Trademark Renewal And Restoration

Introduction

With the development of India, the business sector is also increasing, due to which the demand for trademark registration is also increasing day by day. Trademark registration is most important for the protection and growth of any company.

Trademark Renewal And Restoration. A trademark is a unique symbol, mark, or word that helps to distinguish the products and services of a company from other brands. The trademark registration owner can take legal action against infringers.

Therefore, trademark owners must get their trademark renewed on time to retain all the legal rights associated with the trademark. If for some reason the company fails to apply for the renewal of the trademark, then the company can apply for trademark restoration. 

Trademark Renewal

To continue using the register TM you have to go through the trademark renewal process, either offline And online. In the process of renewal, you have to submit the renewal application form and pay the required charges.

A notice is sent from the Trademark Office to the trademark owners to remind them to get their trademark renewed 6 months before the expiry date of the trademark. This helps the owners of the registered TM to keep their trademark permanent. Trademarks can be renewed multiple times and for multiple years.

Trademark Restoration

It is a process in which a trademark can brought back to the registry that is remove from the trademark’s register. The trademark can restore by filing a restoration application in the registry office.

Application for restoration can made after 6 months and within 1 year from the expiry date of the register trademark by filling out the TM-R form along with the restoration and renewal fee.

Importance of Renewal of Trademark

If the trademark owner wants to avail the benefits of his register trademark then he has to get his trademark renewed. The process of trademark renewal is a continuous process which means a trademark owner can get his trademark renewed every ten years. Trademark renewal process has two ways that are:

• Renewal of registered trademark by changing any word and symbol.
• Renewal of registered trademark without any changes. 

Benefits of Trademark Renewal

• It protects your brand, logo, and brand identity for another 10 years.
• Without renewal, your registered trademark may become invalid, due to which you may lose all the legal rights to use your trademark.
• Constantly renewing your trademark increases your brand recognition which also increases your customer base.
• It also helps in enhancing brand reputation.

Documents Required For Trademark Renewal And Restoration

Renewal:-

1. Trademark Renewal Application Form (TM-R)
2. Duplicate copy of Trademark Registration Certificate
3. Copy of the original filed Trademark Application Form (TM-A)
4. Identity proof and address of the applicant
5. Power of Attorney(POA)

Restoration:

1. Certificate copy of TM registration
2. Applicant’s identity and address proof 
3. Power of Attorney(POA)
4. Application form copy of TM registration 
5. A statement giving reasons or grounds for not renewing the trademark

Duration of trademark renewal and restoration

Renewal:

It can be filed within one year or 6 months before the date of expiration of the registered trademark. 

Restoration:

The restoration application is filed within 6 months and 1 year after the expiry of the TM.

Restoration and renewal Forms

Forms for restoration:

1. TM-R – 

• Application form for renewal of a registered TM. 
• renewal Application form including fees for registered trademark 

2. TM-180 – 

• Affidavit in Support of Statement of Case.

Forms for renewal:

3. TM-R – 

• renewal Application form for restoration and renewal of trademark including fee.

4. TM-180 – 

• Affidavit in Support of Statement of Case.

How to Renew a Registered Trademark?

• Firstly, as an application form fill out the form-R and submit it to the relevant registry office.  You can fill out this form with the official site of the Indian Patent Office(IPO).
• Next, the registrar will check your application to ensure it meets all the requirements to process the renewal.
• Next, if your renewal application is approve by the registry office, it will publish in a trademark journal. 
• After publication in the journal and all the issues is resolve, the Registry Office will receive your Renewal Trademark Certificate, which will be valid for the next 10 years.

The Procedure of Restoration

• If the renewal period of the trademark has expired and the trademark owner has not applied before the expiry of the validity period then he can file the trademark restoration form.
• It can filed within 6 months to 1 year after the expiration of the registered TM. 
• Application form- TM13 is fill out for the restoration process.
• After receiving the application form, the registrar advertises. it is the official trademark journal so that any other third party may file an objection if they believe that the trademark cannot be restor.
• If no objection is raise during that duration, then the Registrar approves the trademark.
• The registry of trademarks in the register determines that now trademark has been renew for 10 years. 

Conclusion

In conclusion, trademarks are very important for maintaining brand identity. And reputation in the market. To maintain brand identity and reputation in the market and trust among customers, trademark owners are provided with several opportunities like Trademark Renewal And Restoration.

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