A ‘Trademark’ confers upon the user the exclusive right to use the trademark in relation with the associated business or service.The user can do so by using the symbol ® to indicate registered trademark so that if some other similar business tries to use similar looking trademark (name, symbol, etc.)then user can seek relief from such infringements with help of the government. Trademarks in India are registered by the Controller General of Patents Designs and Trademarks,Ministry of Commerce and Industry, Government of India. But the validity of the trademark lasts only for a maximum span of 10 years. You need to renew the registration of trademark before this validity lapses otherwise any other business can get a chance to apply for the same trademark and snatch your authority on it.
The Trademark renewal application should be submitted 3 to 6 months prior to expiration date of your trademark. If you fail to do so, the registrar of Trademarks will send you a reminder a few days before expiry of your trademark. If your trademark is renewed within the validity period then your Trademark is safe for use. You will be required to pay Trademark Renewal cost and submit company documents like identity proof, address proof, copy of registration certificate and trademark renewal application form.
In case you miss the deadline, you can still apply for renewal up till six months from the date of expiry. But the Trademark will be subject to opposition from other potential competitors who would want to seize the opportunity to gain brand value for themselves, and you will need to fight for your own trademark in the court. All this will attract extra costs in terms of late application fees, court fees and so on. And if you fail to apply for renewal of your trademark for one year from expiration date of your Trademark then the registrar of Trademarks will remove it from the register and it will result in abandonment. It means you will have no right over the said Trademark anymore which may result in revenue loss and loss of brand’s Goodwill that you would have established with hard work.
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