Trademark Renewal and Assignment in Mumbai

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 the date of 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 canceled 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. An 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.

Mumbai was previously known as Bombay. This name was used by the Britishers during the colonial period. In 1955, Shiv Sena argued that ‘Bombay’ is a corrupted version of Mumbai. It carried on the British legacy post independence also. In order to end this legacy, Shiv Sena leader Bal Thackeray in 1955 decided to change the name from Bombay to Mumbai which is derived from the name of the local deity, Goddess Mumba Devi.

Online Trademark Renewal in Mumbai can be done with Company Vakil.

What is Online Trademark Renewal in Mumbai?

A registered Trademark can be renewed in Mumbai from time to time for an unlimited period upon payment of the renewal fees.

Before the date of 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 expired, and subsequently removed from the trademark register.

Trademark renewal in Mumbai ensures the continuance of the legal protection of the trademark. It benefits the owner to continue his use of trademark right legally.

What is Trademark Assignment?

Assignments pertain to the transfer of trademark right from the owner of the right to another person. An 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 owner of the trademark. Trademark assignment is affected by a duly executed assignment deed between the assignor and the assignee.

Assignments lead to the 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.

Reason for doing online trademark renewal in Mumbai

·       If a person starts using someone else’s registered trademark without their consent, then the right of the owner over the trademark is subject to get infringed. Such a person may face legal implications due to trademark infringement. So, in order to overcome this, a person can obtain an assignment of the trademark.

·       A trademark assignment gives legal permission to a person to use the trademark of another person. It helps a person to exercise a right over the intellectual property of others.

·       Many times, people wish to have the desired trademark but it is unavailable because it is already present on record with some other person or company. This problem is also solved by a way of assignment.

·       Whereas renewal of a Trademark ensures the continuance of legal protection of the trademark. It benefits the owner to continue his use of trademark right legally.

·       Also, 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.

Trademark renewal procedure in Mumbai

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 the expiry of the mark.

The Registrar will only inform the trademark owner about the expiry date of the trademark and the whole trademark renewal procedure in Mumbai takes a month to be completed.

The steps involved in the trademark renewal procedure in Mumbai are as follows: -

·       Preparing a trademark renewal application

The trademark owner or an agent authorized by the owner has to make a trademark renewal application in Mumbai in the stipulated form (TM-12) within six months from the date of expiry of the trademark.

·       Application filing

The renewal application has to be filed with the registrar within the prescribed time period to avoid the expiration of the trademark.

·       Requisite renewal fee

The validity for trademark registration is 10 years, for further renewal the owner has to file an application with the registrar which will be accompanied by the prescribed fees. The renewal charges may vary if filed before six months of the expiry of registration and filed within 6 months after the expiry of the trademark registration.

·       Examination and review

The renewal request shall be processed after receiving the trademark renewal application along with the required documents. The examiner checks the renewal application in accordance with the provisions of the Trademark Act, 1999.

·       Publication in Trademark Journal

Once the examiner is satisfied with the renewal application, he intimates the applicant about the renewal of the registered trademark. All the approved renewals are then sent for the publication in the trademark journal. The Trademark Journal is an official gazette of the Trademarks Registry.

Cost of online Trademark renewal in Mumbai

CompanyVakil can help you get your trademark Renewed at a reasonable cost of Rs 15,000 only.

Advantages & Benefits of online Trademark renewal in Mumbai

·       Legal permission and protection

If a person starts using someone else’s registered trademark without their consent, then the right of the owner over the trademark is subject to get infringed. Such a person may face legal implications due to trademark infringement. So, in order to overcome this, a person can obtain the assignment of the trademark.

A trademark assignment gives legal permission to a person to use the trademark of another person. It helps a person to exercise a right over the intellectual property of other.

·       Utility

Many times it happens that people don't get the desired trademark because it is already present on record with some other person or company. This problem is also solved by a way of assignment.

·       Valuation

The owner of a trademark can know the worth of his brand through an assignment agreement. He is entitled to receive royalty upon assignment of his trademark rights through which the value of the true trademark is realized.

·       Continuance of Legal Protection

Renewal of a Trademark ensures the continuance of legal protection of the trademark. It benefits the owner to continue his use of trademark right legally. Trademark renewal application in Mumbai extends the protection by another 10 years.

·       Trust

Renewal of trademark ensures trust amongst the public. The business of the owner of the trademark is entrusted with goodwill because of renewal of the trademark.