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26
Sep
16
Unregistered Vs Registered Trademarks

Trademark 

A trademark is a sign, symbol, word, or words registered or legalized for the use of representation of a company’s product or services. Hence, any tamper or illegal use of this trademark by any other company it does not belong to, gives the authorized company the right to legal action – making trademark of a company the most important feature of its existence. 

Once a company is formed, it must register its trademark with the Registrar, which is valid for ten years only, as it has it own benefits. 

Broadly there are trademarks can be categorized into two kinds – the registered trademarks and the unregistered trademarks. 

Registered Trademarks and Unregistered Trademarks 

  • A trademark after going through the registration procedure is entered in the Trademark Register. Such a trademark is known as registered trademark. Whereas, a trademark that is not registered with the Trademark Registrar is known as an unregistered trademark.
  • Registered trademark is assured to have legal rights especially giving the applicant the ownership of the trademark. Unregistered trademark does not possess any legal benefits. However, an unregistered trademark is recognized through common law.
  • If a trademark is registered, the owner has the benefit of the exclusive rights of use, sell or trade of the trademark. Unregistered trademark has no such exclusive rights and is open to use by public, unless proved otherwise.
  • It is necessary to prove the ownership of the trademark if it is unregistered, in ways of goodwill or reputation of the trademark with regards to product or service for which it is used. If a trademark is registered, the burden of proof lies with the competitor of the owner of the trademark.
  • Once a trademark is registered, the trademark can use the symbol encircled ‘R’ displaying the legal ownership of the trademark. An unregistered trademark can be protected without registration by using the symbol ‘TM’. This symbol displays the notice of your rights without registering the trademark. 

Despite the common law benefits that an unregistered trademark possesses, it is highly advisable to register the trademark to gain the legal benefits in case of any infringement or theft. A registered trademark gives the user or then owner the competitive edge and stands high chance of favor from the law.

If you are looking to register trademark, email us at This email address is being protected from spambots. You need JavaScript enabled to view it.

05
Aug
16
How to renew a trademark in India

Trademark once register is valid for another 10 years. After 10 years, you have to apply for renewing your trademark otherwise; there could be serious repercussion if one fails to renew the trademark.

Trademark renewal is necessary to avail your exclusive right which you have been bestowed with at the time of registration of the trademark. To get the continues protection, trademark registration is very important so that no other person can claim the rights to your trademark.

Therefore, you have to track and keep records over trademark so that you can timely file your trademark application without any delay. It is always advisable to renew trademark before trademark expires otherwise there are extra formalities which you have to do.

Renewal process is very easy in India

Process to renew Trademark:

  1. File renewal application in form TM-12 along with a power of attorney in form TM-48.
  2. Pay the government fees.
  3. After due verification by the Registrar, your trademark is renewed for another period of 10 years.

Now, Trademark renewal application in India can be filed online which saves considerable time which makes this tedious process hassle free. Such trademark application can be filed by proprietor or trademark agent. One thing which you should remember that trademark renewal application must be filed within 6 months before the expiry date. The Registrar also sends the reminder notice to the owner of the Trademark before 2-3 months of the expiry date.

If trademark renewal fees have not been paid at the expiration of last registration, the registrar may remove the trademark from the register and advertise this fact in the journal.

Even if you forget to renew you trademark, still you have a chance to get you trademark back. This process is called trademark restoration.

When the mark is removed by the examiner from the trademark register, then this fact is also advertised in the journal. One thing you should remember that your mark is not removed from the register if the application is filed within 6 months after the expiration of last registration.

The procedure to restore your expired trademark is not tedious thing; you just require to send Form TM 13 and a signed written statement stating the reason why renewal is not done in time. But sometimes, it may happen that the registrar is not satisfied with the reasons and remove the mark from the register.

So, you must manage you trademark portfolio very well so that you can timely apply for renewal and keep alive trademark.

08
Jun
16
Trademark Restoration

A registered trademark is valid only for 10 years which can be renewed for another term of 10 years, but there may be cases where trademark owner fails to renew it on time.

So, if you forget to renew your trademark then the Registrar remove your trademark from the register of the trademark. But, don’t worry, if you want to put your trademark again on trademark register then you can file an application in the prescribed format. This whole process is called “Trademark restoration”.

When the Registrar removes the mark from the register, then this fact is also advertised in the journal. One thing you should understand that your mark is not removed from the register if the application is made within 6 months after the expiration of last registration.

When the expired trademark is restored, then a notice must be sent by the Registrar to the trademark owner to intimate about restoration and must also be advertised in the official journal.

After advertising the same, the Registrar invites for objection, if any. If the registrar does not receive any objection then trademark is renewed for another term of 10 years, otherwise, the Registrar decides a date to hear both parties and passes a decision in this regard.

Thus, we can say that trademark laws provide enough liberty to the trademark owner that he can file an application for restoration within prescribed time.

The Process to restore your expired trademark is not complex; you just need to send Form TM 13 and a signed written statement stating the reason why renewal is not done in time. But sometimes, it may happen that the registrar is not satisfied with the reasons and remove the mark from the register.

Therefore, trademark renewal has to be kept in mind otherwise; it will not only affect your legal rights but rights of all those people to whom it is assigned or licensed as well. Trademark restoration should be considered as a last resort not as recurring activity because the Registrar may not always favour you to restore your expired trademark.

07
Apr
16
Trademark Renewal

Trade Mark can be renewed in India for unlimited period provided renewal fees are being paid on timely basis.

Each renewal is valid for 10 years. If person fails to renew the Trade Mark then the mark becomes liable to remove.

Therefore, renewal on time to time basis very important especially when there is portfolio of Trademarks needs to be managed and there could be serious irreparable repercussion if one fails to meet the timeline.

So, let’s understand how to renew the trade Mark which is core part of Trade Mark Management:

06
Apr
16
Life of Trademark Registration

Duration of Trademark registration is well defined under the Trade Mark Act, 1999. Section 25 of the 1999 Act provides that registration of a trade Mark shall be for a period of 10 years, renewable for another period of 10 years from the date of expiration of the original registration or the last renewal of registration, subject to payment of renewal fees and application made in prescribed manner.

However, what is written above is law which need to be complied with, but one can make Trademark as a lifetime asset because Law does not prohibit the applicant to renew its life. Therefore, we can also say that life or duration if Trade Mark is infinite subject to the fulfilment of certain conditions including renewal fees.

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