The registration of a trademark registration is valid
only for a period of 10 years. After which, it can be renewed from time to
time. Renewal of a trademark preserves those rights which are only available to
a registered mark. In case the proprietor fails to renew the trademark, then he
shall lose all the protection that comes along with registration. For example,
a registered trademark has the benefit of legal presumption of ownership. That
means that the burden of proof is on others to try and disprove your ownership.
Trademark Renewal Services- There should be
proper watch over the trademark rules and regulations in order to get over with
smooth manner. If you fail to get its renewal; then your registered trademark
would get open to the world where anyone can be copied or can make use of it
without your consent. Trademark can be renewed before or after the expiry of
trademark registration application. If you renew before the expiry period then
it would be easy to go with all the process; as renewal after the expiry period
brings additional fees along with other rules and regulation that somewhere
seems hectic and complex on your part. After expiry you will get 6 month of
grace period where you can apply for trademark renewal. Simply by filing an application
and submitting with required legal forms along with trademark renewal fees you
can make your trademark alive again.
Consequences of failure to renewal- The consequences
of not renewing the trademark are severe. In case no application for renewal has
been filed, or in case no fee for renewal has been paid by the proprietor, the
Registrar will have to remove the mark from the register. Before removing the
trademark, the Registrar shall first advertise his intention to remove the mark
by advertising the notice to remove in the trademark journal.
Failure to renew affects not just the
proprietor but also all those people who are either assigned or licensed the
trademark. It also affects your legal rights, by not renewing your trademark,
in effect weakens your legal position. A registered trademark has the benefit
of exclusiveness. Registration protects you from infringement claims. However,
the most important benefit of renewal is that it deters other people from using
your mark.
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