiration.
2. On the Grounds of Non-Use for a continuous period of 5 Years.
3. If the Trademark wasn’t used 3 months Prior to the date of Application of removal.
Yes, a Trademark can be renewed and restored upto next 12 months after the date of expiration, by giving a prescribed fee for the same.
The Trademark gets removed from the Register of Trademarks after 12 months from the date of expiration and is available for anyone to Apply the same.
No, the Original Holder of Trademark can’t file an Opposition on the Grounds of Non-Renewal.
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