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Trademark Restoration

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Trademark Restoration

Trademark Restoration

A trademark is a sign, symbol, term, or words registered or authorised for use in representing the goods or services of a company. Consequently, any tampering or unlawful use of this trademark by a company to which it does not belong gives the authorised company the right to take legal action, making a company’s trademark the most essential aspect of its existence.

Once a business is established, it must register its trademark with the Registrar, which is only valid for ten years. Therefore, in order to maintain its trademark rights after ten years, the company must periodically renew it. Renewal of a trademark will aid in the preservation of rights and the protections that accompany them.

The trademark renewal process must commence six months prior to the end of the validity period. If the company has not initiated the renewal procedure, the Registrar will send a notification between one and three months prior to the expiration date. The company that fails to submit a renewal application with the renewal fees within this time frame or until after the trademark’s expiration will lose its trademark and be subject to the negative consequences.

If the deadline for renewing the trademark registration has passed, the company can petition for the trademark’s restoration. However, this registration must be submitted between six months and one year prior to the expiration date.

Requirements of Trademark Restoration : 

Form TM-12: This form is filled out when the renewal process is within the allotted time frame. There will be no required supplementary fee.
Form TM-10: This application is filled out when a renewal is conducted within six months of the expiration date. A renewal fee applies in this instance.
Form TM-13: This form is filled out when a trademark is removed from the trademark registry. The renewal and restoration process will occur between six months and one year after the registration's expiration date, and the applicant will be charged both renewal and restoration fees.
Documents Required?

1. In regard to the trademark restoration following document are needed:
2. Authorization documents

FAQ

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

The following effects could take place if one fails to renew the trademark:

The Registrar will remove the trademark from the register of the trademarks, making the trademark available to any use by any other company.
This may affect the legal rights and exclusivity, making the owner vulnerable to any violation
The company can no longer be protected by the infringement claims

A trademark that is active last indefinitely. The key to that is that the owner must continue to use it for the trademark to remain valid. The ownership or the property rights of the trademarks depends upon the continued and active users and not essentially secured by a contract or any other agreement.

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