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Trademark Renewal
Trademark acts as a distinguisher between the goods or services that are offered from other similar goods or services from a different business. A registered trademark cannot be registered if it is found offensive, lacks distinctiveness and contains government emblems.
However, it is necessary to renew trademark registration as it has a validity of 10 years. Trademark registration renewal can be done beginning from 6 months before the date of the expiry. A notice for trademark renewal is sent before the date of expiry.
If an individual still fails to renew the trademark then the registrar may remove the trademark from the Trademarks journal. But again this happens only after 12 months after the expiry date. Between 6 and 12 months after the expiry trademark registration can be renewed on payment of a fine through a process called restoration.
Documents Required for Trademark Renewal Online
Following documents would be required for Trademark renewal online
- A copy of the trademark registration certificate
- Power of attorney to represent the applicant
- Photo Id and address proof of the applicant
- Copy of application form of Trademark registration
Checklist for Trademark Renewal Online
The trademark should be registered, possessed by the proprietor and subject to renewal.
Conduct a Trademark search to make sure that there is no similar trademark.
Get a legal opinion for a feasible solution if there is a conflict of trademark.
Prepare an application for renewal and thereby comply with appropriate conditions.
How to Renew Trademark Online?
There are two kinds of renewal:
- Alteration and change of sign or logo of the registered trademark.
- made without any change of trademark.
Follow the simple steps for Trademark renewal online with LegalDocs
Login
Login to the LegalDocs Website and Click on Apply Now, Share your Contact Number.
Get in touch
A representative will get in touch to find out more about your requirements and explain the process and charges to you.
Documents And Payment
Upload the Documents and Make Payment
Approval
LegalDocs Experts will start working on your Trademark Renewal application
Delivery
Your Trademark renewal will be done for the next 10 years at the comfort of your home.
Restoration of Trademark
There can be times that a person forgets to renew their trademark in the given time period. No worries there is still an option available in such cases. In the case of failure to renew one can then try to restore a trademark. Restoration of a trademark is allowed by the Trademark Act, 1999 under Section25 (4) where it allows persons to apply for the restoration of the trademark.
Restoration can only be done within one year of the expiry of the registered trademark.
Restoration of a trademark includes an additional fee over the renewal fee of:
- 10,000 rupees if done by a person physically,
- or an additional 9000 rupees if done online.
Benefits of Trademark Registration in India
The basic reason for Trademark registration in India is to differentiate two goods which can belong with same category of business or also may differ. Trademark registration helps the trader or the business holder to get several rights and benefits.
There are few reasons why trademark registration is beneficial and important in India.
- Helps to differentiate goods from the competitors.
- It indicates the quality of the product.
- Helps to earn goodwill and establish a brand.
- The brand can serve as an important factor to grab the attention of the customer.
- Trademark registration can increase sales volume.
- Unregistered trademarks may affect your brand reputation.
What are the different Trademark classes
Trademarks are classified in different classes for goods and services. There are in all 45 classes of trademarks which are as follows:
LegalDocs provides free trademark class search tool where you can search a right class while appling for your trademark
Trademark class Search
LegalDocs provides free trademark class search tool where you can search a right class while appling for your trademark
Additional Read : Trademark and Trademark Class List in India
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Trademark Renewal FAQ FAQs
How to select a good trademark?
The trademark should be easy to speak, spell as well as easy to be remembered by everyone. The trademark should not consist of geographical name, common or personal surname. Avoid using big words or words which describe the quality of the product.
What is the function of a trademark?
The trademark contains four functions which are mentioned below:
Guarantees its unchanged quality.
Identifies its good or services at its origin.
Creates a different image for good and services.
It helps in the advertisement for the product.
Guarantees its unchanged quality.
Identifies its good or services at its origin.
Creates a different image for good and services.
It helps in the advertisement for the product.
Who can apply for Trademark and how?
Anyone who is claiming to become a proprietor and needs to use the trademark for his/her firm can apply for Trademark registration Online.
LegalDocs will help you to get the Trademark registration done in few simple steps.
LegalDocs will help you to get the Trademark registration done in few simple steps.
What are the different types of Trademark that may be registered in India?
An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
Letters or numerals or any combination thereof.
Any sort of name (including person or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
The right to the proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
Devices, including fancy devices or symbols
Sound marks when represented in conventional notation or described in words by being graphically represented.
Monograms
Combination of colors or even a single color in combination with a word or device
The shape of goods or their packaging
Marks constituting a 3- dimensional sign.
Letters or numerals or any combination thereof.
Any sort of name (including person or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
The right to the proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
Devices, including fancy devices or symbols
Sound marks when represented in conventional notation or described in words by being graphically represented.
Monograms
Combination of colors or even a single color in combination with a word or device
The shape of goods or their packaging
Marks constituting a 3- dimensional sign.
Who benefits from Trademark?
The one who has registered their Trademark can utilize various benefits, such as the registered proprietor can create, establish and protect their trademark, this person has entire rights to sue the person who has used the trademark illegally.
What are the benefits of a registered trademark?
Customers attraction will be increased with the symbol ®.
