Trademark Renewal is an important aspect of protecting your brand identity in India. The process of trademark renewal involves extending the validity of your trademark registration after the initial 10-year period.
Overview on Trademark Renewal Benefiting The Business
In the highly competitive business environment in India, it is imperative to protect your brand identity to maintain a distinct market presence. A registered trademark is an essential tool for safeguarding your brand and establishing credibility in the market. However, registering a trademark is not enough; it is equally important to renew it periodically to maintain its legal protection. This blog is about Trademark Renewal Can Benefit Your Business
If a renewal application is not submitted, the registrar has the option to publish a notice in the Trade Marks Journal stating their intention to withdraw the trademark. This usually happens within a year of the expiration date. To renew a trademark registration, one can follow the ‘restoration’ procedure and pay a fee, which is possible for a period of six to twelve months after the expiration. Vakilsearch offers top-notch Trademark renewal services.
What is a Trademark?
A trademark is a distinctive word, phrase, symbol, or design used to identify and set apart the goods of a particular manufacturer or seller from others in the market. Similarly, a service mark identifies and distinguishes the source of services rather than tangible products. Often, the term “trademark” is used to refer to both trademarks and service marks. To gain legal protection, trademarks are typically registered with the government.
Various types of trademarks exist, including word marks (e.g., “Coca-Cola” or “Intel”), symbol marks (like the Nike swoosh), colour marks (using consistent colours to identify a product, like pink for Barbie), and sound marks (sounds that identify a product, such as the NBC chimes).
Importance of Renewal of Trademark
The renewal of a trademark holds significant importance as it helps maintain the distinctiveness and protection of the mark. A trademark, whether a word, phrase, design, or symbol, serves as a crucial identifier of a product or service and sets it apart from competitors. As time passes, a trademark can acquire “secondary meaning,” becoming synonymous with the product or service it represents.
However, there is a risk that a trademark may lose its secondary meaning and become generic if the public starts using it to refer to the product or service itself rather than its manufacturer. This phenomenon is known as genericide, and it results in the abandonment of the trademark, making it unenforceable.
Abandonment can also occur if the trademark owner discontinues using the mark in commerce. To prevent abandonment, trademark owners must consistently use their marks in commerce without interruption.
Abandonment is a common defence in trademark infringement cases. If the defendant can demonstrate that the plaintiff has abandoned the trademark, the plaintiff’s enforcement rights are undermined.
Furthermore, abandonment serves as a valid ground for the cancellation of trademark registration. If a trademark’s registration is cancelled, it loses its enforceability.
To avoid abandonment, it is crucial to continuously use the trademark in commerce. Additionally, generic use of the mark should be avoided, meaning the mark should not be used to refer to the product or service itself rather than its manufacturer. Lastly, using the mark in a way that implies it is generic should be prevented.
Renewing a trademark is vital for preserving its distinctiveness, protection, and enforcement capabilities. Consistent usage and avoiding generic references are essential steps in ensuring the longevity and effectiveness of a trademark.
The Benefits of Trademark Renewal
There are numerous advantages to renewing your trademark.
- A trademark renewal will keep your brand protected and grant you exclusive rights to utilise it.
- Renewal of your trademark ensures that it is still registered and in good standing with the trademark office.
- If you renew your trademark every ten years, you will be able to continue using it permanently.
- Trademark renewal will assist you in enforcing your rights if someone uses your trademark without your consent.
- Renewing your trademark can also assist in protecting your website and other online assets from cybersquatters.
- Renewal demonstrates to the rest of the world that you are still actively using and safeguarding your brand. This can aid in the development of customer loyalty and trust.
Restoration of Trademark
A trademark is a distinctive identifier used by a company to differentiate its products or services from those of its competitors. The Trademark Act of 1999 governs trademark registration in India. The Act allows for the registration of trademarks, which are described as “any mark capable of being represented graphically and capable of distinguishing one person’s goods or services from those of others.”
The term ‘restoration’ in relation to a trademark refers to re-registering a trademark that has been removed from the register owing to non-use. To have a trademark restored, the owner must apply with the Registrar of Trademarks and pay the necessary fee. After demonstrating appropriate compliance, the user is granted trademark renewal.
Conclusion
When applying to register a certification trademark, the Indian Trade Marks Registry assesses whether the application fulfils the required criteria under Indian law. This involves determining if the certification trademark effectively distinguishes certified goods or services from uncertified ones. Once the Registry confirms compliance with legal requirements, the application is published in the Trade Marks Journal for four months. During this time, any third party can raise objections.
If there are no valid oppositions or if the opposition action is decided in favour of the applicant, the certification trademark is registered for ten years. However, it is crucial to note that a certification trademark can be canceled if a party lodges a complaint with the Registrar. The grounds for cancelling a certification trademark differ from those for regular trademarks.
FAQs:
What is the effect of renewal of trademark?
Renewing a trademark ensures its continued protection and exclusivity. Vakilsearch experts can assist with trademark renewal, ensuring the protection of your brand identity.
Why is trademark important for business?
Trademarks protect brand reputation, prevent confusion among customers, and enhance business credibility. Trust Vakilsearch experts to handle your trademark registration needs!
Why are trademarks important for startups?
Trademarks safeguard unique brand elements, building brand recognition and trust. Remember, Vakilsearch is your reliable partner for all legal and trademark-related matters!
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