Trademark registration term in india [Must-Know Tips]

Last updated : Sept 2, 2022

Current : 2934

What is a term of trademark registration?

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.

What is the duration of trademark registration?

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.

What are the 4 types of trademarks?

Generic. A generic term is a common description that does not receive trademark protection.
Descriptive.
Suggestive.
Arbitrary or Fanciful.

What is trademark renewal?

Trademark Renewal helps in keeping a trademark permanent and perpetual by just filing an application with the prescribed fees. The application for the Trademark Renewal must be filed six months prior to its expiry date. Furthermore, Trademark Renewal does not modify any of the rights of the trademark holder.

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.

Does trademark 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.

How many times can a trademark be renewed?

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.

When should I renew my trademark?

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 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.

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.

What are 3 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 are types of marks?

A. Generic Marks. Generic marks are marks that use common, everyday terms that everybody has the right to use.
B. Descriptive Marks. Descriptive marks use terms that merely describe the good or service.
C. Suggestive Marks.
D. Arbitrary or Fanciful Marks.

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.

Can I renew trademark myself?

Registered trademark holders or an agent authorized by such a holder to act on their behalf can file the renewal request. Individuals must take the help of professionals to file for renewal of a TM application to ensure the process occurs smoothly without any hiccups or delays.

What is the fee for renewal of trademark?

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.

How long is 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?

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.

Can you lose a trademark?

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.

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Comment by Garnett Andrson

Thanks for this great article

Thanks for your comment Garnett Andrson, have a nice day.
- Florine Fuson, Staff Member

Comment by poritE

Thanks for this interesting article

Thanks poritE your participation is very much appreciated
- Florine Fuson

About the author

Florine Fuson

I've studied sociology of generations at University of Arkansas at Monticello in Monticello and I am an expert in computational statistics. I usually feel lethargic. My previous job was maintenance supervisor I held this position for 7 years, I love talking about cooking and hooping. Huge fan of Matt LeBlanc I practice triathlon training and collect sports cards.

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