Exact Answer: Up to 10 years
Trademarks work amazingly for protecting the brand name and reputation of the company. Trademarks would protect the ideas of the company for around 10 years. The goods produced by the company can be protected under a trademark.
Trademarks cover design, signs, and pictures. Trademarks also work for protecting the expression of the company. Trademark is extremely vital as it separately gives reputation to the ideas or products of the company.
Trademark is protected from getting infringed as it is covered under intellectual rights. The trademark act, 1999 has many rules and laws for exercising trademark rights. The person or company has to register for claiming the trademark rights.
The trademarks should be renewed after 10 years as they would expire in 10 years.
How Long Are Trademarks Good For?
| Trademarks | Time |
| In years | 10 years |
| In months | 120 months |
The trademarks would protect the products and services of the company for around 10 years. The trademarks would prevent the company’s products from getting copied or used by other companies.
No person can use the same sign or symbol of a company that is protected under trademark. The mark of the company is safe under trademark protection. Trademark protection prevents misrepresentation of the mark of the company by others.
The brand logo of one brand can’t be used by other brands under trademark rights. Trademarks are different from the patent. The validity of the patent is around 20 years, while for trademarks it is 10 years.
People can say that there is no such expiry time period of the trademark if it is renewed in time. People can also trademark graphics, phrases, and sound marks. The procedure for applying for trademarks and renewal of trademarks is different.
The act dealing with trademark rights has mentioned the procedure in sections of the Trademark Act, 1999. The person will become the owner of the trademark if the name of the person is mentioned in the form as an applicant.
The form should be filled and applied correctly for the registration process. Any LLP can file the application of trademark under the trademark act. Any company or individual whose trademark rights are about to expire can apply for the renewal of the trademark under the trademark act.
Trademark is a great way to give unique recognition to the brand product. Not only legal protection, but trademark would help in differentiating the company’s service or products from others.
Why Are Trademarks Good For This Long?
The trademark validity time is decided under the Trademark Act, 1999. The trademark registrar keeps on updating the applicant 6 months before the expiry of the trademark. The trademark registrar will remind the applicant by sending a letter to them about the renewal process.
If the person skips renewing the trademark, then it may restrict the applicant from enjoying the trademark rights. The use of marks in commerce is vital for satisfying the condition required for protection. Another vital condition is that the trademark should be distinctive in nature.
Sometimes, the trademark-protected mark would get abandoned if not used for 3 years. Improper licensing is another reason for losing trademark protection.
If someone uses the trademark to create confusion or a deceptive impression on any product or service, then the rights will be violated.
For example, the tick mark is the trademark-protected symbol for the brand “Nike”. This symbol is not allowed to be used by any other brand, or else it will create confusion.
The applicant applying for renewal of trademark should fill the TM-12 form. The filling and filing of the renewal form should be done correctly. The applicant or any agent authorized by the applicant should do the renewal process under the supervision of an expert or legal professionals.
Conclusion
The trademark protection is forever but needs to be renewed every ten years. The TM renewal application would take some time to get processed. The person can keep a track of the status of the renewal application.
The person would have to take certain actions as required for the processing of the TM renewal application. The companies or individuals should always apply for the trademark renewal before the completion of 10 years.
References
- https://www.journals.uchicago.edu/doi/abs/10.1086/467138
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/ylr99§ion=38
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