Trademark restoration process in India

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Trademark restoration process in India

Trademark registration can be done of a sign, name, symbol, logo, or words registered or legalized for the use of representation of a company’s product or services. Therefore, any unauthorized use by any third person of a registered trademark gives the authorized owner the right to take legal action against him. Making a trademark of a company is a most important feature of its existence.

Once a company is formed, it must get itself registered through the Registrar of trademarks which is valid for the 10 years from the date of its application. Therefore to retain its trademark right or to enjoy Trademark rights throughout after 10 years, it must renew its trademark from time to time. Trademark renewal will help in the preservation of rights and all the protection that comes with it.

Trademark renewal process must begin six months before the expiration of its valid period. If the company has not applied for its renewal process, the registrar will send the notice as an intimation to the company. If the company has not renewed its trademark after receiving the notice, the company will lose its trademark eventually.

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

Restoration of the expired Trademark

Trademark helps to establish a brand name or image in the mind of the people. Trademark is a very crucial process after checking a similar existing trademark then only, registry finalises or issued the Trademark. Trademark is given for a period of 10 years after which it has to be renewed by an Applicant or through his/her Attorney the same can be renewed.

Eligibility criteria for Trademark restoration

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

Documents Required for Trademark Restoration process

Documents required are as follows-

  • Form TM-12: This form is filed when the renewal process is within the timeline. Thee is no surcharge fee required.
  • Form TM-10: This application is filed 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 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 expiration date of registration and both renewal and restoration fees is levied to the applicant.

Procedure for Trademark restoration

  • In case the owner himself does not make an application for the renewal of the Trademark within 3 months from the expiration of the Trademark. Otherwise Trademark registry can themselves intimate their agents or applicants about their expiration.
  • In case no requisite fees are given to the registry then the Trademark of the Applicant expires.
  • An application for the restoration is filed within 1 year from the expiration of the Trademark in Form TM-10.
  • Then the mark is advertised in Trademark journal, and the registry invirtes objection.
  • If no objection is received then trademark is the applicant is restored and if objection is received then hearing is conducted for bth of the parties.
  • If someone else applies for registration of the terminated Trademark then the business man needs to file an associate in nursing objection against a third party who has applied for registration of terminated trademark.

How BIAT Legal LLP will assist you in Trademark restoration process

We, at BIAT legal LLP provide end to end solutions for the Trademark restoration process. Our services include:

  • Collection of data and starting the method
  • Drafting the application
  • Reviewing the draft and making changes if necessary
  • Filing the application of Trademark restoration

BIAT legal LLP is a leading intellectual property firm providing the comprehensive services relating to Trademark restoration.