A trademark can be any word, phrase, symbol, design, or combination of these things that identifies your goods or services. This is the way the customer recognises you in the business marketplace. A trademark distinguishes your business from others.
Today, trademarks are emerging as an important asset for business entities to establish their presence in the marketplace in India and abroad. Therefore, every business owners or individuals should to know about about trademarks and the procedure to register them.
It not only grants the registered owner the exclusive right to use the mark, but it also prevents other competitors from using the same identity.
Here you can read our full blog about trademarks and their benefits.
Difference between Trademark Renewal and Restoration in India
Trademark Renewal
Renewing your trademark is very essential because it provides you the legal rights possess in your brand identity, in addition to thwarting others from utilising the mark.
In India, you have to renew your trademark every 10 years from the date of filing. According to the Trademark Act 1999, in every 10 years, the trademark owner should have renew a trademark; failing to do so, the trademark can be lapses.
Trademark Restoration
An expired or abandoned trademark owner can recover their rights and use the mark exclusively again through a formal process known as trademark restoration. This gives a second shot at making up for mistakes made accidentally and recovering a brand’s important asset.
When a trademark owner may be forget and lets their trademark expire or become abandoned because they don’t renew it within the given time, trademark restoration becomes important. Section 25(4) of the Trademarks Act, 1999, maintain the restoration process; the Trademark Rules 57–61 provide you specific directions for the restoration process.
Renew Trademark After Expiration in India
Trademark renewal is one of the legal extension of a trademark registration beyond its initial validity period. The majority of countries, including the US, EU, and India, grant trademark owners the ability to renew their marks on a regular basis, usually every ten years. Renewing a trademark proven that your intellectual property will remain legally protected.
Time Limit for Trademark Restoration in India
The Trade Marks Act of 1999 makes your trademark registration good for ten years from the date you submitted your application. Put your application date—rather than your registration date—on your calendar for ten years.
Your registered trademark is valid up to 10 years from the date of filling; after that, you should to renew your trademark. After renewing your trademark, it will be active again for the next 10 years or more. Additionally, you can continue to enjoy all legal rights for your trademark for the rest of your life by renewing it every other year.
How to Restore a Trademark After 6 Months of Expiration in India
The trademark owner re-registers a trademark that they have previously withdrawn from registration. They may submit a restoration application to the registrar’s office to restore the trademark. After six months and within a year of the registered trademark’s expiration date, you must submit an application for trademark restoration and complete the TM-R form.
Step-by-Step Guide to Trademark Restoration Under the Trademarks Act, 1999
The trademark owner restores a trademark through a legal process that reinstates the trademark after removal from registration for whatever cause, including non-renewal.
Here are the following steps to restore a trademark in India:
- Timeline – You must initiate trademark restoration within six months after expiry with the prescribed fee or within one year after six months with additional fees.
- TM-R- You can file the online form TM-R (renewal) or TM-13 in IP India.
- Document – Collect the required documents like trademark registration Certificate, POA, Photo ID, etc.
- Payment – You have to pay the prescribed fee for the restoration.
- Examining- Review of your documents and Forms by the Trademark Office.
- Publication – After completion of all requirements, the Trademark Office will restore your trademark and publish it in a journal.
- Restoration – If no objections are raised by the examiner, then the registry reinstates your trademark.
Purpose of Form TM-R
This is where everything starts. Form TM-R can be filed at any time within one year before expiry. We handle the technical details – you just need to provide authorisation. The form goes directly to the Trade Marks Registry, along with your renewal fees.
The TM-R Form is a necessary document for online trademark renewal in India. Before the current trademark registration expires, the trademark owner must file a renewal application for a registered trademark with the Trademark Registry. When a trademark owner’s name or address changes, for example, the owner utilizes the TM-R Form for both unmodified and modified renewals.
TM-R for restoration also
When a trademark expires, the owner uses trademark restoration owing to non-renewal. The procedure of restoring a trademark’s validity enables companies to recover their rights. But compared to renewal, it’s a more complicated process.
Since the introduction of the new Trade Marks Regulations in 2017, the authorities have shortened the process. We no longer utilise distinct forms for renewal and restoration. Form TM-R is used for everything.
Documents Required for Trademark Restoration in India
The following documents are needed for trademark restoration in India:
- Form: TM-R is used for trademark restoration along with prescribed fees.
- Identity proof: Any photo ID issued by the national government.
- Application: The applicant uses a copy of the original trademark application form (TM-A) at the time of filing.
- Certificate: Copy of original trademark certificate.
- POA: Power of attorney, if applicable.
Trademark Restoration Process and Fees
- Filling out the TM-R application is the first step toward the restoration process.
- TM-R form filled with proper documentation along with a prescribed fee.
- Applicants must submit the application with a detailed explanation of the reason why they did not renew the expired or lapsed trademark.
- After six months to one year has expired, the trademark owner can file for trademark restoration.
- Publication of a trademark in a trademark journal announces the acceptance or denial of a trademark restoration application.
- The registrar will issue an order restoring the trademark if he is convinced that it should be done.
- The fees for trademark restoration U/S 25(4) of the Trademark Act 1999 are INR 9,000 (for online filing) or INR 10,000 (for physical filing).
Can I Restore My Trademark After It Is Removed from the Register?
Yes, you can restore a trademark, maintain and controlled by Trademark Act 1999, U/S 25(4). If your trademark lapses for any reason, you can restore the trademark within 6 months to 1 year of expiration by following restoration procedure with a prescribed fee.
You can hire any professional who can assist you in the trademark restoration process. A professional with many years in the same field, it reduces the chances of rejection.
Lapsed Trademark Restoration India: Important Points to Remember
Some common challenges faced during the lapsed trademark restoration process are as follows:
- Delay in form filling – You have to file within 6 months to 1 year.
- Opposition – Third parties can object to the restoration, particularly if the lapsed marks resemble their own or have been unused.
- Objection – Examiner can object if he is not satisfied with your reason.
- Additional cost – late fine fees can be financially burdensome for small entities or startups.
FAQ
1. What is the difference between Trademark Renewal and Restoration?
Trademark renewal applies to your trademark after every 10 years of filing. You have filed TM-R along with applicable fees to alive your trademark fail to do it cause trademark to lapse. Then, within 6 months to 1 year, you have to file a trademark restoration to reinstate your trademark with the same form, with applicable fees and proper documents.
2. How long do I have to restore a missed trademark in India?
If you missed renewing your trademark for any reason, you can restore it with the Trademark Restoration application with applicable fees within 6 months to 1 year from the date of expiration.
3. What is the government fee for trademark restoration?
There is a government fee to pay for trademark restoration, which is INR 9,000 (for online filing) or INR 10,000 (for physical filing).
4. Which form is used for trademark restoration in India?
TM-R form used for trademark restoration. You can file this form in IP India along with the prescribed fees.
5. Can someone else register my trademark if I miss the deadline?
Yes, if you miss the deadline, the trademark office removes your trademark from the registry, and you lose all rights. So others can register your trademark.
Conclusion
Renewal of a trademark is very important to stay alive for the protection of your trademark. Business leaders or founders, or individuals, are always facing difficulty in maintaining the timeline of trademarks. Causing loss of trademark protection, and another stole your trademark.
You can hire Intellect Bastion for trademark filing or related work, like renewal, restoration, etc. We have experienced professionals who have been working with a trademark for several years.
