Trademark registrations are valid for a period of 10 years. Registered trademarks can be renewed by filing a renewal application.
Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application and provide registration under the Trade Mark Act. On registration of a trademark, the R symbol can be used along with the trademark and the registration is valid for a period of 10 years. During registration, in case of infringement of trademark, a suit can be filed to prevent misuse of the mark.
Trademark renewal must be filed before expiry of the mark. The trademark renewal application form must be prepared and filed before deadline to enjoy seamless protection of the trademark without any chances of litigation.
Important Aspects of Renewing Trademark
It’s important that a professional file for the renewal of a trademark application to ensure that the mark is properly protected. An experienced professional can help significantly improve chances of successful trademark renewal by filing a professional application, addressing all the aspects of Trademark Act.
Post filing of a trademark renewal, it is important to periodically check the status of the trademark renewal application until its processing on the Government side. Trademark renewal sometimes requires various time-bound response or action from the applicant. Hence, it’s important to continually check the status of the application and take required action until registration.
10 Year Protection
Filing a trademark renewal application extends the protection by another 10 years. Trademark registration are valid for a period of 10 years and must be renewed before expiry. Our professionals can ensure your trademark is renewed and protection for the mark is extended as per the Trade Mark Act of India.
Trademark Act provides legal protection for all registered trademarks. Legal remedy is available in case of infringement by any person or entity. A person is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees for trademark infringement.
Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the application is acceptable, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark. This process is not required while renewing an existing trademark.
How we help with trademark renewal
An Retry Global Solutions Trademark Expert would determine the details of registration for which renewal application must be filed.
Based on the discussion and course of action decided, a trademark renewal application is prepared by the Retry Global Solutions Trademark Expert.
On obtaining the consent of the client, the trademark renewal application is filed with the Trademark Registry and the processing of the application is tracked.