Trademark Renewal

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TRADEMARK RENEWAL

Trademark acts as a distinguisher between the goods or services that are offered from other similar goods or services from a different business. A registered trademark cannot be registered if it is found offensive, lacks distinctiveness and contains government emblems.However, it is necessary to renew trademark registration as it is has a validity of 10 years. Trademark registration renewal can be done beginning from 6 months before the date of the expiry.

A notice for trademark renewal is sent before the date of expiry.If an individual still fails to renew the trademark then the registrar may remove the trademark from the Trademarks journal. But again this happens only after 12 months after the expiry date. Between 6 and 12 months after the expiry trademark registration can be renewed on payment of a fine through a process called restoration.

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FREQUENTLY ASKED QUESTIONS (FAQS)

What documents are required for Trademark renewal?

The application of trademark renewal needs to have these documents attached a copy of the registration certificate, power of attorney, ID and address proof of the applicant, and a copy of the TM 1 form.

What are the benefits of trademark renewal?

The trademark registration is an asset for the company under this a word or visual symbol are used by a business to help them distinguish the goods and services from that other similar goods and services. Thus, renewing a trademark is always beneficial.

When to apply for trademark renewal in India?

A trademark renewal application should be made six months before the expiry of the registration. An application is to be made with the payment of fees.

Can a trademark be restored?

A trademark can be restored after the expiry within 6 months to keep using it. An application is to be made for the same.

What is the difference between Trademark Registration and Trademark renewal?

The trademark registration helps an individual obtain exclusive rights for the use of words or symbols. Whereas the Trade renewal helps in continuing the ownership and use of the trademark.

For how many years is a trademark registration is valid?

Trademark registration is valid for 10 years, the process of renewal begins after the period of expiry.

What happens in case there is failure to renew the trademark?

In case if the trademark registration is not renewed the trademark would be removed from the register and any other person claim and get it registered to their name.

Are there any changes in the rights after renewing the trademark?

Renewing a trademark does not create any changes in the rights of the trademark owner. A long as the trademark is valid the trademark holder can enjoy all the rights that he or she has acquired while registering.