Wednesday, 9 December 2015

Trademark Renewal



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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