Trademark registration india can be renewed after [Expert Advice]

Last updated : Sept 18, 2022
Written by : Derick Vair
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Trademark registration india can be renewed after

Can Trademarks be renewed in India?

A registered trademark can be renewed in India for an unlimited number of times on payment of the official fees, failing which the mark becomes liable to be removed from the Register of Trademarks. Trademark renewal is valid for a period of 10 years.

How do I renew an expired trademark in India?

  1. If you are a registered proprietor, you need to file the form TM-R to apply for the renewal of your trademark.
  2. The application may be filed either by you or by your authorized agent.
  3. The form TM-18, along with an affidavit needs to be submitted in support of your statement.

How long can a trademark be renewed?

In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

Is trademark renewed?

As per the Trademark Act of 1999, the period of trademark registration in India is 10 years. The renewal of a trademark for another 10-years will be done after completing the initial registration period. Trademark renewal petitions must be filed 6 months prior to the expiration date.

How long is a trademark valid in India?

If the trademark is registered, the applicant can use the R symbol. 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. Know more about Trade Mark renewal.

How often do you need to renew trademarks?

Common questions You must renew your trademark registration between the 9th and 10th year following your registration date, and each successive ten-year period thereafter. If you've exceeded the deadline year by less than 6 months, you may pay an additional fee to file within the USPTO grace period.

Can trademark be renewed after the time given expires?

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 happens when 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.

How do I renew my trademark certificate?

  1. A copy of the registration certificate.
  2. Copy of form TM-A (form used for the original application for registering the trademark)
  3. ID and address proof of the applicant.
  4. Power of attorney if the applicant is an authorised representative or an agent.

What is the duration of a trademark?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What are the three types of trademarks?

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

What is trademark renewal fee?

An application for the renewal of a trademark shall be made under Form TM-R along with the prescribed fee of INR 9000 per class anytime within one (1) year prior to the expiry of the registration of the mark.

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 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.

What is trademark registration in India?

Trademark Registration is an intellectual property registration under the Trademark Act of India. Trademark registration provides ownership of intellectual property, rights to exclusive use of the registered trademark and legal protection in case of trademark infringement.

What is term of trademark registration in India?

A trademark can be renewed in India from time to time for an unlimited period on payment of the renewal fees, failing which the mark becomes liable to be removed from the Register of trademarks. Each renewal term is for a period of 10 years.

Do I need to renew trademark every year?

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.

Can you renew a copyright?

A copyright does not protect the work indefinitely, however, and if the copyright owner wishes for a longer period of protection, he or she can renew the copyright for an additional amount of time.

How many times may the owner of a trademark renew the 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.

Can you buy an expired trademark?

If the mark has been abandoned for three to five years, odds are, you're in the clear. That's the span that the USPTO requires trademarks to be maintained, meaning if the proper paperwork hasn't been filed, it's potentially up for grabs. The risk comes from the Lanham Act.

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Trademark registration india can be renewed after

Comment by Lloyd Lacombe

Thanks for this great article

Thanks for your comment Lloyd Lacombe, have a nice day.
- Derick Vair, Staff Member

Comment by stuckindisneyA

Thanks for this interesting article

Thanks stuckindisneyA your participation is very much appreciated
- Derick Vair

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