Trademark Renewal and Restoration in India
Last updated on January 25th, 2025 at 11:06 am
Trademark renewal and restoration is a process in which you can renew your trademark after 10 years and get the exclusive rights back to protect your trademark and increase the brand value and reputation in the market.
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. 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 renew their on time to get all the legal rights with the trademark. If for some reason, the company forgets to apply for the renewal of the trademark, then the company can apply for trademark restoration.
Talk to Trademark Renewal & Restoration Consultants Now: +91 93143-21001
Trademark Renewal
To continue using the register ® you have to go through the trademark renewal process, either offline or online. In the renewal process, you need to submit the renewal application form to the registrar and pay the required charges.
The Trademark Office sent a notice to the trademark owner to remind him/her to get their trademark renewed before the expiry. This helps the owner of the registered trademark to keep their trademark permanent. You can renew a trademark for multiple times.
Trademark Restoration
It is a process in which a trademark is brought back to the registry that was removed from the trademark’s register. The trademark can be restored by filing a restoration application in the registry office. Application for restoration of the trademark is filed after 6 months and within 1 year from the expiry date of the registered trademark, you need to fill the TM-R form with the restoration form.
Importance of Renewal of Trademark
If the trademark owner wants back the benefits of the registered trademark then he has to renew his trademark. It is the process, in which the trademark owner renews its trademark for 10 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.
Trademark Renewal and Restoration Documents Required
Renewal:-
- Trademark Renewal Application Form (TM-R)
- Duplicate copy of Trademark Registration Certificate
- Copy of the original filed Trademark Application Form (TM-A)
- Identity proof and address of the applicant
- Power of Attorney(POA)
Restoration:-
- Certification copy of Trademark registration
- Applicant’s identity and address proof
- Power of Attorney(POA)
- Application form copy of Trademark registration
- A statement giving reasons or grounds for not renewing the trademark
Duration of Trademark Renewal and Restoration
Renewal: The renewal file can be applied 6 months before the date expiry date of the trademark.
Restoration: The restoration application is applied after 6 months and within 1 year after the expiration of the Trademark.
Forms for Restoration and Renewal
Forms for restoration:
TM-R- Renewal Application form including fees of a registered trademark.
TM-180- Affidavit in Support of Statement of Case.
Forms for renewal:
TM-R- Renewal Application form for restoration and trademark renewal fee.
TM-180- Affidavit in Support of Statement of Case.
How to Renew a Registered Trademark?
- Filing a renewal process: Firstly, fill out the TM-R application form and submit it to the registrar. You can fill out this form with us at A Star Legal Associates.
- Application examination: Next, the registrar will check your application to ensure it meets all the requirements to process the renewal.
- Publication of the application: Next, if your renewal application is approved by the registry office, it will be published next to the trademark journal.
- Renewal Issue: After publication is completed and all the issues are resolved, the Registry Office will receive your Renewal Trademark Certificate, which will be valid for the next ten years.
The Procedure of Restoration
- If the renewal period of the trademark has expired and the trademark owner has not applied before the expiry then he can file the trademark restoration form.
- It is applied after 6 months and within 1 year from the expiry date.
- You need to fill TM-R form with the restoration process.
- After receiving the application form, the registrar advertises it to the trademark journal so that any other third party may not file an objection.
- If no objection is raised, then the Registrar will approve the trademark.
- The registry of trademarks will renew the Trademark for the next 10 years.
Consultancy for Restoration and Renewal
Renewal is a process in which you have to renew your trademark. If you fail to renew your trademark, it will be removed from the register. If you also want to renew your trademark file an application for renewal with us at A Star Legal Associates.
Talk to Trademark Renewal & Restoration Consultants Now: +91 93143-21001
Conclusion
In conclusion, trademarks are very important for maintaining brand identity and reputation in the market. Trademark is important to maintain brand integrity and reputation in the market. It also increases trust among people. The trademark owner is provided with several rights like trademark renewal and restoration.
FAQ:
What is the limit of Trademark Renewal
10 years from the date of publication.
What are the benefits of Trademark Renewal?
The main benefit of Trademark renewal is to get the exclusive rights back for the protection of the brand.
What happens is to fail to renew your trademark.
If the trademark is not renewed, the trademark will be canceled. But you can get back your trademark with the restoration process.
What is the limitation period for a trademark
valid for 10 years.
What is the time period of the restoration process
The time period is after 6 months and within 1 year from the date of expiry.
If my Trademark is not renewed will I be able to use the ™ or ® symbol?
No, you can’t use the ™ or ® symbol if your trademark has expired and you have not renewed it.
What is the fee for Trademark Renewal
The cost includes government fee, renewal fee, and the attorney fee.
What will happen if the Trademark is not renewed?
If the trademark is not renewed, it will be removed by the registrar from the register.
