A trademark is a sign that distinguishes the goods or services of one enterprise from those of other enterprises. A trademark can be a word, phrase, logo, image, or combination of these elements. The term of trademark registration is ten years, renewable for successive 10-year periods. To renew a trademark registration, the owner must file a request with the trademark office within six months before the end of the current registration period.
Suppose the owner does not file a request for renewal of the trademark in India within these six months. In that case, the registration will expire, and the trademark will become available for others. When renewing a trademark registration, the owner must show that the trademark is still in use or that it is still intended to be used in the future. If the trademark is no longer used, the owner may be required to explain why this is the case. The owner of a trademark registration can renew it as often as desired as long as the trademark remains in use.
Did You Know? The registration of a trademark is valid only for ten years, and it can be renewed from time to time.
What is Trademark?
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one manufacturer or seller from those of others. A service mark is a word, phrase, symbol, or design that identifies and distinguishes the source of a service rather than goods. The term "trademark" is often used to refer to trademarks and service marks. Trademarks can be used on their own or as part of a trade name or logo, and they are usually registered with the government to get legal protection.
There are different types of trademarks, including:
- Word marks are words or phrases, such as "Coca-Cola" or "Intel."
- Symbol marks are logos or other designs, such as the Nike swoosh.
- Colour marks are used consistently to identify a product, such as pink for Barbie.
- Sound marks are sounds that identify a product, such as the NBC chimes.
When an application to register a certification trademark is filed, the Indian Trade Marks Registry must determine whether the application meets the necessary requirements under Indian law, such as determining whether the certification trademark is capable of distinguishing certified goods or services from those that are not. Once the Registry is satisfied that the legal criteria have been met, the application will be published in the Trade Marks Journal.
For the next four (4) months, any third party may object to the application. The certification trademark will be registered if there is no opposition or if the opposition action is ruled in favour of the applicant. A certification trademark is registered for ten (10) years.
Suppose an offended party petitions the Registrar, the registration of a certification trademark might be cancelled. However, the grounds for cancelling a certification trademark differ from those for cancelling a trademark. According to Indian law, the Registrar has the authority to cancel the registration of a certification trademark or modify the draught regulations on any of the following grounds:
Also Read: What Are Trademark Classes? Explained in Detail Along with Trademark Class List
Importance of Renewal of Trademark
A trademark is a word, phrase, design, or other symbol used to identify a product or service and distinguish it from those of other manufacturers. Over time, a trademark can become synonymous with the product or service it represents. When this happens, the trademark is said to have acquired "secondary meaning."
A trademark can lose its secondary meaning and become generic. This happens when the public begins to use the trademark to refer to the product or service rather than the manufacturer. Once a trademark becomes generic, it can no longer be enforced and is said to be "abandoned."
Abandonment can also occur when a trademark owner stops using the mark. To keep a trademark alive, the owner must continuously use it in commerce. If the owner stops using the mark for an extended period, they may be accused of "abandoning" the mark.
Abandonment is often raised as a defence in trademark infringement cases. If a defendant can prove that the plaintiff has abandoned the trademark, the plaintiff will be unable to enforce it.
Abandonment is also a ground for the cancellation of trademark registration. If a trademark registration is cancelled, the trademark will no longer be enforceable.
There are several ways to avoid abandonment of a trademark. The most important is to use the mark continuously in commerce. If you stop using the mark, you may be accused of abandonment. You should also avoid generically using the mark. You may be charged with generic use if you use the mark to refer to the product or service rather than the manufacturer.
Finally, you should avoid using the mark in a way that suggests it is generic. You may be accused of generic use if you use the mark in a way that suggests it refers to the product or service rather than the manufacturer.
Also Read: What are the Types of Goods under Trademark Class 8?
The Benefits of Trademark Renewal
There are several benefits of renewing your trademark. Some of them are listed below:
1. A trademark renewal will continue to protect your brand and give you exclusive rights to use it.
2. Renewing your trademark will ensure that it remains registered and in good standing with the trademark office.
3. A renewed trademark will also allow you to keep using it indefinitely, as long as you renew it every ten years.
4. Trademark renewal will help you enforce your rights if someone tries to use your trademark without your permission.
5. Renewing your trademark can also help keep your website and other online assets safe from cybersquatters.
6. It shows the world that you are still actively using and protecting your brand. This can help build customer loyalty and trust.
Restoration of Trademark
A trademark is a unique identifier a business uses to distinguish its products or services from its competitors. In India, trademark registration is governed by the Trademark Act of 1999. The Act provides for the registration of trademarks, defined as "any mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others."
The term ‘restoration’ concerning a trademark means re-registering a trademark removed from the register due to non-use. To restore a trademark, the owner must apply with the Registrar of Trademarks and the prescribed fee. Upon achieving proven adequate credibility, the user gets a trademark renewal.
The grounds on which a trademark can be restored are as follows:
- The trademark has been removed from the register due to non-use for five years or more.
- There are proper reasons for the non-use of the trademark.
- The trademark was in use at the time of removal from the register.
- The use of the trademark has been resumed after the registration removal.
- The trademark was registered for goods or services that are different from those for which it was in use at the time of removal.
- The trademark owner has applied for the trademark restoration within one year from the removal date.
Also Read: Chemical Products Under Trademark Class 1
The trademark registration process is long and detailed, but it is ultimately worth it. A registered trademark is a valuable asset to a business, and it is essential to renew it yearly to keep it active. Once you have restored your trademark, you can rest assured that it is protected and can be used to help promote your business. The process of trademark renewal is essential in maintaining the strength and validity of your trademark. By renewing your trademark, you are essentially re-registering it and ensuring it remains in force. The process of trademark renewal can be complex, so it is essential to seek the advice of a qualified trademark attorney.
Follow Khatabook for the latest updates, news blogs, and articles related to micro, small and medium businesses (MSMEs), business tips, income tax, GST, salary, and accounting.