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Every proprietor needs to get its trademark renewed before it gets expired. It is the process of renewing the mark to retain the rights of the trademark. It preserves those rights that are only available to registered trademarks owners. If the renewal registered trademark is failed then the owner loses all the protection that comes with the trademark.
A registered trademark is required to be renewed in India for which a renewal application of the mark has to be filed before expiry of the tenure along with the requisite renewal fees.
Trademarks need to be renewed once every 10 years; failure to do results in loss of legal protection. Therefore, renewing your trademark is crucial for enjoying continued legal protection under existing trademark laws in India. The request to renew the trademark in India can be filed:
• within 6 months before the expiry of the registration
• within 6 months after the expiry of the registration.
Ahmedabad is a fast forward place with a lot of opportunities. Many historical and political occurrences have shown it time in and again, the monuments, the place and its people talk huge amounts of the valor of Ahmedabad. Ahmedabad is the most rising with the Global world in India and that is exactly why it is apt for the developing area of Trademarks. The aspect that Ahmedabad is already in the Trademark market makes more reason to learn and understand Trademark renewal.
The trademark registration Act, 1999 of the Indian Government regulates all trademark renewal process and its related activities. There are two ways one can adopt while thinking about applying for trademark renewal; one can apply to change the in any sign or words in the existing trademark or one can simply apply for renewal for another ten years.
The following procedures should be followed while applying for trademark renewal:
* Preparing a renewal application letter
* Filling application process
* Paying renewal fee
* Quality checking and review
* Confirmation letter of renewal
Company Vakil also provides assistance in matters related to trademark renewal in Ahmedabad at pocket-friendly prices.
For filing of the trademark renewal application in Ahmedabad, the documents required are: A copy of the Registration Certificate, Power of Attorney, an ID & Address Proof of the Applicant and a copy of Form TM-1.
For filing an application for assignment of a trademark, the assignment deed which must be compulsorily in writing and duly signed by both the parties including the effective date of the assignment set down clearly is required.
Further, for assignment, ID proofs of the assignor as well as the assignee, furnished along with the application.
Documents of the registered trademark are also required to be furnished.
If you believe your registered trademark is being infringed, it is easy to establish your right to it in court. If you haven't registered the word, slogan or logo, you would not be able to do so. Particularly in sectors in which piracy is rampant, trademark registration is essential.
trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald's. Businesses can earn huge money in royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements.
You would want your customers to identify your products or services with yours only. Registering your trademark is the first step toward ensuring this. The court would then stop any similar words or slogans from being registered.
The trademark registration is a kind of an intellectual property protection, under this a word or a visual symbol being used by any business to help distinguish its goods or services from that of the other similar goods or services which may be originating from a different business gets protected. This benefit will continue if the trademark is renewed.
For filing the application of renewal of trademark, the following documents are required: A copy of the Registration Certificate, Power of Attorney, an ID & Address Proof of the Applicant and a copy of TM-1.
Yes, it is possible to do the trademark renewal in India anytime within 6 months of expiration of the expiry of the previous Trademark Registration by filing TM-12 with the prescribed late renewal fee.
A delay of more than 6 months can be risky and shall attract extra fees and documentation. If the renewal process does not get completed within 12 months of the expiration of the trademark, the trademark gets abandoned i.e. removed from the trademark register.
The trademark registration is quite different in documentation, procedure, the time required and fees from the renewal process. The trademark renewal is done within 6 months of completing the ten year time period. It is simple and easy to handle.
No examination of renewal application is done in India as filing for renewal within the statutory period is a matter of right.
10 years and it s renewable every 10 years.
Yes, under the Indian Trademark Law, multi-class trademark application can be filed in India.
3 years from the date of infringement/misuse. Hence, every time a mark is misused, a fresh cause of action arises.
No, use of mark prior to registration is not mandatory in India. Trademarks that are proposed to be used can also be registered in India.
A collective trademark or a collective mark is a trademark owned by an organisation ( such as an association) whose members use it to identify themselves with a level of quality or accuracy, geographical origin or other characteristics set by the organization. Example: “CA” device used by the Institute of Chartered Accountants.