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Trademark Renewal Vs Trademark Restoration

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Last Updated on June 21, 2024 by Sachin Jaiswal

Businesses that want to build a distinct character and protect their brand’s image need trademarks. Maintaining trademark registrations is important to protecting intellectual property rights and stopping rivals from applying similar marks. Trademark management needs two important procedures: restoration and renewal. A registered trademark is covered officially for an extra ten years by trademark renewal, which provides ongoing brand protection. Conversely, trademark restoration gives an owner a second chance to get legal protection by restoring an expired or removed trademark registration. Businesses that want to protect their valuable intellectual property must understand these processes.

Understanding Trademarks

A brand is a recognizable mark, symbol, word, phrase, or shape that marks and sets apart the source of a product or service. It helps set one company’s offers apart from its rivals by acting as both an official identification and a statement of the brand’s ownership. Marks protect intellectual property rights, avoid customer misunderstanding, and improve brand recognition and trust, which are important to business. They also work well as marketing tools, helping companies build a distinctive character and protect their brand’s image.

The well-known trademarks are the Apple logo, the Coca-Cola script, the Nike “Swoosh,” McDonald’s “Golden Arches,” and the Starbucks mermaid. These famous marks show the strength of trademarks in the commercial world by quickly showing the source and quality connected with the individual brands.

Differences Between Trademark Renewal and Trademark Restoration

Renewal of Trademarks Trademark Restoration
            What is trademark renewal?

Renewal of a trademark is the process of giving a registered brand an extra ten years of legal protection. In this way, the brand is kept legal and safe against unapproved use by rivals. It is important since renewal keeps the brand legal and keeps exclusive rights from being lost.

Restoration of trademarks: what is it?

Restoring an expiring or removed trademark registration is known as trademark restoration. This includes certain needs to get your name back into legal protection. When a trademark is taken from the record for non-renewal or removal, restoration becomes needed.

When to Renew a Trademark?

Renewals of trademarks in India must be filed at least six months before the end date. After the end date, the registrar offers a delay period of six months, during which time the trademark owner may still renew their mark for a fee. If the renewal is not finished by this time, the name will be removed from the register.

When to Restore a Trademark?

Six months to a year beyond the end date of the trademark registration, trademark restoration is possible. The owner of the trademark might restart their mark within this open time and avoid the fines of non-renewal.

Procedure of Trademark Renewal

An owner of a brand must send Form TM-R along with the required forms and fees. The papers include a copy of the registration certificate, the application form as originally filed, name and address paperwork, and, if an approved agent is filing the application, a power of attorney. Renewing costs ₹9,000 for online filing and ₹10,000 for hard copy filing.

Procedure of Restoring Trademarks

The following steps are necessary to recover a trademark:

●     Application Submission: Complete and submit the Trademark Registry Form TM-13.

●     Requirements Documentation: If an authorized representative is submitting the application, include a copy of the registration certificate, the previously submitted application form, identification and address documentation, and a power of attorney.

●     Costs Involved: Make the restoration fee payment; it is ₹9,000 for online filing and ₹10,000 for physical filing.

Result of Not Renewal of a Trademark

Should a brand not be updated within the given time, it will be removed from the register. This suggests that rivals may register similar marks, and the owner loses the right to use the mark specifically. The trademark journal will include a notice from the registrar stating the brand to be removed. This can have legal effects and cost the brand owner money.

Result of Not Restoring a Trademark

Should a trademark not be reinstated during the grace period, it will be deleted from the registry. This suggests rivals may register similar marks, and the owner loses the right to use the mark specifically. The trademark journal will include a notice from the registrar stating the brand to be removed. This can have legal effects and cost the brand owner money.

Key Ideas

●     Renewing usually takes place every ten years in India.

●     Legal standards are found in Trademark Rules 2017 Rules 57 and 58.

●     Documentation is needed, including a copy of the registration certificate, the application form as originally filed, name and address proof, and, if an approved agent is filing the application, a power of attorney.

●     Filing fees involved with filing—₹9,000 for online filing and ₹10,000 for offline filing.

●     Not renewing will result in you being pulled from the record, losing your exclusive rights, and facing legal repercussions.

Important Info

●     The normal restoration period is six months to a year after the expiry date.

