TM registration allows businesses to protect their brand name and identity from infringement. It enables companies to safeguard everything from their business name to logo or colour scheme. However, trademark registrations are valid only for 10 years and they have to be restored.
India is growing significantly as a destination for commerce and economic expansion. As a result, the demand and need for TM registration are also rising exponentially.
These intellectual property rights enable businesses to protect their brand identity and name from getting maligned. They help companies ensure their products remain distinctly different from their competitor’s items. Additionally, companies also charge premium prices to license their trademarks to other companies, making it an alternate income source.
TM Restored in India
The TM registration ensures intellectual property protection by safeguarding a word or a visual symbol used by any business to help distinguish its goods or services. TM restoration is mandatory every ten years, and hence, the industry will see an even more significant jump in the total trademarks registered over the next few years.
The trademark restoration application must reach the Trademark office at least six months before the expiry of the mark. Companies must prepare and file the application form before the deadline. Not only will this enable them to enjoy the continuous protection of their trademark, but it also avoids the chances of litigation.
It allows businesses to extend their protection by another decade. Companies have to prepare and file Form TM-12 and pay the prescribed fee of ₹4000 to apply for restoration. If a person or company fails to renew their TM, the mark becomes liable for the removal, and the holders will have to restore their TM for extended protection.
Eligibility Criteria for Trademark Restoration
Trademark restoration is a lifeline for trademarks that might have slipped through the cracks of renewal. To be eligible for restoration, your trademark must meet specific criteria. It’s important to note that restoration can be pursued only after the deadline for filing a trademark renewal application has passed.
Documents Required for Trademark Restoration
When seeking trademark restoration, having the right documents is paramount. These documents serve as evidence and support for your restoration claim. Proper documentation strengthens your case and increases the likelihood of a successful restoration. Here are the forms you will need to consider –
Form TM-12: This application is filled out when the renewal process is performed within the time frame. There will be no need for a surcharge fee.
Form TM-10: This application is filled out if the renewal process is performed within six months of the expiration date. In this scenario, a renewal charge is required.
Form TM-13: This application is submitted when a trademark is removed from the trademark register. The renewal and restoration process will take place six months to one year following the registration’s expiration date, and the applicant will be charged both renewal and restoration fees.
Trademark Restoration In India
With a team of experts well-versed in trademark laws and restoration procedures, Vakilsearch ensures that the process is seamless and efficient. Here’s how Vakilsearch can assist you:
Expert Guidance: Navigating the legal intricacies of trademark restoration can be overwhelming. Vakilsearch’s experienced professionals provide clear guidance, making the process simple.
Documentation Support: Vakilsearch assists in gathering and organizing the required documents. This ensures that your restoration application is complete and well-supported.
Timely Action: Time is of the essence in trademark restoration. Vakilsearch is committed to prompt action, ensuring that your trademark restoration application is filed within the necessary timeframe.
Proactive Communication: Restoring a trademark involves coordination with the authorities. Vakilsearch keeps you informed at every step.
Affordable Solutions: Trademark restoration doesn’t have to be a financial burden. Vakilsearch offers cost-effective solutions, without straining your budget.
Trademark Restoration Procedure
Companies can file requests for trademark renewal six months before the expiry of their current registration or restoration. Before the expiry of the registration, the Registrar will send a notice as a reminder to the TM owner. The notice will contain details regarding the expiration date and conditions for the payment of the required fees.
If the registration is not obtained as per the prescribed conditions the Registrar can remove the tm from the trademark register. If you miss the deadline for filing the request, you may file a application within six months after the expiry of the mark, along with a late fee.
The trademark restore flow occurs in two primary ways in India, which are as follows:
- Restoration to change any sign or words in the already existing trademark
- Restoration without a change
What to Know About the Restoration Flow?
- The application for trademark restoration requires individuals and businesses to duly fill and file Form TM-12.
- Registered TM holders or an agent authorized by such a holder to act on their behalf can file the request.
- Individuals must take the help of professionals to file for restoration of a TM application to ensure the Flow occurs smoothly without any hiccups or delays. Even tiny errors made during the procedure can lead to significant lapses in protection and cause other hassles. Hence, it is advisable to take the help of legal experts to ensure your mark remains secure and well-protected.
- Filing a TM application extends its life by another 10 years, and companies must apply for restoration before this period ends for continued protection.
- After filing a TM restore application, users must check the status of the request until the Registrar finishes its steps. The procedure sometimes requires numerous time-bound actions and responses from the applicant. Therefore, businesses must continue to check the status of their application and take the required actions, as and when necessary.
Trademark Journal
The Trademark Journal is the official gazette maintained by the Trademark Registry. If the Trademark Examiner accepts your application, your TM is advertised in the Journal. During this period, third parties have an opportunity to oppose the registration of the mark. However, businesses need not undergo this Flow while renewing an existing trademark.
How Vakilsearch Can Help?
While it might seem simple to do, several companies often forget to renew their trademarks. For instance, recently Sony forgot to renew the TM for the game Bloodborne, risking abandonment of the mark entirely.
Hence, businesses need to ensure the proper restoration of all their trademarks to enjoy continued protection. Partnering with Vakilsearch can help you maintain your brand identity with ease. Our Legal experts will notify you of upcoming deadlines, and handle your restoration procedure for you.
FAQs to be Added
What is the time period for trademark renewal?
Trademark renewal should be done within the stipulated period to avoid complications. The standard renewal period is ten years from the date of filing. TM renewal petitions must be filed 6 months prior to the expiration date.
What is the cost of trademark renewal?
Trademark renewal costs can vary based on factors such as the type of trademark and the legal services provider you choose. Vakilsearch offers competitive pricing, making trademark renewal accessible and affordable.
What happens if a trademark is not used?
If a trademark remains unused for a continuous period of five years, it may become vulnerable to cancellation due to non-use. Regular usage of your trademark is essential to maintain its legal protection.
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