If you failed to renew your trademark on time, don’t panic! There are still a few things that you can do to protect your brand. In this blog post, we will discuss the options that are available to you and how to proceed with each one. We will also provide some tips on how to avoid this situation in the future.
How do I renew my trademark in India in points?
- Make sure that you are eligible to renew your trademark by confirming the validity of its registration in India.
- Check for any changes in the Indian Trademark Rules, 2017 before filing a renewal application.
- Obtain and complete the renewal form from your attorney or online from the official website of the Trademark Registry.
- Submit the filled application form along with the prescribed fees and proof of usage to the Trademark Registry either in person or by mail.
- Once submitted, your renewal application will be examined and then reviewed by a trademark examiner before being accepted or rejected.
- If approved, your trademark will be renewed for a period of 10 years and you will receive an official notification about the same.
- Finally, make sure to renew your trademark before its registration expires to avoid any legal issues or penalties.
By following these steps you can easily renew your trademark in India. It is important that you keep track of the renewal dates so that you do not miss any important deadlines. If you need any help with the renewal process, consult a lawyer or an expert in the field for assistance.
What happens if I don’t renew my trademark?
If you fail to timely file a renewal application, your trademark registration will become abandoned. When this happens, the public may use and register the mark freely without fear of infringement. Additionally, a third party could possibly challenge the validity of an existing registration if it is relied upon when enforcing trademark rights against them.
It is important to note that you may still be able to seek remedies against an infringer who used your mark prior to the expiration of the registration, but this will likely depend on the circumstances. Lastly, if you renew your trademark after it has expired, you could lose some rights such as priority or constructive use in commerce.
Can I renew my trademark if it’s expired?
Yes, you may be able to renew your trademark if it has expired. The process for doing so varies depending on the country in which your trademark is registered. In general, you will need to file a renewal application with the appropriate national or regional intellectual property office and pay any applicable fees. You should consult with a trademark registration consultant in Noida to filing any renewal documents, as the legal requirements will vary depending on your location. Additionally, you may need to provide evidence that you have been actively using the trademark during the period of non-renewal in order to successfully complete the renewal process.
How long does it take to renew a trademark in india?
The renewal of a trademark in India can take anywhere from three to six months, depending on the complexity of the application and any related procedures.
How often do I need to renew my trademark in India?
In India, trademark registration is valid for a period of 10 years from the date of registration and must be renewed thereafter. The renewal process should begin 6 months prior to the expiry date in order to avoid any disruptions with the registered trademark rights.
During this period, the owner of the mark can apply for a renewal by submitting Form-TM-R along with the requisite fee. Upon successful renewal, a renewed registration certificate will be issued and the trademark rights are maintained for another 10 years from the date of application of renewal. It is important to note that failure to renew your trademark within six months from the expiration may result in loss of exclusive rights associated with it.
