If a company wants to pursue use of its mark after the initial registration expires, a section 9 trademark renewal is required. Learn what happens when a trademark owner fails to renew their registration. In this article, we shall discuss what a Section 9 renewal trademark is. 'Section 9 is an application to renew the trademark registration'.
Trademark Rights
- Trademark rights protect the intellectual property of an owner and trademark renewal if it’s registered. Section 9 Renewal Trademark
- The trademark owner has the exclusive right to use the mark in connection with the goods or services for which it is registered
- In order to register a trademark, the owner must provide proof of ownership and evidence that the mark is being used in commerce
- The registration of a trademark does not prevent others from using the same or a similar mark, so long as they are not using it in association with the goods or services for which the trademark is registered
- A trademark owner can use legal procedures to stop others from using the mark, such as filing a lawsuit or sending a cease-and-desist letter.
Protection of Trademarks
Trademarks play an essential role in whether you are starting a business or want to protect your existing business brand.
When you create a trademark, you provide others with the right to use that mark to identify your products or services. It makes it easier for customers to find and buy products from your business.
Before you begin the registration process, you can use Vakilsearch’s free trademark search tool to verify whether the trademark you want is available.
When you register a trademark, the Intellectual Propertyof India will give you access to a database of registered trademarks. This database can determine if someone is using your trademark without your permission. You can also use it to file complaints against infringement.
To protect your trademark, you will need to take several steps:
- Make sure that you are using the trademark properly. Avoid using the mark in a way that is likely to confuse customers.
- Register the trademark with the IP office. It will ensure that you have exclusive rights to use the mark and prevent others from using it without your permission.
- Secure official recognition of the mark from relevant authorities. This can include winning a court case or getting an agreement from another company that uses.
Renewing Trademarks
If you have a trademark that you want to protect in India, you need to renew your trademark every ten years. This is because the protection of a trademark lasts for ten years from the date of first registration.
You will need to file a Trademark Renewal Form with the Indian Intellectual Property Office (IPO) to renew your trademark. The form can be filed online or through the IPO’s online portal. The filing fee for a trademark renewal process is ₹2,500.
Once you file the form, the IPO will start the process of examining your trademark. Under section 9 of trademarks law, this examination may result in the removal of your trademark from the register if :
- It is not distinctive and does not have any differences from any other intellectual property
- When used on or in connection with the goods, any word(s), name(s), symbol(s), or device which may indicate or imply that the applicant is affiliated with, endorsed by, affiliated with, sponsored by, owned by, licensed to use or sell goods produced by another person
- It hurts the religious sentiments of the citizens of India
- It contains obscene marks
- It uses emblems and names under the Act of Improper Usage 1950.
Once your trademark is registered and remains on the register, it becomes difficult for those other companies to market products that are similar to your trademarks. You should have no trouble renewing your trademarks as long as they are correctly registered and fully protected.
Other Ways to Protect Your Trademark
Suppose you are planning to Trademark Renewal in India. In that case, there are a few other ways to protect your trademark aside from applying with the Indian Intellectual Property Office (IPO). Here are some tips:
You can also create a trademark-protectable symbol. You can use this visual representation of your trademark on products, websites, and other promotional materials. You will need to register the symbol with the IPO before you can use it to protect your trademark.
Finally, you can file a lawsuit if you believe that someone is trespassing on your trademark. This is the most expensive option, and it might be required if someone persists in using your trademark without consent or files false filings with the IPO.
Conclusion
This article explained Section 9 of the Trademark Renewal process and covered the trademark renewal process in India. In terms of ideas, if you want to renew a trademark in India, you must first consult the trademark registry. The registry will then set a deadline for you to submit your application. You will also be required to pay a filing fee. After paying the filing fee, you must submit all required documents to the registry. The registry will then review your application and determine whether or not to renew it. If the registry decides to renew your registration, it will notify you and provide you with the necessary documents.
Also, Read:
