Trademark Restoration: What if Your Trademark Is off Rot?

A trademark is a symbol that uniquely identifies your business and its products or services. Clearly stated, it is essentially a mark of your trade. It symbolizes your Brand. There are several ways to define your Brand. You can use a name, a smell, a shape, or an image as your Trademark. Regardless of your choice, you will always have a unique identity. But that being said, it is also time to renew your registered Trademark before its expiry. In some cases, the owners of these registered trademarks can miss the deadline or are, in some ways, unable to renew the Trademark license. Here comes the play of Trademark Restoration.

What is a Trademark?

A trademark is a sign, symbol, or word registered or legalized to represent a company’s product and services. Therefore, any tamper or illegal use of this registered Trademark by any other company it does not cater to gives the authorized owner the right to legal action. This makes the Trademark of a company its most important feature of market existence.

Once a company is formed, it must register its Trademark with the RoT Registrar. This Trademark is valid for ten years only. So, to retain its trademark rights after even ten years, the Company must renew the license from time to time. Trademark renewal will help preserve the right and all the protection that comes with it.

What is Trademark Renewal?

The process of Trademark Renewal begins six months before the expiration of the validation period. Even if the Company has not applied for the renewal process, the Registrar of Trademarks will send the Company a notice one to three months before the expiration date. If the Company fails to apply for the renewal process with the applicable renewal fee within this period or until after the expiry, then the Company will lose its Trademark.

Need for Restoration

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.

Who is eligible for Trademark Restoration?

There are no specific eligibility criteria for Trademark restoration in India. You can file for Trademark Restoration only after the time when your period of trademark renewal application has passed.

Required Documentation for Trademark Restoration

Form TM-12

This application is filled out when the renewal process is within the timeline period. There will be no surcharge fee required in this case.

Form TM-10

This application is filled out when the renewal process is carried out sharply six months before the expiration date. Here, a renewal fee is applicable.

Form TM-13

This application is filled when the Trademark is removed from the RoT, i.e., the Register Of Trademarks. The renewal and restoration process will take place six months or even a year after the registration expiration date. Here, both renewal and restoration fees are levied on the applicant.

Applying for Trademark restoration

Below-mentioned is the simple process of Trademark Restoration in India:

• Make the application of Restoration in form TM-10
• The application must be filed by either the registered owner of the trade mark or his/her authorized agent.

 You can avail an end-to-end solution for Trademark Restoration by hiring a Trademark Consultant. Their process typically includes the following steps:

1. Information Collection
2. Drafting the Application
3. Reviewing the Draft
4. Making necessary changes to the Draft
5. Submit the application

Connect with Registrationwala to get comprehensive services relating to Trademark Restoration.