Sue the proprietor in case the registered trademark is used by some other firm illegally.
If two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
Sue the proprietor in case the registered trademark is used by some other firm illegally.
If two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
What is a source of trademark laws?
The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder.
International multilateral convention.
National bilateral treaty.
Regional treaty.
The decision of the courts.
Office practice reduced in Manuals and guidelines and rulings of the Courts
The decision of Intellectual Property Appellate Board.
Text books are written by academician and professional experts.
International multilateral convention.
National bilateral treaty.
Regional treaty.
The decision of the courts.
Office practice reduced in Manuals and guidelines and rulings of the Courts
The decision of Intellectual Property Appellate Board.
Text books are written by academician and professional experts.
What does Register of Trademark contain?
The register of trademark currently maintained in electronic form contains, the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred, the address of the proprietors, particulars of trade or other description of the proprietor, the convention application date (if applicable), where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights.
Can any correction be made in application or register?
Yes, few changes are allowed subject to the terms and conditions under Trademark registration.
Can a registered trademark be removed from the register?
Yes, it is possible to remove the trademark form the register.
What are the qualities of good Trademark?
The trademark should be easy to speak, spell as well as easy to be remembered by everyone. The trademark should not consist of geographical name, common or personal surname. Avoid using big words or words which describe the quality of the product.
Is the registration of Trademark mandatory in India?
No, Trademark registration is not mandatory in India, but it is advisable that the trademark should be registered to avoid duplication.
How is Trademark designated in India?
The trademark in India is designated as ® (for registered trademark), ™ (Unregistered trademark)
What does ® & ™ means?
The proprietor who has registered their trademark can use ® and the ™ defines that the trademark belongs to certain proprietor.
What can be registered as a Trademark in India?
Following mentioned are the marks that can be registered as a trademark in India;
Numerals
Names
Invented words
Letters
Devices
Shape of goods
Slogans
Sound mark
Signature
Numerals
Names
Invented words
Letters
Devices
Shape of goods
Slogans
Sound mark
Signature
Can 3 - dimensional (3- D) trademark be registered in India?
Yes, as per the Trademark registration, it is possible to register a (3- D) 3 - dimensional trademark.
Can sound and smell be registered as a trademark in India?
Yes, as per the Trademark registration, it is possible to register sound and smell.
Can a domain name be registered as a trademark in India?
Domain name is fine to become a trademark but when it comes to the entire URL its is not possible to put this.
Is it possible to have a descriptive trademark registered in India?
No, it is not possible to register a descriptive trademark.
What is a service mark?
The service mark is similar to the trademark, just the difference is that it defines the service by it.
What is a collective mark?
A collective trademark is used by a particular organization and the members of this organization use it as an identity.
Who can apply for a trademark application in India?
A trademark application can be applied by anyone in India, the person should be the one who needs to claim for trademark registration.
Whether foreigners apply for trademark registration in India?
Yes, the foreign proprietors can apply for Trademark registration in India.
Can the multi-class application be filed in India?
Yes, it is possible under Indian Trademark law where the multi-class application can be filed.
Which trademark cannot be registered?
Following are the Trademark which cannot be registered:
If the mark is confusing.
The content of the Trademark should not hurt any religious susceptibilities.
No offensive content should be included in it.
If the mark is confusing.
The content of the Trademark should not hurt any religious susceptibilities.
No offensive content should be included in it.
What are the benefits of a registered trademark as compared to unregistered trademark?
The action of violence lies against the person in case a registered trademark is used by some other firm.
Is a trademark renewal application examined in India?
Yes, the trademark renewal application is examined in India.
How long does it takes to get a trademark registration in India?
It may take one or two years for completing the process of trademark registration in India.
Can a registered trademark be amended at a later date?
Yes, Under section 22 of Trademarks Act, a registered trademark can be amended at a later date.
Can a Trademark be renewed?
Yes, it is possible to renew the trademark, but certain charges will be levied.
Where can we search for registered Trademark?
A trademark search can be done on “Public search” website.
Do Trademark expire?
Yes, as per the laws the Trademarks do expire within 10 years, therefore the proprietor needs to apply for renewal.
What is a “Wordmark”?
A wordmark is usually a distinct text-only typographic treatment of the name of a company, institution, or product name used for purposes of identification and branding. Example Coca-Cola.
Why should I search if the Trademark office will do it for me?
The searching of Trademark for the unique name will be on your risk, in case the name will be existing then the registration might be discarded. In some cases, the existing owner of the trademark might file a complaint.
Is there any restriction using competitors trademarks?
Yes, it is totally restricted to use competitors Trademark.
What is the right time to register a Trademark?
You should complete the registration process for Trademark as soon as possible, it will help you to protect your brand and avoid duplications.
What class should I choose?
There are in all 45 classes while selecting a specific class you need to analyze the product and understand its type. Mention the same type in which the product lies.
Should I register my company’s name or logo?
It is not possible to submit the company name as well as the logo at the same time, therefore you can do the multiple filing in such cases.
Can I trademark my name?
Yes, it is possible to register your name in Trademark registration for your firm.
