Restoration Of Trademark

Restoration is the process of bringing back the trademark of the business to the register of Trademarks. A trademark guarantees the protection of uniqueness of a business’s name, symbol, phrase, or design that distinguishes it from others, but under the Trademark Act, 1999 it is only valid for 10 years. If a business wants to enjoy its trademark beyond that time period, it has to apply for renewal. Thus, a renewal will help in the continued protection of their interest and the perpetual preservation of their rights. 

A business must apply for renewal of the trademark at least 6 months before the date of its expiry. If it does not apply for renewal then as per the provisions of the Trademark Act, the Registrar sends a notice to them 1-3 months before the expiry regarding the same. If it still fails to renew the trademark, then the enterprise can get it restored within 6-12 months after the date of expiry. 

Application for Restoration of the trademark is made in two cases –

1. The registration is to be done within six months from the date of expiry of the trademark registration, wherein additional surcharges are also levied on the applicant. 
2. The registration is to be done after 6 months-12 months from the date of expiry of the trademark registration, wherein both restoration and renewal fees are applicable. 

Requirements for Restoration of Trademark :

• Form TM- 12: This application form is filled when the trademark hasn’t expired already and is well within the timeline. Therefore, no surcharge fee is involved. 
• Form TM- 10: This application form is filed when the restoration is applied for within 6 months from the date of expiration of the trademark. In this case, renewal fees and surcharges are applicable for restoration.
• Form TM- 13: This application is to be filled when the trademark is removed from the register of trademarks. The renewal and the restoration application and process takes place six months to one year after the expiration date of the registration and both the renewal and the restoration fees are levied on the applicant.