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Ownership Rights After Trademark Renewal

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Last Updated on May 22, 2024 by Swetha LLM

In business circles, trademarks function as a company’s identity, establishing its reputation for security. Providing legal protection for this identity card is similar to registering a trademark. Trademark renewal, nevertheless, becomes relevant after this protection expires.

A prolonged and expensive process is required to register a trademark. The owner of a trademark does, however, get a few important rights after registering it. The aforementioned rights are tenable, with the potential for renewal after that time. This illustrates that the right to stop the unauthorized use of a trademark is clearer for registered trademark proprietors than for unregistered ones.

What is Trademark Renewal?

In India, a trademark registration expires after 10 years. However, it can be maintained indefinitely by submitting an offline or online application for trademark renewal and paying the necessary renewal fees every ten years. This application must be filed within six months of the registration’s expiration date at the latest.

Since there are no limits on the number of times or years you can choose to maintain your trademark status active and registered, trademark renewal in India can help you retain your trademark for eternity and permanently.

Trademark Renewal Period

Before the 10-year window expires, trademark owners have a further 6 months to renew their trademark and continue to enjoy its benefits. If the attempt at renewal is unsuccessful, the Trademark will be terminated and the Registry will declare this in Trademarks journal.

Procedure for Renewing a Trademark

  • Submitting an application
  • Evaluating and Reassessing
  • Advertisement
  • Issuance of Certificate

If you’re planning on filing an application to renew a trademark, it’s crucial to speak with an attorney since each step may have distinct criteria.

Rights of Registered Trademark Owners

Only a registered mark has the authority to protect these rights. The exclusive right to use, sell, and provide licenses for intellectual property defines trademark ownership rights. In certain circumstances, they can be moved. To register for ownership rights, you must complete the trademark application with the necessary data.

The Trademark Authority provides trademark owners with a number of rights.

Now let’s look at each right individually:

  1. Exclusive Rights: Under section 28 of the Trademark Act, the Registered Trademark Owner has the sole right to use the Trademark for Commercial Purposes. This exclusive privilege ensures that the products or services are approved by a certain person or business. Nobody else has the authority to use identical marks for marketing purposes besides the owner.
  2. Legal Protection: The owner of a trademark is protected legally from piracy by trademark registration. The owner may potentially raise TM opposition during the registration for identical work produced by others in order to assert their rights and pursue legal action against infringement.
  3. Licenses and Assignments: In accordance with Section 38 of Trademark Law, the holder of a trademark is entitled to sell their trademark both legally and transfer it to another party for a period of time.
  4. Brand Reputation: Establishing a brand’s reputation requires having a registered trademark. It gives the company a unique personality and helps set a good or service apart from competitors. Being unique helps you to stand out from the line.
  5. Rights of Correction: In view of this, Trademark Owners may, in compliance with section 58 of the Trademark Act, 1999, alter any name, address, logo, class, and other information pertaining to their trademark.
  6. Extension of ownership rights: After the trademark for the brand name is renewed, one may profit from infringements on his or her ownership rights. It ensures the long-term safety of both the brand and the goodwill it creates.

The Rights of Unregistered Trademark Owners

An owner of a trademark has legal remedies against violation whether or not it is registered. The right to report and defend against third-party infringement is afforded to owners of unregistered trademarks.

By using passing-off, they are able to evade holding ownership of that particular brand or emblem. In this event, the owner is required to establish their identity and provide proof of previous usage. Even in the case that a trademark is not registered, they will still be the only single user of that mark if they can substantiate their claim.

Impact on Ownership Rights

Now let’s see why trademark renewals are important:

  1. Sustained Protection: By renewing your trademark, you make sure that you keep the sole right to use it in connection with particular products or services. The basis for the uniqueness of your brand is its exclusivity.
  2. Maintaining Goodwill: The reputation and goodwill that your business has accumulated over the years are closely associated with your trademark. You can maintain using this favourable reputation in the industry by renewing.
  3. Legal Protections: A renewed trademark is still protected by the law, so you may sue anyone who uses it without permission and keep others from stealing your ideas.
  4. Market Recognition: The duration of a product’s life on the market affects consumer recognition. Renewing Your brand conveys to consumers that your business is here to stay, which builds client loyalty and trust.

Set of Challenges in the process of trademark renewal

  1. Enhanced scrutiny: Trademark offices may give the mark further evaluation throughout the renewal process. Owners are responsible for fixing any problems brought up during this procedure and making sure the mark remains unique.
  2. Proof of Continued Use: A lot of countries demand trademark holders to provide evidence that their marks are still being used in commerce. As a result, careful documentation is necessary to prove the mark’s ongoing market existence.
  3. The Mark’s Evolution: Branding tactics change along with businesses. In order to accurately take into account any modifications and make sure the mark is in line with the current status of the firm, owners must carefully manage the renewal procedure.
  4. Global Considerations: Managing trademark renewals in several jurisdictions can be challenging for companies with a global presence. To maintain an effortless and all-encompassing protection strategy, owners need to be well-versed in each jurisdiction’s renewal requirements.

Conclusion

To sum up, Businesses must understand their ownership rights following a trademark renewal in order to protect their brand identification. Companies should always be knowledgeable about the process and the steps necessary to submit a suitable renewal application. Make sure to take the necessary protection against any violations and to maintain a close watch on any changes in the market that could affect the trademark.

FAQs

1. What are the legal rights of owners of trademarks?

Owners of trademarks are granted numerous legal rights, including protection from third parties, exclusive rights, assignable rights, and rights to correct. These rights assist a company in creating a unique commercial brand identity.

2. What distinguishes a registered trademark from an unregistered one?

Unregistered trademarks are not licensed by any authority, while registered trademarks are legitimately licensed by the government or the Trademark Management Organization (TM). This is the primary distinction between registered and unregistered trademarks.

3. Is there an extension of time after a trademark expires for renewing it?

Missing a deadline for renewing a trademark registration may have a positive outcome due to some positive news related to it. You have six months to register your Trademark without facing any penalties. A federal trademark registration can remain valid forever as long as the owner keeps the registration up to date, unlike patents, which have a limited duration.

4. When my Trademark is being renewed, is it allowed to make modifications?

Substantial changes to the mark might need a new application but, in some circumstances, minor adjustments might be permitted.

5. What happens when the ten years are up and my Trademark expires?

Owners can still restore their trademarks if they expire and are not renewed. This requires going through a renewal-like restoration process but with an extra penalty for the delay.

Swetha LLM

Swetha, LLM, a lawyer with skills in writing legal content, is passionate about simplifying complex legal concepts and engaging readers with her insights of nuanced legal ideas. She is able to preserve the accuracy of legal material while adjusting the tone and style to fit the audience.