It is very essential to understand what a trademark is and how essential to renew your trademark. But did you know that there are certain times you can renew your trademark? If so, how many times can you renew your trademark? In this article you will learn.
Introduction:
A trademark is a word, name, symbol or design, or combination thereof. It can also be a multi-word phrase that has become distinctive as the ‘name’ of a particular product or service. In order to prevent confusion, trademarks are registered and protected by law in many countries. The process for registering a trademark involves filling out an application in order to register the mark with the Trademark Registrars. This blog answers the question, How Many Times Can You Renew a Trademark in detail.
Proof of use must be submitted before the trademark can be registered. In order to prevent any other party from using your planned trademark in any type of manufacturing, advertising material, etc., it’s essential to file for copyright protection alongside your trademark. In India, trademarks are issued for ten years before they can be renewed.
Why Do You Need to Renew a Trademark?
Renewing a trademark protects by law all intellectual properties. It protects the trademark holder and allows for restitution in case of infringement. When a trademark is registered, there are ways in which it can be licensed and transferred to another entity. While there is no way of limiting the transfer ability of a registered trademark, a registered trademark could have substantial monetary value if it is the right property.
Here are the steps to perform a trademark renewal that the registrar has requested trademarks:
- One can renew trademarks as it is
- Renewal of trademarks can be done with modifications to the intellectual property
- Submit the renewal application by filling out the form TM-R
- Trademark renewal can be filled by authorized personnel other than the registered owner
After submitting your application for a trademark, you need to keep an eye on it to see if other parties file any opposition. If so, you need to respond with the response given to you.
- When the application is approved, the trademark will be published in the official gazette, The trademark journal
- Once a trademark has been published, it is valid for up to 10 years. Once the due is completed, the trademark can be renewed
- An expired trademark can be renewed at any time.
Trademark Renewal can cost differently depending on whether it is done in person or online.
- Filing trademark renewal physically can cost up to ₹ 10,000
- E-filing trademark renewal can cost up to ₹ 9000
Use Vakilsearch trademark name search engine to look up previously registered trademarks to avoid copyright infringement.
Documents Required While Filing a Trademark Renewal
- Copy of Trademark registration certificate
- A copy of form TM-A
- Address proof and identification of the applicant
- A copy of Power of Attorney – If submitting a TM renewal application through an attorney.
Restoring a Trademark
If a person fails to renew the trademark in time or the trademark becomes abandoned and not used for three (3) consecutive years, one can still apply for the restoration of a trademark. Restoration of a trademark is allowed by The Trademark Act, of 1999 under Section 25 (4).
A trademark can only be restored within one year of its expiry. Restoration requires an additional fee of:
- ₹10,000 if done by an owner physically
- ₹9,000 if filed online
Conclusion
Trademark registration protects companies from losing money to copyright and trademark infringement. After registering for a Trademark, it can be renewed after ten years. The trademark renewal enables the business user to continue protecting the copyrighted properties.
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