Trademark Renewal In Delhi NCR

Online Trademark Renewal in Delhi NCR

The demand for trademark renewal in Delhi has increased with the increase in trademark registration. Delhi is becoming one of the preferred destinations for commercial activities. Trademark registration has increased in the last few years leading the trademark law to a remarkable and progressive phase. 

If a person wants the ownership and right of a logo or symbol, he is required to file an application for the same. Trademark registration gives person an exclusive right to use the logo or symbol and is basically used to protect a word or symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business. The registration of the trademark allows the owner to use ® along with the trademark. Trademark Renewal is done to extend the period of enjoyment of rights and ownership of the registered trademark.

Trademark Renewal must be filed at least 6 months prior to the expiry of the period of trademark registration i.e. 10 years. The trademark will lapse if the person fails to renew the trademark within prescribed time limit. As a result, the trademark will be allotted to any other person upon application of the said trademark. Filing a trademark renewal before the expiry of trademark registration will help to prevent one from chances of litigation. However, a person can file trademark renewal even after the expiry of the trademark registration but he is required to pay an additional charge for the same. Therefore, trademark renewal reduces the chances of litigation and enables the trademark owner to enjoy seamless protection.

Delhi or India’s capital is one of the parts of the Golden Quadrilateral, which connects the four major metropolitan cities in India. Apart from Delhi, they are Mumbai, Kolkata and Chennai. Apart from being a politically and administratively important city, it also unveils the rich cultural and social heritage which has its traces from the 11th Century. Some of this heritage is showcased by the Red Fort, Qutb Minar, Jama Masjid, Humayun’s tomb and many more.

Reasons for a online Trademark Renewal in Delhi NCR

Online Trademark Renewal in Delhi can be done for the following reasons:-

• Trademark Infringement                   

All the registered trademarks are protected under Trademarks Act. The Trademark Act provides legal remedy for any kind of infringement of the trademarks by any person or entity. In case of infringement, a person may be liable for imprisonment for a term of three years or fine or both.

• File Professionally

It’s important for the owner of the trademark to file an application for trademark renewal through an experienced who can help significantly improve chances of its successful renewal. An experienced professional will ensure that the application must be filed professionally covering all the aspects of Trademark Act.

• 10 Years Protection

Trademark Registration has a limited period of validity of 10 years. Trademark renewal extends the period of its validity to another 10 years. Thus, having a trademark renewed will ensure the ownership and right of a person over the registered trademark for next 10 years.

• Timeline

Timeline is the most important aspect of Trademark renewal. The owner of the trademark is required to periodically check the status of the trademark renewal application post filing of a trademark renewal because sometimes it requires time bound response or action from the applicant.

• Trademark Journal

Trademark Journal is the official gazette of Trademarks Registry and is used to advertise the trademarks that are acceptable by the Registry of Trademark. The third parties have the opportunity to oppose the trademark while the application is advertised. The process of advertising of a trademark in Trademark Journal is required only during its registration and not in its renewal.

Why do I need an online Trademark Renewal in Delhi?

Online Trademark Renewal in Delhi is required for the following reasons:-

• Continue enjoying the rights over Trademark for 10 years

Trademark registration is limited to a time period of 10 years. In order to enjoy the ownership and rights of the trademark, it is required that a person should renew it before the expiry of its time period. Failure to file trademark renewal will lead to lapse of the rights associated with the trademark. The Registry of Trademark may allot the trademark to any other person on application for the said trademark. 

• Application of Trademark Renewal to be made within time prescribed

Trademark owner is required to file trademark renewal within the prescribed time limit. Trademark renewal must be filed at least 6 months prior to the expiry of the trademark registration. 

• Failure of renewal leads to lapse of legal protection in brand name

If a person fails to file trademark renewal within prescribed time limit then all the legal rights associated with the trademark will lapse and the person will lose its ownership of the trademark. However, a person by paying additional fee can file the trademark renewal even after the expiry of the trademark registration period provided that the trademark should not be allotted to anyone.

• Protection from infringement of rights over brand name

Trademark Registration provides legal remedy to the owner of the trademark from any kind of infringement of the trademark by any person or entity. In case of infringement, a person may be liable for imprisonment for a term of three years or fine or both.

• Gain profit from licensing of your trademark

Trademark registration enables the owner to gain profit from the trademark as it creates confidence among the customers regarding the product i.e. they think that the owner cares for his brand. Therefore, it becomes important that the owner should renew the trademark before the expiry of the trademark registration period in order to continuously derive benefits from it.

• Reduces chances of Litigation

If the trademark renewal is filed within the prescribed time limit then it reduces the chance of litigation for the ownership of the trademark. Generally, litigation for the ownership and rights of the trademark arises when the owner of the trademark has delayed in filing the trademark renewal and the third party has filed a registration for the trademark.

Process of online Trademark Renewal in Delhi NCR

Following processes needs to be followed for online trademark renewal in Delhi:-

• Filing application for Renewal

The request for the trademark renewal has to be filed on or before 6 months of the expiry of the trademark registration. Before the expiry of the trademark registration, the registrar will send a notice as a reminder for the renewal of the trademark. However, if the owner of the trademark misses the deadline of trademark renewal, he can file the trademark renewal within six months after the expiry of registration provided that he/she has to pay an additional charge as a late fee.

Generally, the trademark renewal can be done in two ways:-

1. Trademark Renewal for a slight change in the sign or words in the already existing trademarks.
2. Trademark Renewal without any change.

Trademark renewal application is to be made in form TM-12 either by the registered owner or an agent authorized by him. The trademark renewal application will extend the protection of trademark for another 10 years. Therefore, it is highly recommended that the application of trademark is to be filed with the help of a professional.

• Check the status

After filing the application form for trademark renewal, the owner of the trademark is required to periodically check the status of the renewal application until it gets processed from the Registrar of Trademarks. The owner of the trademark can take the required action in case if the application requires certain response from the applicant.

• Trademark Journal

Once the trademark Renewal is accepted, the registrar advertises the renewed trademark in the Trademark Journal. The third parties have an opportunity to raise concerns regarding the registration of the mark while the application is advertised.

Minimum Requirements for online Trademark Renewal in Delhi NCR

Trademark renewal reduces the chances of litigation and a person enjoys seamless protection of the trademark. Trademark Renewal must be filed at least 6 months prior to the expiry of the period of trademark registration i.e. 10 years. The trademark will lapse if the person fails to renew the trademark within prescribed time limit. As a result, the trademark will be allotted to any other person upon application of the said trademark.

Following are the documents required for trademark renewal:-

• Power of attorney signed by the applicant.
• A copy of original trademark Registration Certificate.
• A copy of form TM-1.
• Identity and address proof of the applicant.