Trademark restoration gets easy

If the time for renewing your Trademark has expired, its Registrar may remove it from its Register. To reinstate it in its Register, Dobizindia Business Solution Pvt. Ltd. provides Trademark Restorati

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Basic overview

Trademark Restoration in India

A trademark is any sign, symbol, word, or phrase registered or legalized as representing a product or service of one company, and any unauthorized usage gives rise to legal action from its holder, hence making trademarks the cornerstone of every company's existence.

Once a company is formed, its Trademark must be registered with the Trademark Registrar. This registration period lasts only ten years and must be renewed periodically to preserve all its benefits and safeguard its protections. Trademark renewal will help maintain the rights associated with its registration and preserve all its benefits for years to come.

Trademark renewal should begin six months before the expiration of its validation period. If no application has been filed with the Registrar by then, they will send a reminder within 1-3 months before this deadline; any company that fails to renew with renewed fees before this deadline or after it expires risks losing their Trademark and experiencing negative consequences.

If the company misses its deadline to renew trademark registration, restoration can be requested within six to one year from its expiration date.

Documents Needed for Trademark Restoration

  • Form TM-12 Should be filled out when renewing within its timeline; no surcharge fee will be necessary in this instance.
  • Form TM-10: Should be filed when renewal takes place six months or less before its expiration date; renewal fees apply here.
  • Form TM-13: When trademarks are removed from the Register of Trademarks, renewal and restoration procedures take place six to one year later, and renewal and restoration fees will be levied against their applicant.

Here are the eligibility requirements for trademark restoration: (TABLE OF CONTENTS 4) to restore a trademark after its renewal date has expired.

FAQs about Trademark Restoration

What Is A Trademark and Why Does It Need Protecting?

A trademark is any sign, symbol, word, or term legally registered to represent products or services owned by an organization.

Why is Trademark Registration Essential?

Tampering or illegal use of a trademark registered to another company entitles the registrant company to take legal action, making trademark registration one of the key elements of its existence.

What is the validity period of a registered trademark?

A registered company's trademark remains valid for only 10 years, after which it must be renewed regularly to avoid expiration.

Why Is Renewal Necessary for Trademarks?

Once a company has been formed, its trademark must be registered with the Registrar and is only valid for 10 years. Therefore, to keep their rights alive after this timeframe has elapsed, trademark renewal should occur regularly to keep protecting their rights and preserve all of their protections.

What Is the Trademark Renewal Process?

The trademark renewal process begins six months before its validity period expires, and companies that haven't applied for renewal within this timeframe or until its expiry will receive notice from the Registrar at least 1-3 months before expiry; those failing to submit renewal fees within this timeframe or before its expiry will lose their trademark and suffer the corresponding consequences.

What happens if we do not renew our registered trademark for our business?

1. If a company fails to renew, the Registrar will send them a notice three to six months before its expiration date, informing them they must complete this process or face losing their trademark and suffering the negative repercussions.

What happens after the renewal process ends for my trademark registration?

If the renewal period for trademark registration has passed, any company can file for restoration within six months to one year of the expiration date.

What Is Trademark Restoration?

Once the period for renewing trademark registration has expired but a company still wants its trademark registered, restoration can be applied for to keep its mark registered with authorities. Post-restoration, the trademark should appear back on the Register of Trademarks after approval from authorities; however, this must occur six to 12 months post-expiration; therefore, a trademark registration agent should assist with this process.

What qualifies a company to participate in the trademark restoration process?

A Trademark restoration application should only be filed once your trademark renewal deadline has expired.

How should my application for trademark restoration be submitted to the Registrar?

Form TM-13 must be filed if a trademark has been removed from the Register of Trademarks, typically six to twelve months post-registration expiration date, to reinstate and restore it to the public register of trademarks. Renewal and restoration fees will apply accordingly.

How can I apply to restore a trademark?

To apply for trademark restoration, follow these steps:

Can Dobizindia Business Solution Pvt. Ltd. assist in filing my Trademark Restoration application?

Dobizindia Business Solution Pvt. Ltd. provides end-to-end trademark restoration services for your company. Our trademark consultants offer services including:

Process for Trademark restoration

The following is the process for trademark restoration:

  • Applications must be made via Form TM-10.
  • For best results, an application should be filed by either the registered owner of the mark or their authorized representative.
  • Dobizindia Business Solution Pvt. Ltd. offers end-to-end trademark restoration solutions.
  • Our trademark restoration consultant offers these services:
  • Collecting information and initiating the process
  • Drafting application
  • Reviewing and revising as necessary.
  • Filing application

Dobizindia Business Solution Pvt. Ltd. is a leading legal consulting firm offering complete trademark restoration solutions.

Contact us immediately if you wish to extend your Trademark registration for an additional decade.

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