You are currently viewing Post Trademark Registration Compliance

Post Trademark Registration Compliance

Loading

Last Updated on June 25, 2024 by Kanakkupillai

Establishing a trademark is just the first step in brand defense. Once trademark registration is obtained, owners of trademarks have numerous important legal responsibilities and compliance requirements to meet which will help to maintain the power and uniqueness of their mark. Ignoring these post-registration duties could have major consequences including harm to brand image, legal issues, financial fines, and maybe loss of trademark rights.

Trademark Compliance

1. Renew Your Trademark on Time

Usually good for ten years from the date of registration, trademarks in India have a Renewal of the registration before the end date ensuring the ongoing protection of your brand. Setting clear notes and staying on top of the renewal process is very vital as missing the renewal date may cause you to lose your brand rights. The renewed application must be sent in and paid for within the allowed six months before the end date.

2. Prove Your Trademark is in Use

Maintaining a current trademark registration means proving that the mark is being used for the products or services it covers in commerce. To demonstrate continuous use of the registered mark, trademark owners have to routinely provide proof—such as marketing materials or product samples—to the trademark registrar. Lack of this evidence of usage can cause the trademark registration to be canceled.

3. Monitor for Infringement

Trademark owners have a duty to constantly watch the marketplace for any illegal use of their registered trademark. This can be done through regular scans of brand records, market studies, and the use of professional trademark watch services. By staying watchful and quickly finding possible infringements, trademark owners can take proper legal action to protect their rights and avoid damage to their brand.

4. Expand Trademark Coverage as Needed

As a business grows and moves into new product categories or service offers, it is important to file additional copyright applications to protect the mark in those expanded areas. Updating the trademark example to represent changes in branding or packing can also help keep the power and identity of the registered mark.

5. Use the Proper Trademark Symbol

After a trademark is successfully registered, the owner needs to use the registered trademark symbol (®) instead of the common law trademark sign (™). Consistent and proper use of the ® sign helps avoid abuse and promotes the registered status of the mark, which is crucial for keeping legal rights and protections.

6. Maintain Accurate Records

Owners of trademarks have to make sure that all documents pertaining to their registered mark—including ownership, contact information, and other specifics—are current with the trademark registration. Reporting any changes—such as a change in ownership or address—quickly helps to preserve the integrity of the trademark records and guarantees that the owner may be reached readily for any significant issues.

7. Enforce Your Rights

If a trademark owner finds illegal use of their registered name, they have a responsibility to take suitable legal action to protect their rights. Consulting with a trademark expert is suggested to evaluate the infringement and decide the best course of action, which may include writing stop-and-desist emails, filing cases, or seeking other legal measures.

Consequences of Non-Compliance

Failing to meet post-registration standards can lead to major consequences:

  • Loss of property rights
  • Legal battles
  • Financial penalties
  • Damage to brand image

Conclusion

In conclusion, trademark filing is just the beginning of the path. Ongoing cooperation with post-registration standards is crucial for trademark owners to defend their business, avoid abuse, and ensure the continued protection of their intellectual property rights. Consulting with a brand agent can help ensure that all necessary steps are taken to meet these important responsibilities.

G.Durghasree B.A.B.L (Hons)

G Durghasree B.A.B.L (Hons) is a registered trademark attorney with extensive experience as an Advocate for a period of 8 years. She possesses expertise in trademark law, including trademark filing and trademark hearings. Additionally, she is skilled in contract drafting and reviewing, providing legal advice and opinions, particularly in the areas of Company Law, Insolvency and Bankruptcy Code (IBC), and Goods and Service Tax Law (GST). Her experience encompasses both litigation and non-litigation aspects of these laws.