What is Trademark Renewal and Modification ?
Trademark renewal is the process of extending the validity and protection of a registered trademark beyond its initial registration period. In many jurisdictions, trademarks are registered for an initial period, which is typically 10 years. To continue protecting the mark, the trademark owner must periodically renew it by filing a renewal application with the relevant trademark office. Here are key points about trademark renewal:
Renewal Period: Trademark registrations have a set duration, usually 10 years, but this can vary by jurisdiction. Before the trademark's expiration date, the owner must file for renewal.
Grace Period: Most trademark offices offer a grace period, typically six months to one year after the expiration date, during which the trademark can still be renewed. Renewing during this grace period often requires paying additional fees.
Renewal Application: To renew a trademark, the owner submits a renewal application to the trademark office. The application includes details of the trademark, the registration number, and the renewal fee.
Proof of Use: In some jurisdictions, especially those with "use" requirements, the trademark owner may need to provide proof of continued use of the mark in commerce when renewing.
Renewal Fee: A renewal fee is typically required to process the renewal application. The amount varies by jurisdiction and may depend on the number of classes of goods or services covered by the trademark.
Consequences of Non-Renewal: If a trademark is not renewed within the specified time frame, it may expire, and the owner will lose the exclusive rights associated with it. Others may then use the mark, and the owner may need to reapply for registration if they wish to regain protection.
Trademark modification involves making changes to a registered trademark. It's important to note that not all changes to a trademark can be easily modified, and the process may vary by jurisdiction. Here are common types of trademark modifications:
Change of Address: If the owner's address or contact details change, they may need to update the trademark office with the new information.
Change of Name: If the owner's legal name changes due to mergers, acquisitions, or other reasons, the trademark may need to be updated to reflect the new name.
Amendment of Goods/Services: In some cases, a trademark owner may want to expand or modify the list of goods or services covered by the trademark registration. This may require filing an amendment with the trademark office.
Change in Ownership: When ownership of a trademark changes due to assignment or other legal processes, the trademark office should be informed of the new owner's details.
Logo or Design Modification: If the visual representation of a trademark (logo or design) undergoes significant changes, it may require amending the existing registration or filing a new application for the modified mark.
Correction of Errors: If there are errors or inaccuracies in the original trademark registration, these may need to be corrected through an amendment or modification process.
It's important to consult with a trademark attorney or specialist when considering trademark renewal or modification, as the requirements and procedures can vary by jurisdiction, and legal advice can help ensure compliance with relevant laws and regulations.
To conduct a trademark search and check the availability of a trademark in India, you can use the official government website known as the "Public Search of Trade Marks" portal provided by the Office of the Controller General of Patents, Designs & Trade Marks. Here's how to access it:
Visit the official website: https://ipindiaservices.gov.in/tmrpublicsearch/frmmain.aspx
On the homepage, you can use various search options, such as:
Wordmark Search: Search for trademarks using specific words or phrases.
Vienna Code Search: Search for figurative or design trademarks using Vienna codes.
Phonetic Search: Search for trademarks based on their phonetic sound.
Enter the relevant search criteria, such as the trademark name, class of goods or services, and other details.
Click the "Search" button to initiate the search.
The search results will display trademarks that match your search criteria. You can click on a trademark to view its details, including the applicant's name, application date, and class of goods or services.
Keep in mind that conducting a trademark search on the official government portal is a crucial step before applying for trademark registration to ensure that your desired mark is available and does not conflict with existing trademarks. If you have any doubts or need assistance, it's advisable to consult with a trademark attorney or specialist to navigate the registration process effectively.
Why Trademark Needed ?
At Trademark, we understand the need to protect your brand and business from potential infringements. We offer comprehensive trademark services to ensure that your brand is protected and that your business remains competitive in the current market.
Process of getting Trademark Renewal
We provide a comprehensive service of process for trademark registration. Our experienced team of professionals will guide you through the entire process, from initial consultation to filing and registration. We provide up-to-date advice on the latest legal requirements and help you protect your brand.