What is Trademark Restoration Process In India
- July 21, 2022
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What is Trademark Restoration Process In India
A registered trademark is valid only for 10 years which can be renewed for another term of 10 years, but there may be cases where trademark owner fails to renew it on time.
So, if you forget to renew your trademark then the Registrar remove your trademark from the register of the trademark. But, dont worry, if you want to put your trademark again on trademark register then you can file an application in the prescribed format. This whole process is called Trademark restoration.
When the Registrar removes the mark from the register, then this fact is also advertised in the journal. One thing you should understand that your mark is not removed from the register if the application is made within 6 months after the expiration of last registration.
When the expired trademark is restored, then a notice must be sent by the Registrar to the trademark owner to intimate about restoration and must also be advertised in the official journal.
After advertising the same, the Registrar invites for objection, if any. If the registrar does not receive any objection then trademark is renewed for another term of 10 years, otherwise, the Registrar decides a date to hear both parties and passes a decision in this regard.
Thus, we can say that trademark laws provide enough liberty to the trademark owner that he can file an application for restoration within prescribed time.
The Process to restore your expired trademark is not complex; you just need to send Form TM 13 and a signed written statement stating the reason why renewal is not done in time. But sometimes, it may happen that the registrar is not satisfied with the reasons and remove the mark from the register.
Therefore, trademark renewal has to be kept in mind otherwise; it will not only affect your legal rights but rights of all those people to whom it is assigned or licensed as well. Trademark restoration should be considered as a last resort not as recurring activity because the Registrar may not always favour you to restore your expired trademark.
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