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What is Trademark Restoration?

With Trademark being an imperative part of intellectual property, its timely renewal is of paramount importance for every company or trademark owner. Sometimes trademark owners intentionally or unintentionally fail to comply with the renewal requirement and eventually end up losing legal protection of their mark. Whenever a given trademark losses its validity, its removal from the trademark register comes into effect. The removal of a trademark from the register implies that a given mark or logo no longer adheres to legal protection. Thankfully, the Trademark Act has provisions for the revival of trademarks whose validity has come to an end. This process of reviving the expired Trademark is known as Trademark restoration.

What is a Trademark?

Trademark is an essential part of intellectual property which can be a name, phrase, word, or symbol. Trademark imparts distinctiveness to a brand, product, or service, helping companies to create a unique market positioning. Trademark also serves as a source identifier of a particular brand or product, helping companies to get recognized in the competitive market. Since a trademark renders exclusive ownership rights over a given mark, it enables the owner to keep infringers at bay. Also, it empowers owners to sue the infringer in case of an alleged trademark breach. Take note that a trademark cannot prevent any third party from manufacturing or trading goods falling under a different mark.

Form Filing for Trademark Restoration and Renewal in India

Following are the different types of forms concerning trademark restoration/renewal in India. Each form caters to different conditions of renewal.

Form TM-12

Form TM-12 is used when the applicant wants to apply for renewal within the stipulated timeline i.e. within one year from the expiration date. The filing of this form does not attract a surcharge fee.

Form TM-10

Form TM-10 comes into play when an application wants to apply for trademark renewal within six months before the expiration date arrives. In this case, the renewal fees and surcharges come into effect.

Form TM-13

Form TM-13 is for the revival of a trademark that has been removed from the trademark register. The applicant must file this form within 6 months to one-year post-expiration date. In this case, the renewal and the restoration fees shall come into effect.

Documents for Trademark Restoration

The following are the Documents required to apply for trademark restoration in India:

  • Registration certificate copy
  • Duly with form TM-13
  • Applicant details such as ID and address proof
  • Power of attorney if the owner is applying via an agent.t

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Process of Trademark Restoration

The listed below is the detailed process of trademark restoration. Make sure to follow each step cautiously to avert any chances of application cancellation. You can also contact Corpbiz professional if you want to secure the registration in one go.

Step 1: File the prescribed application

Form TM-13 act as an application for trademark restoration. Make sure to aptly filled the application to avoid any chance of rejection. Get in touch with Corpbiz expert if you want seamless form filing.

Step 2:  Attached the required Documents

Form TM-13 goes along with mandatory Documents, including applicant address and ID proof, copy of preceding registration, etc. Make sure to arrange these Documents beforehand to save time.

Step 3: Submit the form along with the fee

Submit the application attested with mandatory annexures and fees to the registrar by the way recommended in the governing legislation.

Step 4: Application vetting

The vetting phase shall come into effect as soon as the application reaches the registrar. During the inspection, the officer will look out for legal inconsistencies and errors in the context of the prevailing trademark act. 

Step 5: Grant of registration

After finding no error in the applicant and Documents, the registrar will stamp his approval for the grant of trademark registration, which will stay valid for ten years.

Validity of a Trademark

Every registered Trademark comes with 10 years of validity. Its renewal can be done as many time as the owner want or until the product or brand last. Renewal of the Trademark is vital to keep the vested rights intact and perpetual. The owner must renew the Trademark six months before the date of the validity deadline. If the owner fails to ensure timely renewal, the registrar shall inform the owner about the renewal around 1-3 months before the trademark expiration arrives.

The untimely or non-renewal of a given trademark can cost a fortune for a company since a non-renewed mark does not have any legal protection.

The expired Trademark can be renewed via the trademark restoration process. But, a restoration facility is available for one year from the expiration date-meaning the expired Trademark can be renewed within a one-year from the expiration date.

Why approach CorpBiz for Trademark restoration services?

Every Trademark is special and valuable for the company. The late or non-renewal of a trademark makes it vulnerable to infringement which can further translate into unprecedented monetary losses. The emerging and popular trademarks need to have perpetual legal protection so that no one can misuse them. To stay ahead of the curve, it is better to hire someone with IPR expertise. Corpbiz has a pool of experienced professionals that have a zeal for rendering class-leading IPR services to clients across India.

Frequently Asked Questions

Trademark restoration helps revive the expired Trademark against the stipulated application form and fee.

The process of trademark restoration starts with the application filing. The trademark revival application can be filed after six months or within one year from the expiration date.

The owner can renew its Trademark as many time as he wants. The renewal timeline will be equivalent to registration validity, which is 10 years. For every subsequent renewal, 10 years of legal protection shall be provided. So technically, a trademark can stay legally enforceable for a lifetime as long as you renew it timely.

Such an arrangement is not legally enforceable under the prevailing trademark legislation. If the application for the Trademark has been filed, the authority may revoke the request for registering the same mark again. Similarly, the consecutive filing of two applications requesting registration for an identical mark shall get the same treatment.

A dead trademark can be an expired trademark or a trademark with no legal significance. Such trademarks are available for registration as per the governing legislation.

The condition of abandonment, improper assignment and improper licensing can trigger the loss of the Trademark for the owner. If the owner intentionally opts for the non-use of the Trademark for three consecutive years, the condition of abandonment shall come into effect, and hence it will be considered that the owner has no intention to use the mark in the future.

Form-48: Form-48 is an authorization for filing a trademark application on the owner’s behalf. The form encloses key information about the applicant including name, address, and nationality.

The non-renewal of a trademark can trigger several adverse scenarios such as removal of the Trademark from the trademark register, attenuation of legal rights, increased chances of being infringed, etc.

A trademark makes companies or their offerings recognizable among customers. It is directly associated with the company's goodwill and hence it can be a credibility booster for several organizations. Apart from carving a special position in the market, the Trademark also prevents others from misusing the mark and incurs penalties for infringers, ensuring end-to-end safety for the owner's rights.

The official fee for renewing one trademark class is around Rs 10000/.

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