Trademark is an essential part of Intellectual Property in India and is a complex one to understand. It provides exclusive rights to use a name, logo or symbol which identifies the products or services of a particular business. It is necessary to know the appropriate use of a registered trademark so that you are always secure of its protection.
The Intellectual Property in India is taken care by the Controller General of Patents, Designs and Trademarks. Once a trademark is registered it needs to be renewed after every 10 years so that the brand is protected from any unauthorised use.
Every entrepreneur needs to secure his/her brand name to be in the long run, and trademark registration forms a part of it. With trademark registration, comes the responsibility to prevent it from any infringement.
The renewal of a trademark is initiated to make sure the rights of the owner are restored, and no one can use any similar name, logo or symbol. After its successful registration, one needs to renew the same after 10 years failing which the trademark can stand abandoned.
One can apply for trademark renewal either before 6 months of expiration or up to one year after expiring of the trademark. However, it is always better to initiate the renewal process on time.
A renewal application is to be filed by the applicant stating the renewal of the respective trademark.
The application is submitted at the trademark registration office where the registrar will view the application and respond accordingly.
The fee for the renewal process depends on when you are applying. If the application is filed after the expiry of the trademark the charge for it will change.
Once the application reaches the registration office, the registrar reviews it according to the different trademark provisions.
At times, the registrar can raise questions in the application. In such a case a query letter is sent to the applicant to whom he/she has to reply stating the reason for the same.
The trademark is published in the trademark journal in case it is not opposed or objected to by any third party during the entire renewal process.
The renewal process is equally important as the trademark registration and helps to maintain an edge over the others in the market. It is certain that there is a time limit in the renewal process which can change the status of your trademark.