Simple Methods To Keep A Trademark Registration Alive in India

Since they shield a company's interests from potential harm, trademarks are becoming more and more significant in today's society. They are a company's lifeblood and must be protected at all costs. A trademark is a symbol that enables the goods and services of one firm to be distinguished from those of another, in accordance with the definition of a trademark. It covers non-traditional trademarks like fragrance, taste, and color in addition to conventional trademarks like words, phrases, letters, numbers, and pictures.

The firm's renewal is crucial given the comprehensive protection and usage rights granted exclusively to the applicant through trademark registration. An officially registered trademark has a ten-year restriction period after which it can be perpetually renewed. The registrar provides a six-month window before the ten-year expiration of a trademark to submit for renewal. The trademark will be revoked when a notice is published in the appropriate publication if the user doesn't comply.

Basics of trademarks

Maintaining a trademark in India may be challenging if you are not familiar with the process or the law. There are a few straightforward steps you can take to ensure the legitimacy and protection of your trademark, though.

• Understanding what a trademark is and how it varies from other types of intellectual property is crucial to understand at the outset. A trademark is a symbol, design, or statement used to distinguish the goods or services of one firm from those of another. A word, phrase, emblem, or even a sound could be it. When a trademark is registered with the government, it is impossible for others to use the same mark to promote their own goods or services.
• Second, you need to use your trademark correctly and consistently. This entails utilizing it consistently and implementing it into all of your products and marketing collateral. If you change how you use your trademark, you can jeopardize its validity.
• Finally, you need to monitor how other people are utilizing your trademark. Others may be violating your rights even if you are not actively using your trademark. This can be done by performing standard internet and public record searches.

Exclusive Rights of Trademark Registration Owners

A trademark may only be used in connection with the goods or services for which the owner has registered the mark. It follows from this that you have the legal authority to forbid anyone from using your trademark without your permission.

You must use your trademark in connection with the goods or services for which it was registered in India in order to keep it active. Your trademark may be withdrawn from the registry if it is not used for five years.

You run the danger of losing the right to have your trademark registered if you let third parties use it without taking any steps to prevent it. It is essential to keep an eye on trademark usage and pursue the relevant legal remedies against anyone found to be doing so without your consent.

Web Addresses & Domain Names of Trademarks

Your online persona is your trademark. It's how online users recognize you and the goods or services you offer. It is crucial to choose a domain name and web address that appropriately represent your business as a consequence.

Keep the following in consideration while selecting a domain name or web address for the brand:

• The URL or domain name ought to be easy to remember and spell.
• Short and direct domain names and web addresses are preferred.
• The domain name or web address needs to be connected to your brand and company.
• The domain name or web address should not be confused with those of another company or brand.

You must register your trademark with India's Trademark Office after choosing a domain name or web address for it. You must renew your trademark registration every ten years in order to maintain your trademark status in India.

Trademark Registration Renewal & Its Importance

You must renew your trademark registration in India before it expires if you want to keep it active. A legal trademark normally has a ten-year shelf life. The owner of a trademark must renew their registration through the authorized procedure if they want to keep enjoying the benefits of their registered trademark. The owner has the option to renew their own trademarks every ten years because the trademark can be renewed indefinitely. Renewing a trademark registration has two options:

• If you want to change any character or phrase in an existing trademark, you can file for renewal; or
• Your license can be renewed without any modifications.

The main goal of trademarks is to provide the owner with special advantages through trademark renewal. A few advantages are:

The period of time a trademark is protected by trademark rights rises with each renewal of a registered trademark. The owner has the right to defend themselves from fictitious claims made by rival parties.

The continuation and uninterrupted protection of a variety of businesses' brand names against potential harm is ensured by the renewal of trademarks. The renewal strategy thereby preserves the brand value of the business.

By renewing trademarks, the owner gains the right to initiate any potential trademark infringement proceedings and pursue the appropriate remedies.

The registered trademark also offers the owner the chance to profit. The owner has the right to sell the trademark license to a third party in exchange for money.

Suggestions on How You Can Maintain The Trademark

You must take the necessary safeguards as a business owner to protect your organization's intellectual property, including trademarks. There are several ways to maintain your trademark in India and keep it in good standing.

Verify that your mark is being used consistently and as a trademark before anything else. This includes using it specifically to identify the source of your goods or services as opposed to using it in a general sense. In order to show that the mark is registered, you should also place the proper symbols next to it.

Second, keep an eye out for unauthorized trademark utilization by other parties and take the necessary measures. This entails sending cease-and-desist letters and, if necessary, filing a lawsuit.

Third, to keep your registration up to date, renew it every ten years. This will help maintain your trademark strong and stop others from claiming ownership of it.

Documents

The aforementioned papers are required for trademark renewal:

1. a duplicate of the trademark's registration certificate.
2. the applicant's photo ID and address verification
3. If the applicant is an authorized agent or representative, a power of attorney is required.
4. a duplicate of the application for trademark registration (Form TM-A that was utilised for filing the original application for registering a trademark.)

Process of Trademark Registration Renewal

The renewal process of Trademark registration follows the following steps:

Application Filing

• The owner or authorized representative must first submit the TM-R application form together with the required paperwork and payment.
• In addition to the renewal official fees mentioned above, additional surcharge fees must be paid if the owner submits the application within six months of the trademark's expiration.
• The filing should start six months before the expiration date because the renewal process takes several months.
• To warn the owner of the approaching expiration date, the trademark registrar must send them an RG-3 notification 1-3 months before to the expiration date. The notification is necessary, and the registrar won't be able to remove the expired trademark from the registers if the trademark office fails to deliver it.

Conclusion

To keep your trademark active, you must first become familiar with Indian trademark registration law and make sure you meet the requirements for registration. The trademark registry has the flexibility to offer a range of choices. The owner of the trademark may still seek for restoration even if he does not renew it. Therefore, the owner should take advantage of the registry's advantages to permanently protect their marks against infringements.

A growing area of intellectual property rights is trademarks. The function of a trademark is to enable a company's sign or word to be distinguished from those of other businesses. A trademark's registration ensures that its owner's brand is safeguarded from any potential harm. It is advised to renew & restore the trademark as necessary. A trademark can only be used for ten years. If the owner is enthusiastic, the agreement may be extended indefinitely for additional seasons.