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  • QC - TM Renewal

    Transféré par

    Shalini
    26 vues9 pages
    Trademark renewal as per section 2(s) of the Trademarks Act 1999 means and includes renewal of registration of a rademark, certification trademark or collective trademark as the case maybe. The registration of the trademark is valid for a period of 10 years and renewable every 10 years. An application for renewing a trademark registration can be filed at any time during the 6 months prior to the expiration of the registration/last renewal validity. Late renewal is also possible after the expiry and within 6 months from the validity date. A restoration of the registration is possible after 6 months but before 1 year from the validity date of the registration. The reason for which renewal is relevant is to protect the trademark from infringement in a better way. As unregistered trademarks are only protected in common law rights of trademark or we can say a limited protection is ensured under unregistered trademarks. On the other hand registered trademarks are protected and enforceable as per the Trademark Act 1999 and in case of infringements the aggrieved party can seek litigation as a relief in prescribed courts.

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    Trademark renewal as per section 2(s) of the Trademarks Act 1999 means and includes renewal of registration of a rademark, certification trademark or collective trademark as the case maybe. The registration of the trademark is valid for a period of 10 years and renewable every 10 years. An application for renewing a trademark registration can be filed at any time during the 6 months prior to the expiration of the registration/last renewal validity. Late renewal is also possible after the expiry and within 6 months from the validity date. A restoration of the registration is possible after 6 months but before 1 year from the validity date of the registration. The reason for which renewal is relevant is to protect the trademark from infringement in a better way. As unregistered trademarks are only protected in common law rights of trademark or we can say a limited protection is ensured under unregistered trademarks. On the other hand registered trademarks are protected and enforceable as per the Trademark Act 1999 and in case of infringements the aggrieved party can seek litigation as a relief in prescribed courts.

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    © All Rights Reserved
    Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    26 vues9 pages

    QC - TM Renewal

    Transféré par

    Shalini
    Trademark renewal as per section 2(s) of the Trademarks Act 1999 means and includes renewal of registration of a rademark, certification trademark or collective trademark as the case maybe. The registration of the trademark is valid for a period of 10 years and renewable every 10 years. An application for renewing a trademark registration can be filed at any time during the 6 months prior to the expiration of the registration/last renewal validity. Late renewal is also possible after the expiry and within 6 months from the validity date. A restoration of the registration is possible after 6 months but before 1 year from the validity date of the registration. The reason for which renewal is relevant is to protect the trademark from infringement in a better way. As unregistered trademarks are only protected in common law rights of trademark or we can say a limited protection is ensured under unregistered trademarks. On the other hand registered trademarks are protected and enforceable as per the Trademark Act 1999 and in case of infringements the aggrieved party can seek litigation as a relief in prescribed courts.

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 9

    Trademark Renewal

    INTRODUCTION TO TM RENEWAL

    A Trademark is valid for 10 years, the same would be removed from the register, if
    not renewed within 12 months of the date of its expiration.

    Exclusive Identification Legal protection Building up Trust/Goodwill


    It help establish a unique A registered trademark is It builds a quality in the minds
    identity and brand for your protected for a period of 10 of customer that is unique to
    goods or services years. your business

    Global Permits Protection from Infringement Asset Creation


    It can be used as the basis for It allows to take action or sue for It is a right that can be sold,
    trademark filing in other damages in case of any franchised or commercially
    countries if required infringement. contracted.
    TM RENEWAL COST BREAKWDOWN

    Renewal after 6
    Renewal within 6 Renewal within 6 months from the
    months before expiry months after the expiry expiry of registration
    Particular of registration of registration but within one year

    Government fee 9000 9000 9000

    Surcharge - 4500 4500

    Restoration charges - - 9000

    Professional fee 1303 1303 1303

    Service Tax 196 196 196


    DOCUMENTS REQUIRED

    Following documents are required for TM Renewal

    Tm renewal Power of
    form Attorney
    TM RENEWAL COST BREAKWDOWN

    Break down includes all Govt. Fees + Taxes

    Government Rs 9,000

    Surcharge Rs 0*

    Restoration Rs 0*

    Professional Fees Rs 1,270

    Goods & Services Tax Rs 229

    Total Cost Rs 10,499

    * Rs.4500 surcharge is applicable if renewed after the expiration of trademark.


    *Rs.9000 to be charged towards the restoration of a trademark if renewed after 6 months of expiration.
    PRICING

    Intellectual property are the rights provided by law for the exclusive use of
    creations of the mind. It includes Copyrights, Trademarks and Patents.

    TRAEMARK TRAEMARK TRAEMARK


    FILING RENEWAL OBJECTION

    6,299 10,499 2,799


    includes govt fees & taxes includes govt fees & taxes includes govt fees & taxes

    Check TM Availability Trademark Renewal Objection Filing

    File Trademark 2 Partners Objection Interview

    Update TM Status Low Compliances Objection Clearance

    LEARN MORE LEARN MORE LEARN MORE


    TM RENEWAL TIME LINE

    The Trademark Renewal process can be initiated either before or after the expiry
    of the Trademark registration.

    1-2 working days


    Application for Renewal

    1-1.5 months
    Renewal Certificate
    FREQUENTLY ASKED QUESTIONS

    What are the consequences for non-renewal of the


    Trademark within the time limit?
    The trademark would be removed from the register, if not
    renewed within 12 months of the date of its expiration.

    If a trademark is not renewed within due time and another


    company registers the same. Can the original owner
    oppose the registration?
    No, the original owner cannot oppose the registration of the
    trademark on the grounds of non-renewal.

    Can a trademark be removed on the ground of non-use?


    A trademark can be removed on the basis of non-use if it is not
    used for a continuous period of 5 years from the registration or
    not used for the period of 3 months before the date of
    application for removal.
    CONTACT
    INFORMATION

    info@quickcompany.in
    011-395-95858

    www.quickcompany.in

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