How to Restore a Trademark in India?
Restoration of a trademark or service mark is the action or process of bringing back to the register of trademarks the mark which has been removed from it, caused by absence of timely renewal of the original or previous registration of the same. Any such removed trademark or service mark from the register of trademarks on the grounds of non-renewal of the previous registration of the same, can be restored to the register even after six months, and also within one year from the date of the expiration of its last registration. Our trademark lawyers offer services for punctual renewal of trademarks, renewal within six months from the date of expiration of its previous registration, and restoration of the trademarks removed from the register. This webpage presents very informative and fertile information regarding how to restore a trademark in india, under these all circumstances, for continuance of the exclusive ownership over the specified trademark, and the commercial uses of the same in entire India.
In India, the original or the very first registration of a trademark or service mark related with any of the 45 classes of the Nice classification of goods and services, is legally valid for just ten years, counted from the date of its previous registration. In order to continue to enjoy the rights given by the registration of the mark, the concerned person or entity is thus required to renew the registration well within or at the expiry of this ten-year period. The exclusive information about the renewal and restoration of trademarks is provided in the Section 25 of the Trade Marks Act of 1999. Generally, within three months prior to the date of expiration of the earlier registration of a trademark or service mark, the concerned registrar sends a notice in Form O-3 to the related proprietor or company, to remind him for timely renewal of the registration. Renewal of the previous registration extends the legal validity of ownership over the concerned trademark for another ten years.
The contemptible and costlier task of the restoration of a removed trademark can be averted, if the concerned proprietor or company takes due care to renew the last registration of his trademark within a maximum of six months counted from the date of its last registration. A trademark is removed from the register on the grounds of non-renewal, only after the six months of its expiration date of last registration. However, a prescribed surcharge fee is applicable for renewal of registration after the due date of mandatory renewal and within six months of the expiration of the last registration. The renewal or restoration within six months to within one year from the date of expiration of the last registration of the concerned trademark/service mark, is made in the prescribed manner, through the prescribed application form, and through paying the prescribed fees, including the surcharges fees if applicable.The following are the application forms used in case of these three broad cases:
- Form TM-12 [ https://ipindia.gov.in/writereaddata/images/pdf/tmformfree-TM-12.pdf ] : ---- For timely renewal of the first or last registration of a trademark or service mark. No surcharge fee required.
- Form TM-10 [ https://ipindia.gov.in/writereaddata/images/pdf/tmformfree-TM-10.pdf ] : --- For renewal of the registration within six months from the date of expiration of the last registration. A surcharge fee is payable in this case.
- Form TM-13 [ https://ipindia.gov.in/writereaddata/images/pdf/tmformfree-TM-13.pdf ] : --- For restoration and renewal of the registration of a trademark, which has been removed from the register of trademarks, after six months to one year counted from the date of expiration of its last registration. Both restoration and renewal fees are applicable in this case.
To avail our prompt, perfect, and expert services for trademark renewals or restorations in India or abroad, please call over: +91-8800-100-281; or send a mail to: Contact@TrademarksIndia.net; as early as could be possible.