Legal AdviceTrademarks

Things to know about Trademark Restoration

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.

To prevent copyright infringement, use Vakilsearch’s Trademark name search engine to locate previously registered trademarks.

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.

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

  1. The application for trademark restoration requires individuals and businesses to duly fill and file Form TM-12.
  2. Registered TM holders or an agent authorized by such a holder to act on their behalf can file the request.
  3. 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. 
  4. Filing a TM application extends its life by another 10 years, and companies must apply for restoration before this period ends for continued protection.
  5. 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.

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