What happens if someone else uses my Trademark?
It is not possible to avoid using the trademark if the business differs but if any of your competitors have used the existing registered trademark then you can stop him from using it.
What is geographical identification?
Geographical identification is a name or design of the product which helps to identify from where the product is originated.
Do all countries protect unregistered or common law Trademark?
No all countries protect unregistered or common law trademark.
What is the convention priority?
Convention priority allows you to file trademark applications in foreign countries or regions within six months of filing in your home country and have the foreign application treated as if it were filed on the same date as your original application.
Is the Trademark allowed outside the jurisdiction where it is registered?
No, the trademark is not allowed outside the jurisdiction where it is registered.
What can I trademark?
Brand name, logo, design, sound, slogan etc can be a trademark.
How do you register a Trademark?
Visit LegalDocs website and get every detail regarding Trademark registration.
How can I get Trademark in India?
Visit LegalDocs website and get every detail regarding Trademark registration.
Can a Trademark be transferred from one person to another?
Trademark owner can transfer his rights with respect to his trademark either by way of assignment or by licensing.
Can I sell my Trademark?
The Trademark can be sold or the ownership will be transferred as the renewal of the trademark is done.
Can you buy Trademark?
Yes, as the process of trademark registration is vast, it is possible to buy someone’s registered Trademark.
Can I use a dead trademark?
Even though the mark is dead, it cannot be used without registration, therefore even it is a dead trademark the mark needs to be registered before use.
What are the common law trademark rights?
An unregistered or common law trademark is an enforceable mark created by a business or individual to signify or distinguish a product or service.
What does Trademark status abandoned mean?
The trademark status dead or abandoned means, the trademark is dead or no longer in use. It means that it might not have referred by the examiner.
How do copyrights, patents, and trademarks differ?
Copyrights protect a specific term or expression, Trademark protects the brand, Patents helps to protect an invention.
What is the difference between Trademark ™, Registered ®, Copyright ©?
Trademark ™ is typically a word, name, symbol, Registered ® means there is a validation for the Trademark and has been registered, Copyright © is a legal term used to restrict from the usage of a specific existing term.
Is it possible to register a Trademark internationally?
Yes, it is possible to register a trademark internationally.
How soon should I apply for Trademark registration?
The trademark registration should be done as soon as possible to avoid duplication.
What is the difference between a brand name and a trademark?
The brand name and trademark are different but people get confused with them. For example, Nike Swoosh is a registered Trademark but the brand name is Nike.
Is there any online procedure in India to apply for Trademark?
Visit LegalDocs website and get detailed information for the registration and the procedure for registering trademark.
Can acronyms get trademark protection?
Yes, it is possible to register an acronym as a Trademark, it can be considered as one f the unique trademarks.
How do I sell a Trademark?
An applicant requires specific documents and need to follow a few terms for the assignment of Trademark.
Is Trademark registration compulsory in e - commerce?
No, it is not mandatory to register Trademark in E-commerce.
Which class falls for mobile app Trademark registration?
The class-2, class - 9, class - 42 will be required for mobile app trademark registration.
Which class falls for mobile cover trademark registration in India?
Class - 9 falls for mobile cover trademark registration in India.
What can be done when a company opposes your trademark registration?
In case the trademark is opposed you need to the applicant needs to provide proof in support of the opposing, and later on you will have the opportunity to reply on the same.
How does IPTMO decide a trademark registration date?
The IPTMO (Indian patent Trademark office) finds whether the trademark is registrable or not, in case it is then it will be registered successfully.
Can IPTMO refuse trademark registration if it is found to be offensive?
Yes, the IPTMO has every right to refuse the Trademark in case it is found offensive.
How can I protect my Trademark in India?
Visit LegalDocs website and apply for Trademark registration, you will find the easiest and efficient service from us.
Can a business be operated with a rejected Trademark?
It is not illegal to run the business without registration of Trademark, but it is necessary to protect the Trademark.
How many days will it take to renew a Trademark?
It will take 6 months or more for completing the renewal of Trademark.
How do I register a trademark in India without taking any help from an agent?
LegalDocs will help you to register your trademark with easy procedure. Here you don’t need to visit any agent, just rest at home and complete the entire registration procedure.
How do I sell my Trademark in case I don’t know it’s value?
You should be aware of the value of your business and objects, according to that you can analyze the price for your trademark.
Is the trademark registered in India, valid worldwide?
No, the Trademark registered in India is not valid worldwide.
How do I register a logo in India?
LegalDocs will help you to register your trademark with easy procedure. Here you don’t need to visit an agent, just rest at home and complete the entire registration procedure.
Can a foreign trademark be used in India?
No, a foreign trademark cannot be used in India, as a registered Trademark has specific locations where it can be used.
How to check Trademark application status?
You can check the trademark registration status on http://ipindiaonline.gov.in/eregister/eregister.aspx.
How to get a trademark?
Trademark registration can be done with the help of LegalDocs website. The expertise will help you with the entire procedure of getting trademark.
How to check trademark availability?
You can visit Trademark search website and check the trademark availability online.
