Trademark Restoration In India

A trademark is a sign, symbol, word, or words registered or legalized for the use of representation of a company’s product or services. Hence, any tamper or illegal use of this trademark by any other company it does not belong to, gives the authorized company the right to legal action – making trademark of a company the most important feature of its existence.

Once a company is formed, it must register its trademark with the Registrar, which is valid for ten years only. Therefore, to retain its trademark rights after the ten years of validity, the company must renew it from time to time. Trademark renewal will help in the preservation of right and all the protection that comes with it.

Trademark renewal process must begin six months before the expiration of the validation period. If the company has not applied for the renewal process, the Registrar will send the company a notice 1-3 months before the expiration date. The company that fails to apply for the renewal process with the renewal fees within this period or until after the expiry, will lose its trademark and bear the adverse effects.

If the period to renew the trademark registration has lapsed, then the company can apply for the restoration of the trademark. However, this restoration application has to be made six months to one year from the expiration date.

Eligibility Criteria for Trademark restoration

The eligibility criteria for Trademark restoration are as follows:

Trademark restoration can only be filed after the time you were given to file trademark renewal application have passed.

Documents Required for Trademark restoration

• Form TM-12: This application is filled when the renewal process is within the timeline. There will be no surcharge fee required.
• Form TM-10: This application is filled when the renewal process is carried within the six months before the expiration date. A renewal fees is applicable in this case.
• Form TM-13: This application is filled when the trademark is removed from the register of trademarks. The renewal and restoration process will take place six months to one year after the expiration date of registration and both renewal and restoration fees is levied to the applicant.

Process for Trademark restoration

Following is the process of Trademark restoration

• Application of restoration shall be made in form TM-10
• Application shall be made by either registered owner of the trade mark or his authorised agent.

Our Assistance to file the Trademark restoration

We at Registrationwala provide end-to-end solutions for Trademark restoration. Our trademark restoration consultant provides the following services:

1. Collection of information and starting the process
2. Drafting the application
3. Reviewing the draft and making changes if necessary
4. Filing the application

Registrationwala.com is a leading legal consultancy firm providing the comprehensive services relating to Trademark restoration

Contact us now if you seek to restore your trademark registration for another 10 years.

FAQs About Trademark Restoration

Q1. What is a Trademark, and why it should be protected?

A.   A trademark is a sign, symbol, word, or word registered or legalized for the use of representation of a company’s product or services.

Q1. How important is the Trademark registration?

A.   Any tamper or illegal use of a trademark by any other company it does not belong to gives the authorized company the right to legal action which makes the trademark of a company the most important feature of its existence.

Q2. What is the validity period of a registered trademark?

A.   The trademark of a registered company is valid for only ten years, which must be renewed from time to time before it expiry.

Q3. Why is the need to renew a trademark?

A.   Once a company is formed, it must register its trademark with the Registrar, valid for only ten years. Therefore, to retain its trademark rights after ten years of validity, the company must renew them from time to time. Trademark renewal will help preserve the right and all the protection that comes with it.

Q4. What is the Trademark renewal process?

A.   The Trademark renewal process begins six months before the expiration of the validation period. If the company has not applied for the renewal process, the Registrar will send the company a notice 1-3 months before the expiration date. The company that fails to apply for the renewal process with the renewal fees within this period or until after the expiry will lose its trademark and bear the adverse effects.

Q5. What happens if we do not renew the registered trademark f our business?

A.   If the company has not applied for the renewal process, the Registrar will send the company a notice 1-3 months before the expiration date. The company that fails to apply for the renewal process with the renewal fees within this period or until after the expiry will lose its trademark and bear the adverse effects.

Q6. What happens when the period of the trademark renewal process ends?

A.   If the period to renew the trademark registration has lapsed, the company can apply for the restoration of the trademark. However, this restoration application must be made six months to one year from expiration.

Q7. What is Trademark restoration?

When the period to renew the trademark registration has lapsed. However, if the company still wants to keep its trademark running, it can apply for the restoration of the trademark. Restoration of trademark happens when there is no scope trademark renewal. Post trademark restoration, the trademark gets restored in the Register of Trademarks by the authority. But, this restoration application must be made six months to one year from expiration. So, you must hire a trademark registration agent to aid you in the process.

Q8. What makes a company eligible for the trademark restoration process?

A.   A Trademark restoration application can only be filed after the time you were given to file the trademark renewal application has passed.

Q9. In which form must the application for trademark restoration be filed with the Registrar?

A. Form TM-13: The restoration application must be filed when the trademark is removed from the register of trademarks. The renewal and restoration process will take place six months to one year after the registration expiration date, and both renewal and restoration fees are levied to the applicant.

Q10. How to apply for the restoration of a trademark?

A.   The process of Trademark restoration is as follows:

• The application of restoration must be made in form TM-10.
• The application must be made by either the registered owner of the trademark or his authorized agent.
• After that, the application must be submitted to the RoT.

Q11. How can Registrationwala assist you in filing a Trademark Restoration application?

A.   We at Registrationwala provide an end-to-end solution for the Trademark restoration services of your company. Our trademark consultants provide the following services:

• Collection of information and starting the process
• Drafting the application
• Reviewing the draft and making changes if necessary
• Filing the application