A trademark is any sign that is capable of distinguishing the identity of one enterprise from that of another. A trademark once registered is valid for a period of 10 years, following which resumption of a trademark is required if you want to keep it.
A trademark is a symbol that can be anything from a name, a logo, a picture, a word, a phrase, or even a label or sound. Registering a trademark is the first step toward protecting your brand name. Once registered, it is also considered a precious asset in the balance sheet of your business as a trademark, and can also imply goodwill. Steps to Resumption of a Trademark also include filing a declaration of use and/or excusable non-use with the appropriate government agency.
An In-Depth Look at Trademark Law
- As per Section 25 of the Trademarks Act of 1999, trademarks are registered initially for a period of 10 years and are due for resumption thereafter
- Additionally, as per Rules 57 & 58 of The Trademark Rules of 2017 an application for a trademark, it has to be filed within 1 year prior to the expiry of the registered trademark
- Further, if the deadline for trademark resumption is missed, the same can be filed within 6 months after the expiry, with an additional fee for late filing.
Before the registration of a trademark expires, the owner of a registered trademark ordinarily receives a notice from the office of the trademark registrar, informing him about the impending expiry and the conditions related to the payment of trademark resumption fees. Similarly, if the owner fails to obtain the resumption before the expiry, the registrar is at liberty to remove the trademark from the official trademark register.
The Advantages of Resumption of Your Trademark
Extension Ownership Right
The whole point of registering a trademark for a business is to claim exclusivity over one’s brand identity. The exclusive right to a trademark is extended for an additional ten years with every trademark restore. Further, by extending trademark enrollment, you continue to be protected against any infringement on your brand’s identity. Moreover, the goodwill built up by your brand name over the years is preserved as well.
Protection Against Litigation
With every trademark restoration, you continue to enjoy seamless protection against any frivolous litigation. Moreover, a timely trademark resumption makes it impossible for other people/businesses to claim any unwarranted rights over your trademark. Additionally, you can also sue other people/businesses for the unauthorized use of your trademark, so long as it continues to be registered in your name.
Ability to Attract Top Talent
When you resume your trademark, it continues to spread the vision, image, and unique characteristics of your organization over an extended period of time. Naturally, talented young minds wish to be associated with such reputed brands. Additionally, if you have a positive brand image, talented human resources will be more inclined to work for your organization. In a way, regularly restoring your trademark will ultimately reduce the cost involved in sourcing and retaining quality manpower.
Documents Required
Copies of the following documents are required to be submitted along with your restoration application
- PAN card
- Address proof
- Certificate of incorporation
- Trademark Filing certificate issued by the registry
- Power of attorney if someone else is filing on your behalf.
What Is the Procedure for Restoring a Trademark
Trademarks Can Be Restored in Two Ways
- You can apply for restoration through the website, with the option to alter any words or sign in your existing trademark, or
- Further, you can apply for trademark restoration, without making any changes to the existing trademark.
Learn More about Renewal of Trademark in India
Here Are the Steps to Resumption a Trademark
Step 1
If you are a registered proprietor, you need to file the form TM-R to apply for the resumption of your trademark
Step 2
The application may be filed either by you or by your authorized agent
Step 3
The form TM-18, along with an affidavit needs to be submitted in support of your statement
Step 4
A trademark resumption fee of ₹10,000 is levied if you intend to do a physical filing. Additionally, for trademark resumption, ₹9000 is levied as a restoration fee
Step 5
Following successful payment application will then be scrutinized to ensure the correctness and validity of the information and documents furnished
Step 6
On being satisfied, the trademark registrar will issue a certificate of restoration in the name of the trademark owner
Step 7
Thereafter, the resumption will duly be reflected in the trademark journal.
Complete the entire restore journey here with Vakilsearch in just 3 easy steps! With the help of our experts and our super-fast platform, you can upload all the necessary documents without any hassles, pay the trademark resumption fees through our secure gateway, and get your trademark restored within days!
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