Trademark is a registration which is taken by the business for distinguishing the goods or services which are catered or sold by them from the one’s sold by the rival or competitors in the market or the same industry. But it should be ensured that these trademarks are free of:
If any of the above is contained, then the registration application for the trademark will be rejected. The registered trademark will be holding the validity for only 10 years and will have to be renewed prior to that. The renewal gate shall be open 6 months prior to the effective date of expiry.
A product or service that has been marketed under a brand registration trademark aids in building up trust, quality, reliability, and goodwill in the customer’s mind. It provides you with a unique identity compared with other sellers particularly when you trade it on online platforms like Flipkart, Amazon, and so on.
On the failure of the trademark registration holder to renew such registration, the trademark will be removed from the register of trademarks or the Trademarks Journal after the expiry of 12 months from the date of expiry. The registrar shall also send a notice remarking the expiry of the trademark prior to the date of expiry. And the renewal can also be done within a period of 6 to 12 months after the date of expiry by payment of the fine.
Trademark Renewal – Checklist
The trademark renewal in India can be either a change to be made to the logo or emblem of the trademark registration or it can be made without any change made to the trademark.
The procedure for renewal of trademark would include the following:
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Answered by our experts
This helps the entity gain an asset in the form of the logo or the emblem connected with their name distinguishing their products and services from that of the rival companies. And for ensuring this is available to them, the renewal of the trademark should have complied with every 10 years of existence.
The entity or the trademark holder can apply for renewal at least 6 months before the date of expiry. Say the expiry of the trademark registration is 31 st of December 2021, then the entity can apply for the same from 1 st of July 2021.
Yes, it can be restored within a maximum of 12 months from the date of expiry. Say the expiry of the trademark registration is 31 st of December 2021, and then the restoration window shall be valid up to 31 st December 2022.