●     Legal provisions are Trademark Rules 2017 Rules 57 and 58.

●     Documents needed: A copy of the registration certificate, the application form as originally submitted, identification and address documentation, and, if an authorized representative is submitting the application, a power of attorney.

●     Involved fees are ₹10,000 for physical filing and ₹9,000 for online filing.

●     Not restoring has consequences such as being removed from the register, losing exclusive rights, and facing legal repercussions.

Rationale of Procedures

The two different procedures of trademark renewal and restoration serve the same goal: maintaining a trademark’s validity and protection. The main distinctions are found in the status of the trademark and the filing window.

Process of Renewal

  • Timeline: This must be finished six months or before the expiry date.
  • Fees: To keep rights, only the standard renewal charge is required.
  • Legal Situation: No trademark protection lapse.

Processing of Restoration

  • Timeframe: Applies only six to twelve months after expiration.
  • Costs: Aside from renewal costs, there are further substantial restoration expenses.
  • Legal Status: This means that the mark is momentarily no longer legally enforceable.

Similarities

  • Filing certain paperwork with the Trademark Registrar is a part of both procedures.
  • Each calls for fee payment.
  • Both call for keeping deadlines.

Variations

  • Timeline: While restoration has to be done within a certain period of time after expiry, renewal may be filed at any moment within the validity term.
  • Costs: Restoration costs more than renewal does.
  • Legal Status: While restoration momentarily loses legal claim to the mark, renewal keeps the trademark protected legally.

Cost Implications

  • Retention of rights requires only a nominal renewal charge.
  • Restoring anything costs a lot more than just renewing it.

Timeframes and Deadlines

  • Renewal: This has to be done during a six-month grace period or before expiry.
  • Restoring: Only works six to twelve months after expiration.

Legal and Commercial Effects

  • Renewal: The legal claim to the trademark is lost if it is not renewed on time, which might allow others to use it without restriction.
  • Restoration: The owner must file for a new trademark registration, and the trademark cannot be renewed if the restoration is not completed within the allotted period.

A summary

A trademark’s validity and protection are largely maintained by the procedures of trademark renewal and restoration. Decisions on the future of your trademark must be made with knowledge of the distinctions and similarities between these procedures.

Practical Tips for Owners of Trademarks

  • Maintaining Trademark Records: Keeping your brand valid and protected requires accurate records of trademark registrations and renewals. Retain a single copy of all trademark-related paperwork, including renewal letters, registration certificates, and contact with the trademark office. This guarantees you have simple access to and management of your trademark portfolio.
  • Reminder Setting: Set reminders for renewal dates using calendars, email reminders, or specialist trademark management software. This will ensure that you stay on schedule and don’t miss important deadlines.
  • Looking for Expert Advice: To be sure you are handling your trademark portfolio appropriately, speak with trademark law specialists. They may advise on trademark restoration and renewal and assist you with any ensuing legal matters.
  • Staying Informed: Register for pertinent newsletters and periodicals, attend industry conferences, and routinely check official government websites to stay informed about trademark rules and regulations changes. This enables you to keep ahead of the competition and choose your trademark portfolio with knowledge.

Conclusion

In conclusion, companies that want to preserve their legal protection and exclusive rights over their priceless brand identities must promptly renew and restore their trademarks. Maintaining correct records, establishing renewal reminders, and consulting a specialist are all part of proactive trademark management that guarantees ongoing brand protection. Companies choosing between renewal and restoration should give their status much thought.

As renewal keeps legal protection in place, it is favored; restoration entails a more involved procedure and a brief loss of rights. Still, restoration gives companies that have missed their renewal deadlines another shot. Businesses may make educated choices and guarantee the long-term protection of their intellectual property and brand image by realizing the value of timely trademark renewal and restoration.

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Sachin Jaiswal

Sachin Jaiswal B.A.(Hons)! Sachin Jaiswal has been writing material on his own for more than five years. He got his B.A.(Hons) in English from the well-known University of Delhi. His success in this job is due to the fact that he loves writing and making material that is interesting. He has worked with a lot of different clients in many different fields, always giving them high-quality content that their target audience will enjoy. Through his education and work experience, he is able to produce high-quality content that meets his clients' needs.