Explore the processes of trademark restoration and resumption. Understand the conditions under which trademark rights may be restored or resumed and learn about the necessary steps and procedures for reclaiming trademark protection effectively.
A trademark serves as the cornerstone of your brand identity, encompassing various elements such as names, logos, and symbols. Registering your trademark is crucial for protecting your brand’s integrity and goodwill.
However, there may be instances where your trademark registration lapses or expires, leading to its removal from the official register. In such cases, the process of trademark restoration and resumption becomes imperative to reclaim your brand identity and legal protection.
In this article, we’ll delve into the intricacies of trademark restoration and resumption, exploring the steps involved, legal requirements, and the significance of preserving your brand’s identity.
Understanding Trademark Restoration and Resumption
Trademark restoration and resumption involve reinstating a trademark that has been removed from the official register due to non-renewal or other administrative reasons. This process allows trademark owners to regain legal protection for their brand identity and associated goodwill. Whether your trademark expired due to oversight or other circumstances, restoring it is essential to maintain your exclusive rights and prevent unauthorized use by third parties.
Documents Required for Trademark Resumption
When initiating the process of trademark resumption, it is crucial to gather and submit certain essential documents to complete the restoration application. These documents serve as proof of identity, ownership, and legal establishment, validating the trademark owner’s claim to the trademark. Below are the documents required for completing the steps for the resumption of a trademark:
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PAN Card:
A copy of the Permanent Account Number (PAN) card is a mandatory document for the restoration application. The PAN card serves as a vital identification document, verifying the identity of the trademark owner.
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Address Proof:
Submission of an address proof is essential for the resumption process. This document verifies the official address associated with the trademark owner, ensuring accurate correspondence and communication.
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Certificate of Incorporation (CoI):
Including the Certificate of Incorporation (CoI) is a prerequisite for the restoration process. This document certifies the legal establishment of the business entity owning the trademark, providing evidence of its existence and registration.
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Trademark Filing Certificate:
The restoration application necessitates the inclusion of the Trademark Filing Certificate issued by the trademark registry. This certificate serves as tangible evidence of the initial filing of the trademark registration application, confirming the trademark’s existence in the official records.
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Power of Attorney:
If the restoration application is being filed on behalf of the trademark owner by a designated representative, a Power of Attorney document must be provided. This legal document authorizes the appointed individual to act on behalf of the trademark owner in matters related to the Trademark restoration and resumption process.
Ways to Restore Trademarks
Trademarks can be restored through two distinct methods:
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Online Restoration:
Trademark owners can opt for online restoration by applying through the official website designated for trademark-related processes. This method allows for modifications to the existing trademark, providing flexibility in updating or refining the trademark while restoring it.
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Offline Restoration:
Alternatively, trademark owners can choose offline restoration by applying for restoration without making any changes to the existing trademark. This method is suitable for those who wish to reinstate their trademark exactly as it was without any alterations or modifications.
Steps for Resumption of a Trademark: Legal Framework and Requirements
In India, trademark restoration and resumption are governed by the provisions of the Trademarks Act of 1999 and the Trademark Rules of 2017. According to Section 25 of the Act, trademarks are initially registered for a period of 10 years, after which they require renewal. Failure to renew the trademark within the stipulated timeframe can lead to its removal from the register.
To initiate the process of trademark restoration and resumption, trademark owners must follow specific legal requirements and procedures:
- Filing Form TM-R: The restoration process begins with the submission of Form TM-R, which serves as the application for trademark resumption. This form can be obtained from the official trademark authorities.
- Applicant Information: The application can be filed by the registered proprietor of the trademark or by an authorized agent acting on their behalf. It’s essential to ensure that the applicant’s information is accurately provided to avoid any discrepancies during the restoration process.
- Submission of Required Documents: Along with Form TM-R, applicants must submit Form TM-18 and an affidavit supporting the statements made in the resumption application. Additionally, copies of essential documents such as the PAN card, proof of address, certificate of incorporation, and trademark filing certificate are required to complete the restoration process.
- Payment of Fees: Trademark restoration involves the payment of specific fees, including a resumption fee and a restoration fee. These fees contribute to the processing of the application and the reinstatement of trademark rights.
- Scrutiny and Issuance of Certificate: Once the application and supporting documents are submitted, the trademark authorities scrutinize the application to ensure compliance with legal requirements. Upon satisfaction, a certificate of restoration is issued, officially acknowledging the successful resumption of the trademark.
- Update in Trademark Journal: The resumption of the trademark is then reflected in the official trademark journal, ensuring transparency and informing the public and relevant stakeholders about the reinstatement.
Significance of Trademark Restoration
Trademark restoration and resumption play a vital role in preserving brand identity, goodwill, and legal rights. By restoring your trademark, you extend your ownership rights and protect your brand from unauthorized use or infringement. Additionally, maintaining a registered trademark enhances your brand’s credibility, reputation, and market value, facilitating business growth and expansion.
Conclusion
Trademark restoration and resumption are essential processes for safeguarding your brand identity and legal rights. By understanding the legal requirements and following the prescribed procedures, trademark owners can successfully restore their trademarks and maintain their exclusive rights in the marketplace.
At Vakilsearch, we offer expert guidance and support to streamline the Trademark Restoration and Resumption process, ensuring a seamless experience for trademark owners. Let us be your trusted partner in preserving your brand identity and securing your trademark’s legal protection. Get in touch with us today!
