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What is a Trademark? | How to Renew a Trademark ? | Trademark Renewal Process in India - Enterslice
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If you are interested in retaining the rights of the #RegisteredTrademark, then #TrademarkRenewal is something that you must do at the earliest before it expires.
What is a #Trademark?
The chief purpose of a Trademark is to distinguish the products/services delivered by the trader/enterprise from those offered by other traders/enterprises. Therefore, a Trademark is a crucial element of any company or business. It identifies a trader and communicates to customers that the products/services manner the mark come from a notable source, differentiable from all other sources for those products or services. Trademarks are protected by #IntellectualPropertyRights.
Trademark Renewal
The Registration of a Trademark is the most important feature for the Company. After the Company incorporation, the Registration of Trademark of the Company with the Registrar of Trademark must be done. The Registration of Trademark is valid for duration of 10 years only.
Therefore, the authorized #Company need to renew the Trademark from time to time in order to retain the rights of the Trademark linked with the Trademark. In case the Company fails to apply for the Trademark Renewal, then the Company can apply for Restoration of Trademark. The Renewal of Trademark supports the authorized owner of the registered Trademark to keep the Trademark lasting and permanent. In #India, the Trademark renewal can be done as many times, and for how many years the owner of the registered Trademark wishes to keep the status active and registered for the same.
Benefits of Trademark Renewal
• The Trademark Renewal in India will promise continuous and unhindered protection of the #Brand Name from the other competitors in the market. There will be an actual loss of legal protection of the Brand Name if the time period to file for the application of Renewal has lapsed.
• Protection from any Frivolous Litigation
The time to time, #TrademarkRenewalinIndia will save the possibility of any kind of frivolous Litigation on the authorized owners of the Trademark. The Renewal makes it impossible for any other person to claim the rights on the Trademark other than the authorized owner of the Trademark.
• Ownership Rights Extension
The applicant is authorized to avail protection from the Infringement of Trademark in India. The Trademark Renewal in India extends the exclusive rights of the authorized owner over the registered Trademark for a time period of 10 years after each Trademark Renewal in India.
• Monetary Returns
The owner of a registered Trademark in India has the exclusive rights to assign or license the Trademark to someone else. The Trademark Assignment and license of a Trademark are given to someone else in return for some kind of monetary compensation to the authorized owner of the registered Trademark. The owner can thus, make a certain amount of profit from the registered Trademark in India.
Consequences of Failure to Comply with the Trademark Renewal Requirement
In case if the application for Trademark Renewal in India is not filed, or the prescribed fees for the same is not paid by the registered owner of the registered Trademark, the Registrar is authorized to remove the Trademark from the Register of the Trademarks.
Before the removal of the Trademark from the Register of Trademarks, an advertisement of the intention of Registrar to remove the registered Trademark from the Register of Trademark is required to be done in the Journal of Trademark.
The failure to renew the registered Trademark not only affects the authorized owner of the Trademark but also affects the other person who is either assigned or licensed with the registered Trademark.
The Non-Renewal of the registered Trademark also weakens the #legal position of the authorized owner of the Trademark.
The Trademark Registration gives the benefit of exclusiveness to the authorized owner of the Trademark. The Registration of Trademark protects the authorized owner from the Infringement of #TrademarkClaims.
Documents Required
PAN Card of the Applicant
Address Proof
A Power of Attorney by the Attorney of the Applicant
The Certificate of Trademark Registration issued by the Registry of Trademark
The application filed by the applicant for the Registration of Trademark with the Registry of Trademark.
Want to know more about #Enterslice
What is a #Trademark?
The chief purpose of a Trademark is to distinguish the products/services delivered by the trader/enterprise from those offered by other traders/enterprises. Therefore, a Trademark is a crucial element of any company or business. It identifies a trader and communicates to customers that the products/services manner the mark come from a notable source, differentiable from all other sources for those products or services. Trademarks are protected by #IntellectualPropertyRights.
Trademark Renewal
The Registration of a Trademark is the most important feature for the Company. After the Company incorporation, the Registration of Trademark of the Company with the Registrar of Trademark must be done. The Registration of Trademark is valid for duration of 10 years only.
Therefore, the authorized #Company need to renew the Trademark from time to time in order to retain the rights of the Trademark linked with the Trademark. In case the Company fails to apply for the Trademark Renewal, then the Company can apply for Restoration of Trademark. The Renewal of Trademark supports the authorized owner of the registered Trademark to keep the Trademark lasting and permanent. In #India, the Trademark renewal can be done as many times, and for how many years the owner of the registered Trademark wishes to keep the status active and registered for the same.
Benefits of Trademark Renewal
• The Trademark Renewal in India will promise continuous and unhindered protection of the #Brand Name from the other competitors in the market. There will be an actual loss of legal protection of the Brand Name if the time period to file for the application of Renewal has lapsed.
• Protection from any Frivolous Litigation
The time to time, #TrademarkRenewalinIndia will save the possibility of any kind of frivolous Litigation on the authorized owners of the Trademark. The Renewal makes it impossible for any other person to claim the rights on the Trademark other than the authorized owner of the Trademark.
• Ownership Rights Extension
The applicant is authorized to avail protection from the Infringement of Trademark in India. The Trademark Renewal in India extends the exclusive rights of the authorized owner over the registered Trademark for a time period of 10 years after each Trademark Renewal in India.
• Monetary Returns
The owner of a registered Trademark in India has the exclusive rights to assign or license the Trademark to someone else. The Trademark Assignment and license of a Trademark are given to someone else in return for some kind of monetary compensation to the authorized owner of the registered Trademark. The owner can thus, make a certain amount of profit from the registered Trademark in India.
Consequences of Failure to Comply with the Trademark Renewal Requirement
In case if the application for Trademark Renewal in India is not filed, or the prescribed fees for the same is not paid by the registered owner of the registered Trademark, the Registrar is authorized to remove the Trademark from the Register of the Trademarks.
Before the removal of the Trademark from the Register of Trademarks, an advertisement of the intention of Registrar to remove the registered Trademark from the Register of Trademark is required to be done in the Journal of Trademark.
The failure to renew the registered Trademark not only affects the authorized owner of the Trademark but also affects the other person who is either assigned or licensed with the registered Trademark.
The Non-Renewal of the registered Trademark also weakens the #legal position of the authorized owner of the Trademark.
The Trademark Registration gives the benefit of exclusiveness to the authorized owner of the Trademark. The Registration of Trademark protects the authorized owner from the Infringement of #TrademarkClaims.
Documents Required
PAN Card of the Applicant
Address Proof
A Power of Attorney by the Attorney of the Applicant
The Certificate of Trademark Registration issued by the Registry of Trademark
The application filed by the applicant for the Registration of Trademark with the Registry of Trademark.
Want to know more about #Enterslice
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