What does a Trade Mark Do?

A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or authorize another to use it in return for payment. The period of protection varies, but a trademark can be renewed indefinitely beyond the time limit on payment of additional fees. Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement.

In a larger sense, trademarks promote initiative and enterprise world-wide by rewarding the owner of trademarks with recognition and financial profit. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.

Why Trade Mark Protection?

Using a trademark does not provide you with trademark rights in all countries. Should somebody else register a similar trademark for similar products or services, you will have no rights to object to this use under normal circumstances.

To avoid such a situation, it is wise to register your trademark at the earliest possible stage, in the relevant countries. Only by registration of the trademark, will you acquire exclusive rights to a trademark.

A registered trademark entitles you to act against infringements. Based on trademark rights, you can take action not only against identical and similar trademarks, but also on certain conditions, against trade names and domain names. Trademark registration offers wide protection.

Registration of trademark compulsory?

No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for infringement of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.

What if I missed the deadline?

In case you missed the trademark renewal date, but still you have not exceeded 6 months from the actual deadline, you may file for Trademark renewal by making the late fees payment. But in case you have missed the deadline and also exceeded the grace period of 6 months, your trademark will be abandoned and there is no way to restore the same.

How much time does it takes to file the Trademark renewal?

It will be filed on same day.

What is the way to restore trademark?

There is no way to restore the trademark once it has been abandoned; the only way to reinstate the trademark rights is by way of filing a new trademark application.