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TRADEMARK RENEWAL

If you want to stand out from the rest, one of the unique identities is a trademark. A trademark is a type of intellectual property, which consists of a recognizable sign, design, or expression. It is a characteristic brand representation tool which tells the people that a particular product is from this particular Company. 

 

The trademark renewal pROCess: 

 The trademark renewal fees cost around Rs. 4000 by filling out the TM - 12 forms. The trademark renewal pROCess can be done in 2 ways, these are mentioned as follows:

You can apply for a change in the name, symbol, sign or a word in the existing trademark

You can apply for the renewal without any change in the trademark

 

The renewal has to be made 6 months prior to the expiry date of the registration period and after the renewal, it stays for another decade. In case if a person forgets to renew his trademark within the stipulated time sPAN, then the renewal can be done within the next 6 months after expiry along with a late fee.

 

These are the steps which are to be followed for the renewal pROCess of the trademark:

The Registrar would send a reminder to the owner of the trademark, 6 months prior before the trademark would have to be renewed

Then fill the Form ™-12, which is for the trademark renewal.

The application can be put forward either by the registered owner of the trademark or by an agent authorised by him. 

You may contact any other professional for the renewal pROCedure as they could help you see a broader picture of the protection of their asset.

After filing the trademark renewal application, you should keep a check of its status with the concerned authorities.

 

 

Unlike patents and copyrights or industrial designs, trademark rights can last till the time you would want them to. Till the time the owner keeps on renewing the trademark, it would remain rightfully his and no one would be able to steal your work. However, if you fail to renew under all the circumstances, then the Registrar has the full right to remove your trademark from the Trademark Register.

 

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FAQ - Frequently asked questions

How to select a good trademark?

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have a monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.) It is advisable to conduct a market survey to ascertain if the same/similar mark is used in the market.


What is the function of a trademark?

Under the modern business condition, a trademark performs four functions ● It identifies the goods / or services and their origin. ● It guarantees its unchanged quality ● It advertises the goods/services ● It creates an image for the goods/ services.


What are the benefits of registering a trademark?

The registration of an indicator confers upon the proprietor the extraordinary proper to the use the trademark on the subject of the goods or services in appreciate of which the mark is registered and to indicate so by the use of the symbol (R), and are searching for the comfort of infringement in appropriate courts inside the usa. The one of a kind proper is but issue to any conditions entered at the sign up together with drawback of region of use etc. Also, in which two or extra humans have registered equal or nearly comparable marks due to unique circumstances, such unique right does not operate against every other.


What are the benefits of registering a trademark?

The registration of an indicator confers upon the proprietor the extraordinary proper to the use the trademark on the subject of the goods or services in appreciate of which the mark is registered and to indicate so by the use of the symbol (R), and are searching for the comfort of infringement in appropriate courts inside the usa. The one of a kind proper is but issue to any conditions entered at the sign up together with drawback of region of use etc. Also, in which two or extra humans have registered equal or nearly comparable marks due to unique circumstances, such unique right does not operate against every other.


Why Trademark is required?

It is required to protect your brand name and to safeguard your business goodwill from using the same brand name by others.


What if my application got objected?

Mostly your application got approved if your brand is unique. In case of any objection lawyer or attorney can file the appropriate reply of objection and further process the application to revive the TM application in due course. Objection filing is a separate process.