Herity
Trademark Restoration
Trademark Restoration is the process or method of re-registering a Trademark in the Trademark Register after the deadline of Trademark Renewal has passed. Our team will assist you in submitting the Trademark Restoration application and also facilitate Trademark Renewal.
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Trademark Restoration: Overview
A trademark holds significant importance for a fresh product or enterprise. Many entrepreneurs or firms invest considerable resources and effort before introducing a new product or establishment in crafting a trademark. This article delves into the intricacies of the trademark restoration process.
A trademark encompasses a name, term, logo, brief phrase, or emblem utilized in commercial transactions to differentiate it from others and denote the origin of such goods. Trademark privileges are typically employed to hinder others from utilizing a similar mark. However, this does not prevent them from producing or vending the same goods under a distinct mark.
Among the most undesirable scenarios that could arise during the introduction of a new product or company is the realization that their trademark closely resembles, if not matches, that of another product or company. This could result in considerable confusion among consumers. Unauthorized utilization of a company’s trademark by another entity provides the owner with the prerogative to pursue legal recourse, rendering a company’s trademark among its most valuable assets.
A trademark encompasses a name, term, logo, brief phrase, or emblem utilized in commercial transactions to differentiate it from others and denote the origin of such goods. Trademark privileges are typically employed to hinder others from utilizing a similar mark. However, this does not prevent them from producing or vending the same goods under a distinct mark.
Among the most undesirable scenarios that could arise during the introduction of a new product or company is the realization that their trademark closely resembles, if not matches, that of another product or company. This could result in considerable confusion among consumers. Unauthorized utilization of a company’s trademark by another entity provides the owner with the prerogative to pursue legal recourse, rendering a company’s trademark among its most valuable assets.
Process of Trademark Restoration
- The TM-R form should be submitted by either the trademark proprietor or an authorized representative along with the required supporting paperwork and payment.
- The application must be submitted along with a statement outlining the reasons why the expired or lapsed trademark was not renewed.
- Trademark restoration applications must be submitted within one year from the proposed date but no later than six months after the expiration date.
- After submitting the application form, the owner is expected to periodically check on the application’s status because there are a number of time-sensitive tasks that must be completed by the applicant on behalf of the trademark registry.
- The registry must follow a continual procedure of status checks, including formality checks of the application’s quality and other inspections until the application process is complete.
- The Trademark Journal, an authorized gazette of the Trademarks Registry, notifies the approval or rejection of trademark registration applications.
- The trademark is published in the Trademark Journal if the Trademark Registrar deems the application to be appropriate.
- The third party is given a chance to contest the registration of the trademark when the application is advertised in the Trademark Journal. There is no necessity for the opposition process during the renewal of a trademark.
- The registrar will issue an order restoring the trademark if he is convinced that it should be done. The trademark will then be added back to the trademark registry, giving the company once more the sole right to use it.
Documents
Following
is the list of documents which are necessary for the trademark restoration
process:
- The proof of address of the applicant
- The photo ID of the applicant
- A copy of the application of the trademark for registration
- A PAN card
- Trademark registration certificate
- Power of Attorney
- A declaration outlining the causes or justifications for failing to renew the trademark within the required time frame should also be included.
- Form TM-12: This form is lodged upon the timely completion of the renewal process. There won’t be a need for a surcharge fee.
- Form TM-10: When renewing within six months of the expiration date, this application must be completed. In this instance, a renewal cost is applicable.
- Form TM-13: This form is utilized when a trademark is removed from the register of trademarks. Subsequent to the expiration of the registration, the renewal and restoration process will commence, and the applicant will incur fees for both.
Note- The applicant must provide evidence whenever seeking removal of a registered trademark from the trademark registry.
Registration Procedure for Trademark Rectification
- When the trademark registrar categorizes the trademark registration as undergoing Formalities Check or returned to EDP, the applicant is afforded the chance to present their case or Alternatively, to rectify the mistake and ensure the application's accuracy, it must be resubmitted. In such a case, the change in trademark has to be set up so as to address all the errors as reported by trademark examiner.
- The Form TM-O, utilized for seeking rectification of a trademark, must be submitted in triplicate.
- It's crucial to verify that the trademark application clearly articulates and elucidates all the reasons for which the rectification application is lodged.
- You should make your argument b enough with sufficient proof to get the rectification done.
- Furthermore, we strongly advise seeking assistance from a proficient expert in the field of Trademark Rectification to ensure comprehensive support and guidance throughout the process. The latest developments and innovations in the trademark industry.
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FAQ's on Trademark Search
A trademark renewal extends the validity of rights and protection over the trademark for an additional ten years. To extend its validity even further, the company must renew it at least six months before its new expiration date.
The following situation could come into play if one fails to renew the trademark: a) The Registrar will remove the trademark from the register of the trademarks, making the trademark available to any use by any other company. b) It may affect the legal rights and exclusivity of the brand, making the owner vulnerable to infringement violation c) The company is no longer be protected against infringement claims
An active trademark is in effect indefinitely. The key point here is that the owner must continue to use it in order for the trademark to be valid. The ownership or property rights of trademarks are based on the continued and active use of the trademarks and are not essentially secured by a contract or any other agreement.
A trademark represents a company’s or a specific producer’s or manufacturer’s goodwill. Consumers are protected from being misled by trademarks. Trademark symbols provide powerful source-identification cues that allow us to make a value judgement about the quality of certain goods before we sample them. Trademarks ensure free competition by safeguarding the goodwill of the organisation that owns the mark. Unlike copyrights, which are concerned with the marketplace of expressive ideas, trademarks are concerned with the marketplace of goods and services.
A trademark may be lost as a result of abandonment, dilution, or common use. If any other party can demonstrate that the owner intends to abandon a trademark, the trademark may be considered abandoned. If an individual or company wishing to challenge a mark can demonstrate that it has not been actively used. It is sufficient to cancel a trademark registration on grounds of abandonment. A trademark right may also be lost due to dilution. Dilution occurs when competitors use a similar trademark and the trademark holder does nothing to defend his or her mark. Another way for a trademark to be lost is through common use. This is when a trademark becomes associated with another specific good, and becomes the generic term for that specific good.
Yes, there is always the risk of a trademark becoming generic. When a trademark loses its distinctiveness, it can become generic. Typically, this means that it is being used so frequently that it has lost the unique characteristics that made it worthy of being a trademark in the first place. When a trademark becomes generic, it has adverse legal implications and consequences.
