Term of trademark registration in india [Must Read]

Last updated : Sept 27, 2022

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What is the duration of registered trademark?

Validity of Registered Trade Mark All registered trade marks are valid for a period of 10 years from the date of application. At the end of its validity, a trade mark can be renewed easily by paying the Government fee for registration.

What is a term of trademark registration?

The registration of a trademark is valid for a period of 10 years and further can be renewed every 10 years. In case the opponent does not renew the trademark, the trademark protection is no longer valid.

How long is trademark valid India?

The validity period of trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999.

How long does trademark registration take in India?

Ans: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

How long is a trademark protected?

The term of trademark registration can vary, but is usually ten years. It can be renewed indefinitely on payment of additional fees. Trademark rights are private rights and protection is enforced through court orders. What kinds of trademark can be registered?

Do registered trademarks expire?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

What is trademark renewal?

Trademark Renewal Procedure If the registration is not obtained as per the prescribed conditions the Registrar can remove the trademark from the trademark register. If you miss the deadline for filing the request, you may file a renewal application within six months after the expiry of the mark, along with a late fee.

What are the types of trademark?

Product Mark. Product mark is a mark that is used on a good or on a product rather than on a service.
Service Mark. Service mark is similar to the product mark but a service mark is used to represent a service rather than a product.
Collective Mark.
Certification Mark.
Shape Mark.
Pattern Mark.
Sound Mark.

What is the period of duration and renewal of trademark registration in India?

Under the Trademark Act 1999, the duration of trademark registration in India is ten years. The renewal for a further 10-years period will require prescribed renewal fees.

Can I use TM without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Is logo a trademark?

Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights.

What is the cost of trademark renewal in India?

The official fee for trademark renewal in India is INR 9000/- for filing application for trademark renewal in one class. The official fee for filing trademark renewal with surcharge is INR 4500/- (surcharge) plus the trademark renewal fee.

What's the difference between TM and R?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service.

Who can use TM symbol?

Every time you use your trademark, you can use a symbol with it. The symbol lets consumers and competitors know you're claiming the trademark as yours. You can use â€œTMâ€ for goods or â€œSMâ€ for services even if you haven't filed an application to register your trademark.

Who can use TM symbol in India?

The TM symbol is used when an application for trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark and serves as a warning for infringers and counter-fitters.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

How many times can you renew a trademark?

There's no limit to the number of times you can renew your trademark. You can and should continue to renew your registration every 10 years, as long as you're still using the trademark in commerce and in the ways described in your registration. With continued renewal, your trademark can conceivably last forever.

Can you change trademark name?

Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered.

Can a trademark be lost?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

What happens if a trademark expires?

Registering your trademark ensures you maintain exclusive rights to the mark. If you don't renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership. Not to mention there are many costs associated with re-registering.

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Comment by Arlen Gansert

Thanks for this great article

Thanks for your comment Arlen Gansert, have a nice day.
- Renaldo Cainglit, Staff Member

Comment by Rosetta

Thanks for this interesting article

Thanks Rosetta your participation is very much appreciated
- Renaldo Cainglit

About the author

Renaldo Cainglit

I've studied participatory economics at University of California, Santa Barbara in Santa Barbara and I am an expert in myriapodology. I usually feel grumpy. My previous job was painter (industrial) I held this position for 18 years, I love talking about shogi and table football. Huge fan of Nas I practice mountaineering and collect fossils.

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