Here’s How You Can Maintain Your Trademark Registration in India

BlogIntellectual Property RightsTrademark    November 2, 2022
Here's How You Can Maintain Your Trademark Registration in India Posted On

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid.

Firstly, it is imperative to understand what a trademark is and how it differs from other forms of Intellectual Property (IP). A trademark refers to any sign, expression, or design identifying the products or services of one company and differentiating them from those of others. If you register a trademark with the concerned government authority or Trademark Office of a nation, you can prevent others from using a similar mark for their products or services.

Secondly, you should use your registered trademark appropriately and consistently. It implies using it well on your products or marketing material and ensuring using it the same way as registered. In the scenario where you change the way you use your trademark, you could jeopardize its validity.

Thirdly, you must monitor the use of your registered trademark by others in the industry or market. Even if you are not using your registered trademark actively, others may be using it in a way that infringes upon your exclusive Trademark Rights. You can do this by performing regular online searches and via public records.

Exclusive Trademark Rights for Trademark Owners in India

As a trademark owner, you hold the exclusive right to use it concerning the products or services for which it got registered in the first place. It implies that you can prevent other individuals or entities from using your trademark without your consent. When it comes to maintaining your trademark registration in India, you must use it concerning the products or services for which it is registered. If you don’t use your registered trademark for five years, it may be removed from the trademark register.

Don’t forget that you can lose your trademark registration if you allow others in the market to use it without taking appropriate steps to stop them. Therefore, it is imperative to monitor the use of your registered trademark and take action against any individual or entity using it without your permission.

Guidelines on Maintaining Your Trademark in India

You should take all the necessary steps to maintain your registered trademark in India and keep it in good standing. Firstly, you must use your registered trademark consistently and ensure that it is being used as a trademark. It implies using your registered trademark to identify the source of your products or services and not using it as a generic term. Additionally, don’t forget to include the relevant symbols next to your trademark to indicate that it is registered. Secondly, you must monitor third-party use of your registered trademark and take action against unauthorized use. The same includes sending Cease and Desist letters or initiating legal proceedings if required. Thirdly, you must keep your trademark registration up-to-date by renewing it once every ten years. Doing the same shall help prevent others from claiming exclusive rights to your registered trademark and keep it strong.

Some Other Crucial Aspects to Keep in Mind

There are a few other vital aspects that you need to note when we talk about maintaining your trademark registration in India. In the first place, you must understand the difference between a registered trademark and an unregistered trademark. A registered trademark is officially registered with the Indian government authority, while an unregistered trademark is not registered. If you own a registered trademark, you require renewing it once every ten years. You can do this conveniently by filing a form with the Indian Trademarks Registry.

If you own an unregistered trademark, you can still use it; however, you will not have the same level of legal protection as a registered trademark. Another vital aspect is that your registered trademark can be revoked if it hasn’t been in use for five years from the registration date. If you fail to use your trademark during this period, some individual or entity may be able to register it. To avoid this, ensure using your trademark regularly and keep it updated. Lastly, note that you can only use your trademark concerning the products or services for which you got it registered. If you want to use it for other purposes, you require filing a new Trademark Application.

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