Trademark Duration and Validity
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.
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.
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