Concerned for the duration and validity of the trademark. Let us help you to understand it easily. The registration of a trademark is valid for a duration of 10 years. After that, it renews for another 10 years if you want to increase its validity.
Most importantly, a trademark registration online protects the rights of the owner. However, if the owner fails to renew it after the validity, he will lose all the protection that comes with registration.
Moreover, a registered trademark enjoys the legal presumption of ownership. Therefore, the burden of proof is on others to deny your ownership.
Types of Trademarks:
- Words and service marks.
- Shape marks.
- Logos and symbols.
- Collective marks.
- Series Marks.
- The Certification marks.
Trademark Renewal - Duration and Validity
Most importantly, submit the trademark renewal request within six months of the expiration date. Although, the trademarks registrar sends you a notice warning that your trademark registration is about to expire. The conditions and payment required for the trademark include in the renewal letter. However, if you do not get the registration or renewal specified, the Registrar removes it from the official Trademark Register.
The two options for renewing the trademark:
- Renewal application with no changes
- Renewal application with changes and alterations to any sign or words in the existing trademark
An authorized representative or agent files the TM-R form. Moreover, the registered owner of the trademark is not involved in any way.
The trademark is republished in the official Trademark Journal after the application is approved. Therefore, it will provide the owner with additional legal protection for their asset while also extending the duration of the trademark registration for another 10 years.
Trademark Renewal Deadline Missed - Duration and Validity
Don't worry if you miss the deadline for submitting a trademark renewal request. Nevertheless, if you fill it in the prescribed manner, you can file it within 6 months of the expiry date. However, there could be a late filing fee.
Trademark Registration Fees
For a company, the government fee for trademark registration is Rs. 9000 per application per class. However, for individuals, it is Rs.4500 per application per class to the government for trademark registration.
Renewal costs Rs 5000 in person and Rs 4500 via e-filing for MSME and individual start-ups. But, the renewal fee for each class is Rs 10,000 in person and Rs 9000 for e-filing under Section 25 for others.
Online Trademark Registration
Most people prefer online form filling because it is less expensive. Most importantly, there are additional perks such as:
- Renewal is completed more quickly and efficiently than in person.
- Filing is simple and convenient.
- Track your trademark status regularly online.
Benefits of Trademark Registration
Brand Uniqueness- A trademark ensures that no one else is using your identity, contributes to your brand's uniqueness. Moreover, your customers will easily recall your brand, increasing repeat sales.
Increasing customer trust- By registering your distinctive logo, you increase the value of your brand's trustworthiness.
Protects your brand- If you have a registered trademark, it prevents others from using your design and goodwill.
Future-proofing- The value of your trademark increases as your company grows over time.
Every national trademark registration has an end at that particular country’s boundary, therefore for International Trademark Registration Online in India; you have to file for separate trademark registration under multiple countries.Benefits of International Trademark RegistrationLegal ProtectionInternational Trademark registration helps you in protecting your trademark legally, as you'll sue someone for any infringement doubt.
Hence it's always important that before choosing the legal thanks to battle against infringement, register your mark whether it's a word, phrases or slogan, or logo.Business OpportunityTrademark acts as an intangible asset and paves a good path for the growth of your business or brand.
Successful trademark registration provides your business with a chance to realize more profit and fame like brands like Adidas or McDonald’s have gained extra money through licensing and franchising agreements.Unique IdentityThe registered brand or product gets global recognition through international trademark registration.Beneficial For Online Business OperatorsInternational Trademark Registration plays a vital role in the growth and development of the online or e-commerce business.
If you own a trading business via online then somehow it leads your business in the right way as it is available to international consumers all around the world.Changes and RenewalThe validity of the International Trademark Registration process is about 10-years from the date of filing.
In case any infringement happens while importing or export, then you have all right to take legal action on such infringement.Requirements for Obtaining International Trademark RegistrationThere are three main requirements for obtaining a world trademark registration in India:The applicant should be a national of India or domiciled in India or have a real and effective business or commercial establishment in India.The applicant must have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry.
The international application will have an equivalent trademark as mentioned within the national trademark application or registration; The list of products and services mentioned within the international application should also be identified with the national mark.The applicant in the international application must choose one or more other member countries of the Madrid Protocol, where the applicant wants to protect his trademark.Procedure for Filing International TM ApplicationInternational application in each foreign country To file a world application under Madrid protocol through India the applicant must be an Indian national or domiciled in India or the applicant has a real or effective business or commercial established in India.
