The trademark is valid for ten years from this date. The proprietor must be careful about submitting a renewal application six months before the expiry of the trademark. This ensures minimum cost as no surcharge is incurred. The process is also quicker for renewal within this period. The application for registration of trademarks shall be made on Form TM The fees payable with it varies according to the type of trademark granted. However, no surcharge is to be paid.
The Registrar empowers to remove the trademark from the register in two cases. One, when the Application for renewal of the trademark has not been filed.
Two, when the renewal fees have not been paid. Before delisting the mark, the Registrar would first issue an advertisement communicating the direction of removal of the mark. This is done through the trademark journal.
The following are the consequences that follow due to non-renewal of the mark —. If the proprietor fails to renew the trademark, then all the rights to use the trademark would be lost. To do this, clear the rights. Check for websites, business names, labels, and products. Anything that could bear the mark needs to be verified. If it is being used but under a different class than you intend to register it in, you can still run into a likelihood of confusion and lose the mark.
Many other search systems will not explore dead marks in their listings, which can be hazardous to your business. For a safer search, try our NameCheck software. Is it essential that you use that specific mark, or is there an alternative you can base your marketing plan around?
In the off chance that you missed something in your search, are you prepared to be taken to court? By using a dead mark, you run the risk of mark infringement, losing money and potentially your business.
Nick Potts, December 27, Finding the ideal trademarks for your business can be grueling. In order to weigh its value, you should consider the following questions: 1.
Trademarks do not involve such an exchange. Instead, trademarks serve to indicate the source of a product or service. Moreover, consumers will assume that products bearing a particular brand are not knockoffs made by a competitor, but rather are genuine products having a certain level of quality. Therefore, there is no reason why trademark rights must expire so long as a business continues to sell products or services in connection with its mark.
That being said, an owner of a federal trademark registration should not assume that the registration will automatically last forever. The USPTO places certain post-registration requirements aka trademark maintenance on registrants to keep their registration alive. In short, an owner of a trademark registration must take certain steps to maintain the registration during the following deadlines:.
Proof of continued use i.
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