Trademark Restoration

Intellectual Property Services

Our discerning, perfect, and dedicated services for IPR in India, cover all diverse categories of intellectual property. The sumptuous commercial and industrial intellectual property is broadly divided into the major categories of copyrights, trademarks, patents, industrial designs, and geographical indications.

Trademark Restoration

Overview
Why Taxcomate
Process

A trademark is a sign, symbol, word, or words registered or legalized for the use of representation of a company’s product or services. Hence, any tamper or illegal use of this trademark by any other company it does not belong to, gives the authorized company the right to legal action – making trademark of a company the most important feature of its existence.

Once a company is formed, it must register its trademark with the Registrar, which is valid for ten years only. Therefore, to retain its trademark rights after the ten years of validity, the company must renew it from time to time. Trademark renewal will help in the preservation of right and all the protection that comes with it.

Trademark renewal process must begin six months before the expiration of the validation period. If the company has not applied for the renewal process, the Registrar will send the company a notice 1-3 months before the expiration date. The company that fails to apply for the renewal process with the renewal fees within this period or until after the expiry, will lose its trademark and bear the adverse effects.

If the period to renew the trademark registration has lapsed, then the company can apply for the restoration of the trademark. However, this restoration application has to be made six months to one year from the expiration date.

Requirements of trademark restoration

Form TM-12: This application is filled when the renewal process is within the timeline. There will be no surcharge fee required.
Form TM-10: This application is filled when the renewal process is carried within the six months before the expiration date. A renewal fees is applicable in this case.
Form TM-13: This application is filled when the trademark is removed from the register of trademarks. The renewal and restoration process will take place six months to one year after the expiration date of registration and both renewal and restoration fees is levied to the applicant.

Frequently Asked Questions (FAQs)

For how long will the renewal of the trademark registration be valid?

The renewal of trademark extends the validity of right and protection over trademark for another ten years. To extend its validity further, the company will have to follow the renewal process at least six months prior to its expiration date.

Proprietorships are not regulated by any particular Act, hence there is no registration. Every buiness needs registration under Shop & Establishment Act whether it is providing a service or dealing in goods. Other registrations such as GST etc depend upon nature of product/service.

consequatur.

What happens if I fail to follow the renewal of the trademark?

The following effects may take place if you fail to renew the trademark:
• The Registrar will remove the trademark from the register of trademarks, making it available to any use by any company.

• It affects the legal rights and exclusivity, making the owner vulnerable to any violation

• A company is no longer protected by infringement claims

1.Required Documents for Trademark Renewal

Authorization documents
Trademark Owner KYC documents

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Trademark Restoration

₹1,999.00

There is an extensive range of services for each of these categories; that start from the very beginning of a creation to perfect registration and well-rounded protection to the same, in the desired national or international jurisdictions. These all categories of intellectual property are considered as the lifeblood of businesses in the respective fields, and therefore, require scrupulous and flawless handling from beginning to the end.

Protect your BRAND

	TRADEMARK	COPYRIGHT	PATENT	DESIGN
Protection provided for	Any word, logo, symbol, mark, phrase that distinguishes goods of one party from another.	Novel works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures etc.	Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these.	Features of shape, configuration, pattern, ornament, composition of lines, color or combination thereof applied to any article.
Requirements for registration	The mark shall be unique.	The work must be original, creative and should be capable of fixing in the tangible form.	An invention must be new, useful and non-obvious	The design must be original and should be applied to the article by any industrial process.
Duration of Protection	For 10 years	Author’s life plus 70 more years.	For 20 years.	For 10 years.
Rights granted	Rights to use the mark and prevent any third person from using the deceptively similar mark.	Right to control the reproduction, making of derivative works, distribution and public performance and display of the copyrighted works.	Right to prevent others from making, selling using or importing the patented invention.	Provides the creator, exclusive rights over use of the design.
Who can obtain?	Business owners or the product owners.	Authors, artists, choreographers, architects, and other creative professionals.	Inventors and designers.	Designers or the owners of the product.