Trademark Restoration
Trademarks Restoration in India are a vital asset for all businesses that serve as unique identifiers that differentiate goods and services from competitors in the market places. And within India the trademark is protected under the Trade Marks Act 1999. Therefore, it is very important to register the trademark and also maintain the trademark renewal at a high level as failure in renewal can result in the trademark being removed from the registered list.
This article mainly tells you in detail about trademark restoration by Blacktie Legal Services India LLP and its process, duration and required documents.
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What is Trademark Restoration ?
A trademark needs to be renewed every 10 years to ensure exclusive rights and continued protection in India. Every trademark has to be renewed within a given period of time, if it is not renewed on time then your trademark may be removed from the register as it is at risk of being misused by unscrupulous persons. Any expired trademark can be reinstated but it involves a specific procedure which must be followed carefully.
Trademark Renewal vs. Restoration
Before understanding a trademark restoration, it is important to understand the difference between renewal and restoration:
Trademark Renewal: This is a procedure in which a trademark is renewed before it expires. The renewal procedure makes the trademark remain in the registered list and allows it to be under the full protection legal.
Trademark Restoration: This process is used in such an aspect where a trademark is already unprotected and is not renewed earlier. Therefore, reinstatement can be understood not only as renewal of the trademark but also as its reinstatement on the register.
Duration for Trademark Renewal and Restoration
The time period of trademark renewal and restoration is based on several aspects, including promptness of filing the application and accuracy of the documents submitted. The specific timeline is very well overviewed here:
1. Trademark Renewal
- Standard Renewal: A trade mark renewal application can be filed within 6 months from the date of expiry and the process will normally take 1 to 3 months if it is processed.
- Late Renewal: In this, the trademark application can be filed within 6 months of the expiry date along with late fees and the entire process takes approximately 2 to 4 months.
2. Trademark Restoration
- Application Filing: It is very important to file the trademark restoration application within 6 months to 1 year of the expired date of last registration.
- Examination and Advertisement: It usually takes 3-6 months.
- Opposition Proceedings (if any): Try to increase this procedure by about 3 to 6 months.
- Issuance of Certificate: Once permission is obtained from the Trademark Restoration Office, the certificate will be issued within 1 to 2 months.
Required Documents for Trademark Restoration
Some essential documents are very much required for application for trademark restoration and all the documents are mentioned below:
- Form TM-R: Government prescribed form for trademark restoration.
- Proof of Identity: A few copies for proof of identity of the owner of the trademark for example, identity card, PAN card, Aadhar card etc.
- Proof of Address: Some copies like electricity bill or bank statement for proof of trademark owner.
- Power of Attorney: If the trademark restoration form is filled by a professional agent on behalf of the owner, it is very important to have a duly executed power of attorney.
- Affidavit: An affidavit of non-renewal of the license explaining the cause of non-renewal and the cause of delay in filing the restoration of license.
- Fee Payment Receipt: Proof of payment of fee required for trademark restoration.
Procedure for Trademark Restoration in India
There are several steps that have to be completed to restore a trademark, which is why we have explained the trademark restoration process step by step below.
Step 1: Application for Restoration
If a trademark has not been renewed and has also been removed from the registered list then the trademark owner can fill the application form for its restoration. It is very important to file the application for trademark restoration within 6 months to 1 year from the expired date using the prescribed form, TM-R.
Step 2: Payment of Fees
It is crucial to attach the required fee along with filing the application for trademark restoration. The fee structure of trademark restoration is designed consisting of a standard fee and additional fees. You can check all trademark restoration fees from the official website of the Controller General of Trademarks or you can also take the help of experts at our law firm Blacktie Legal Services India LLP.
Step 3: Examination of Application
Once a trademark restoration application is filed, your trademark will be completely verified by the trademark registry. The examiner will review the application after examining all your needs and will evaluate whether the trade mark can now be restored.
Step 4: Advertisement in the Trademark Journal
Once the examiner is satisfied with the application the restoration of the trademark will become effective and will be published in the Trademark Journal. This will be an acknowledgment to the public that anyone who wishes to object against the reinstatement must lodge the objection within the prescribed time limit of three months of publication of the advertisement.
Step 5: Opposition Proceedings (if any)
If no one files an opposes within a specific period of time then the owner’s trademark will be restored and if someone opposes then the matter will go on for a long time for hearing and the arguments of both the parties. It is heard after which the decision will be taken on the basis of merits and demerits of the registrar.
Step 6: Issuance of Certificate
Once a trademark reinstatement is approved, the Trademark Registry will issue a Certificate of Reinstatement, which will confirm that the trademark has been reinstated to the register, thereby providing the same level of protection as before, will go to what is already being given.
Conclusion
In conclusion, trademark restoration in India is an important process aimed at renewing tarnished trademarks and protecting the brands of business enterprises. The process involves submitting applications and following the legal formalities and legal deadlines as permitted. Trademark protection and the rights related to it are irreversibly lost at the right time.
If you need professional help in the restoration process or need professional help on how to handle the process, BlackTie Legal Services India LLP should be your go-to company. Restoration of a new trademark can be a difficult process, but leave it to our team of professionals who will ensure that you get the best protection for your intellectual property.
What we can offer ?
Blacktie Legal Services India LLP offering trademark registration services in India typically provides the following:
Core Services:
- Trademark Search and Availability Check:
- – Conducting thorough searches to determine the availability of a desired trademark.
- – Providing detailed search reports and analysis.
- Trademark Application Filing:
- – Preparing and filing trademark applications with the Indian Trademark Registry.
- – Ensuring compliance with all legal requirements and formalities.
- Trademark Class Selection:
- – Assisting clients in selecting the appropriate trademark classes for their goods or services.
- Trademark Registration Process Management:
- – Handling the entire trademark registration process, from filing to registration.
- – Communicating with the Trademark Registry on behalf of the client.
Additional Services:
- Trademark Watch Services:
- – Monitoring for potential trademark infringements or oppositions.
- – Providing alerts and recommendations
- Trademark Renewal: Managing trademark renewal processes to maintain ownership.
- Trademark Licensing and Assignments: Assisting with trademark licensing and assignment agreements.
- Trademark Litigation Support: Providing legal support in case of trademark disputes or infringement.
- Trademark Portfolio Management: Managing a client’s entire trademark portfolio, including registration, renewal, and enforcement.
- Value-Added Services:
Trademark Strategy Consulting: Offering advice on trademark selection, protection, and enforcement strategies.
Brand Protection Services: Providing comprehensive brand protection solutions, including anti-counterfeiting measures.
Online Trademark Management Tools: Offering online platforms for clients to track trademark status and manage their portfolio.
By offering a comprehensive range of services, trademark registration blacktie can help businesses protect their intellectual property and build strong brand identities.