Trademark Renewal vs Trademark Restoration: Which is the right option for you?

What Is a Trademark?  

A trademark is a unique sign, symbol, word, or combination of these elements that serves to identify and distinguish the products or services of one business from those of others. Trademarks play a critical role in establishing brand identity and fostering customer recognition. These identifiers can include words, logos, or even sounds and colors.

Why Trademarks Are Important  

1. Brand Identity: Trademarks are a vital tool in creating a distinctive brand. They allow businesses to set themselves apart in the marketplace, helping consumers recognize and trust the brand.

2. Legal Protection: Trademark registration provides the owner with legal rights to prevent others from using similar marks that might create confusion among consumers.

3. Consumer Trust: A recognizable trademark helps customers identify the source and quality of a product or service, which is key to building loyalty.

4. Exclusive Rights: Once registered, a trademark grants exclusive rights to its owner, meaning no other business can use the same or a similar mark in relation to the same goods or services.

5. Asset Value: A trademark is a asset for any business. It can be sold, licensed, or used as collateral, increasing the company’s market value.

Understanding Trademark Renewal  

A trademark serves as a symbol or phrase that identifies and distinguishes the goods or services of one business from another. Registered trademarks provide exclusive rights to the owner, but these rights are not perpetual. In India, trademarks are valid for a period of 10 years, after which they must be renewed to remain active. The trademark renewal process is straightforward and can be completed online or offline.

Here are the key steps involved in trademark renewal:

1. Application Filing: File the renewal application (Form TM-R) within six months before the expiry of the trademark registration.

2. Required Documents: Submit the following

• • A copy of the registration certificate.

  • A copy of Form TM-A (original registration application).

  • ID and address proof of the applicant.

  • Power of attorney if filed through an agent or representative.

3. Fee Payment: Pay the applicable fees:

• • INR 9,000 for online filing.

  • INR 10,000 for offline filing.

4. Approval: The Registrar of Trademarks reviews the application and issues a renewal certificate if all requirements are met.

Timely trademark renewal ensures uninterrupted protection for your brand. Failure to renew within the stipulated period will result in the expiration of the trademark. However, you can still seek restoration within a grace period of one year.

Trademark Restoration: Meaning and Process   

Trademark restoration comes into play when a trademark has already expired due to non-renewal. Restoration is the process of reinstating a trademark’s validity, allowing businesses to reclaim their rights. However, it is a more complex procedure compared to renewal.

To restore an expired trademark, follow these steps

1. Application Filing: Submit an application for restoration with the required details:

• • Registration number of the expired trademark.

  • Date of registration.

  • Description of goods or services covered by the trademark.

  • Justification for the delay in renewal.

2. Restoration Fee: The fee for trademark restoration is generally INR 10,000, although additional costs may apply for multiple trademarks or offline filings.

3. Review and Approval: The trademark office evaluates the application and issues a restoration certificate if approved. Once restored, the trademark’s validity is extended for another 10 years.

Trademark Renewal or Restoration: Which is the Right Choice for You?  

Both trademark renewal and restoration are vital tools for maintaining the integrity of your brand identity. The primary distinction between the two lies in the timing and complexity of the processes.

• Trademark Renewal:

• • Should be pursued before the expiry of the trademark.

  • A simple and cost-effective process.

  • Ensures uninterrupted trademark protection.

• Trademark Restoration:

• • Applicable only after the trademark has expired.

  • Involves additional steps and a higher degree of scrutiny.

  • Requires a valid reason for the delay in renewal.

Choosing the right option depends on your trademark’s situation and the deadlines. If your trademark is about to expire, it’s best to renew it quickly. But if the deadline has passed, restoring it gives you another chance to keep your brand safe.

 Importance of Seeking Professional Guidance   

Navigating the intricacies of trademark renewal or restoration can be challenging. Consulting with an experienced trademark attorney is advisable to ensure accuracy and compliance. They can help you:

• Evaluate your specific situation.

• File the appropriate applications.

• Avoid potential legal complications.

Conclusion  

Renewing and restoring trademarks are key steps to protect a business’s ideas and branding. Renewal keeps a trademark valid before it expires, while restoration brings back protection for an expired trademark. Choosing between these depends on timing and the situation. By acting early and following the rules, businesses can keep their trademarks as valuable tools for the future.

Suggested Read :

Advantages of Trademark Renewal

Renewing International Trademarks

Trademark Rectification

Advantages & Disadvantages of Trademark withdrawal

Difference Between Trademark Withdrawal & Abandonment