The Process Of Trademark Renewal In India


Posted November 30, 2021 by biswajitsarkarlawfirm

The process of trademark renewal in India is an important process that gives the rights to the holder for 10 years.

 
Trademarks are legally protected graphical designs or marks that help people especially buyers and consumers to recognize the businesses and individuals with their produced goods or services. A business owner can register his or her trademarks from the trademark registry office located in various cities in India including Mumbai, Chennai, Delhi, Kolkata, and Ahmedabad. The insignia or business mark of any organizations, institutions, or individuals is protected and regulated by the Trademark Act 1999. After registering the trademark the business owner or holder gets a special right to use the trademark to present his products and services and also use the mark on their website, company letterhead, and other important documents. The registered trademark is a legally protected symbol to identify any business, its services, and goods. Therefore, it is protected by the law to prevent the misuse of the mark and to prevent the infringement of rights of the holder given to him by the Trademark Act 1999.

Trademark renewal in India has to be done by the holder every ten years. The trademark registrar provides the holder with a window of 6 months before the end of 10 years of time. After renewal, the holder can continue to enjoy the rights awarded to him. If the holder of a trademark fails to renew the trademark, the registrar has the legal obligation to issue an advertisement on the trademark journal announcing the removal of the trademark rights given to the holder. After the 10 years period, if the trademark is not renewed, the former holder of the trademark has the option before him to restore his trademark status. The holder has to pay a fine to restore or renew his trademark. The trademark registration provides the holder with many advantages and rights that are protected by the law. It allows the business organizations customer loyalty and long-term reputation. It also helps business owners to enhance the value of their business.

In order to carry out trademark renewal in India, the holder has two options before him. The holder can simply renew the trademark like the previous one. Or else, the holder can renew his trademark with changes and alterations. The form TM -4 has to be filled out by the holder for his trademark application. Moreover, the holders do not fill the application form on their own. The holder can authorize any person as an authorized representative to fill the application form. If any objection is filed by the opposition relating to the trademark, the applicants have to wait for the final decision. If the trademark application is approved by the authority then it will be published in the official gadget called the Trademark journal. After the publishing. The holder of the trademark gets the rights for another 10 years.

For more information visit us at https://www.biswajitsarkar.com/services/trademark
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Tags trademark renewal , trademark renewal in india
Last Updated November 30, 2021