Resumption of a Trademark
A trademark can take various forms, such as a name, logo, image, word, expression, label, or even sound, and it serves as a symbol of your brand identity. The initial stage in safeguarding your brand name is to complete the trademark registration process. Once successfully registered, a trademark becomes a valuable asset reflected on your business’s financial records, signifying not only the brand itself but also its goodwill. Reviving a trademark may involve submitting a declaration of usage or justifiable non-usage to the relevant government body.
Delving into Trademark Law: A Comprehensive Exploration
By Section 25 of the Trademarks Act of 1999, trademarks are initially granted registration for 10 years and subsequently require renewal.
Furthermore, as stipulated in Rules 57 and 58 of The Trademark Rules of 2017, an application for trademark renewal must be submitted within one year preceding the expiry date of the registered trademark.
Suppose the deadline for trademark renewal is missed. In that case, there is a grace period of six months after the expiration, during which a renewal application can be filed, albeit with an additional late fee.
Typically, before the expiration of a registered trademark’s registration, the trademark owner receives a notice from the trademark registrar’s office. This notice informs the owner about the impending expiration and the associated requirements for payment of renewal fees. Conversely, if the owner fails to secure the renewal before the expiration date, the registrar retains the authority to expunge the trademark from the official trademark registry.
The Benefits of Renewing Your Trademark
Extension of Ownership Rights: When you initially register a trademark, you secure exclusive rights to use it in connection with your goods or services. However, these rights have a limited duration, typically ten years. By renewing your trademark, you effectively prolong these rights for another ten years. This extension is essential to maintain your exclusive control over your brand identity, preventing others from using it without your consent.
Protection Against Legal Disputes: Trademark renewal is your insurance against potential legal conflicts. With a renewed trademark, you maintain a solid legal basis to challenge any infringement on your brand. You can take legal action against individuals or businesses that try to use your trademark without permission. This not only protects your brand but also discourages others from attempting unauthorized use, as they are aware of your legal recourse.
Attraction of Top Talent: A well-established and protected brand is an attractive prospect for top talent. Talented individuals are drawn to organizations with a strong brand image and a history of goodwill. When you consistently renew your trademark, you reinforce your brand’s presence and its unique qualities. This, in turn, enhances your brand’s reputation, making it more appealing to prospective employees. As a result, you’re more likely to attract and retain high-quality personnel, which can be a significant advantage in the competitive talent market.
In summary, renewing your trademark not only extends your ownership rights and shields you from legal disputes but also plays a pivotal role in building a positive brand image that can help you attract and retain top talent, ultimately contributing to your organization’s success and growth.
Documents Required
To complete your restoration application, you must provide copies of the following documents:
- PAN Card: This is your Permanent Account Number card issued by the Indian tax authorities. It is proof of your identity and is crucial for official financial transactions and record-keeping. Including your PAN card ensures that the authorities can verify your identity during the restoration process.
- Proof of Address: You’ll need to provide evidence of your address, such as a utility bill, an Aadhaar card, or any official document that confirms your residential or business address. This is essential for correspondence and ensuring that the authorities have the correct contact details.
- Certificate of Incorporation: This document certifies the legal existence of your business as a registered entity. The government issues it upon your company’s formation. Including the Certificate of Incorporation confirms the legitimacy of your business entity.
- Trademark Filing Certificate: This certificate is issued by the trademark registry and serves as proof that you have previously filed for trademark registration. It helps establish your claim to the trademark and is necessary for the restoration process.
- Power of Attorney: If you are appointing someone else to submit the restoration application on your behalf, a Power of Attorney is required. This legal document authorizes the designated individual to act on your behalf in matters related to trademark restoration.
Providing these documents is a crucial part of the restoration process, ensuring that your application is complete and in compliance with legal requirements. It also helps the authorities verify your identity, business entity, and the validity of your trademark claim.
Process for Restoring a Trademark
The procedure for restoring a trademark involves two methods:
Restoration with Alterations: This method allows you to apply for trademark restoration through the website while also making alterations to the existing trademark. You have the option to modify or change any words or elements within your existing trademark. This approach is suitable if you wish to update or refine your trademark while restoring it.
Restoration without Alterations: Alternatively, you can opt for trademark restoration without making any changes to the existing trademark. This method is appropriate if you want to reinstate your trademark exactly as it was without any modifications. It’s a straightforward process to regain the protection and rights associated with your original trademark.
These two options provide flexibility to trademark owners, allowing them to choose the restoration method that aligns with their specific needs and preferences. Whether you want to update your trademark or preserve it as it is, the restoration procedure accommodates both scenarios.
Step-by-Step Guide to Resuming Your Trademark in India
Step 1: Filing Form TM-R
If you are the registered proprietor of the trademark and wish to resume it, you need to initiate the process by filing Form TM-R. This form serves as the application for the resumption of your trademark. It can be obtained from the official trademark authorities.
Step 2: Applicant Information
The application can be filed either by you, the registered proprietor, or by an authorized agent acting on your behalf. If you choose to have an agent apply, ensure that they are duly authorized to represent you in this matter.
Step 3: Submission of Form TM-18 and Affidavit
Along with Form TM-R, you will need to submit Form TM-18. This form is to be accompanied by an affidavit that supports the statements made in your resumption application. The affidavit is a legal document that verifies the authenticity of your claims regarding the trademark resumption.
Step 4: Payment of Resumption Fees
To proceed with the resumption, you are required to pay certain fees. A trademark resumption fee of ₹10,000 is applicable for the physical filing of the application. Additionally, a restoration fee of ₹9,000 is levied. These fees contribute to the processing of your application and the reinstatement of your trademark rights.
Step 5: Scrutiny of Application
Once you have successfully submitted the application and paid the necessary fees, the trademark authorities will review your application. They will scrutinize the provided information and documents to ensure that everything is correct and valid. This step is essential to maintain the integrity of the trademark registration process.
Step 6: Issuance of Certificate
Upon satisfaction with the application, the trademark registrar will issue a certificate of restoration. This certificate is issued in the name of the trademark owner and serves as an official acknowledgement of the successful resumption of the trademark.
Step 7: Update in Trademark Journal
Subsequently, the resumption of the trademark will be duly reflected in the official trademark journal.
This step ensures that the public and relevant stakeholders are informed about the reinstatement of your trademark. It also helps in maintaining transparency and clarity in the trademark registration system.
By following these steps meticulously and adhering to the prescribed procedures and requirements, you can successfully resume your trademark, securing its protection and exclusive rights for an extended period.
Conclusion
Streamlined Trademark Resumption with Kanakkupillai: Restore Your Trademark in 3 Simple Steps!
Step 1: Document Upload: With Kanakkupillai’s expert guidance and user-friendly platform, you can effortlessly upload all the required documents, ensuring a hassle-free start to your trademark resumption process.
Step 2: Secure Payment: Our secure payment gateway allows you to easily pay the trademark resumption fees, providing peace of mind and convenience in managing your financial transactions.
Step 3: Swift Restoration: Thanks to Kanakkupillai’s efficient system and expert support, your trademark restoration journey will be swift and seamless, ensuring you regain your trademark’s legal protection within days. Let us be your trusted partner in preserving your brand identity!”
Kanakkupillai simplifies the process of trademark resumption, offering expert assistance and a user-friendly platform that ensures a smooth journey from document submission to the swift restoration of your trademark.
Ready to restore your trademark? Let’s get started with Kanakkupillai to protect your brand. Start now!
