The Trade Marks Registry was established in India in 1940 and currently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information center and is a facilitator in matters relating to trade marks in the country.
Software patents are one of the most argumentative issues in Intelligent Property Rights. The growing economic significance of computers and computer programs gives software patents this controversial status.
The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. Renewal of a trademark preserves those rights which are only available to a registered mark.
If you're beginning a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest. A "Trademark" is that symbol you will use to do so. Registering a Trademark is a legal process provided for under the Trade Marks Act, 1999. In this week's column, we will breakdown the process of registering your own Trademark, if your business is relevant for the same.
The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to deliver for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark.
What a trademark does
The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. Renewal of a trademark preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration. For instance, a registered trademark has the advantage of legal presumption of ownership. That means that the burden of evidence is on others to try and disprove your ownership.
The consequences of not renewing the trademark are severe. In case no application for renewal has been filed, or in case no fee for renewal has been paid by the proprietor, the Registrar will have to remove the mark from the register. Before removing the trademark, the Registrar shall first advertise his purpose to remove the mark by advertising the notice to remove in the trademark journal.
Trade Mark Registration
There should be proper watch over the trademark rules and regulations in order to get over with smooth manner. If you be unsuccessful to get its renewal; then your registered trademark would get open to the world where anyone can be copied or can make use of it without your agreement. Trademark can be renewed before or after the expiration of trademark registration application. If you renew before the expiry period then it would be easy to go with all the procedure; as renewal after the expiry period brings additional fees along with other rules and regulation that somewhere seems hectic and complex on your part. After expiry you will get 6 month of grace period where you can apply for trademark renewal. Just by filing an application and submitting with necessary legal forms along with trademark renewal fees you can able to make your trademark alive again. At trademarks; we serve you with the complete trademark renewal services where our lawyers will file an application and also concern the matter with the complete attention.