A brand identifier comprises different symbols, encompassing names and emblems to images, expressions, tags, or even noises. The first stage in securing your brand identity entails registering the brand. More than just protection, a formally registered brand carries importance as a valuable item on your company’s financial records, indicating positive reputation.
Reviving a brand entails multiple stages, with one involving the submission of a statement of usage and/or justifiably non-usage to the pertinent governmental body. This procedure guarantees the ongoing strength and legal status of your brand. In this blog, we shall see the steps for resumption of a trademark.
Understanding the Trademark Law
Intellectual property law involves a crucial element within legal structures. As outlined in the relevant legislation from 1999, a specific timeframe is designated for the initial registration of trademarks, lasting for a period of 10 years. Following this period, a renewal process is mandated.
Following the stipulations in the applicable rules from 2017, a formal application for the renewal of a trademark must be submitted within a particular timeframe. It’s noteworthy that this application needs to be filed a year before the scheduled expiration of the registered trademark. In case the deadline is overlooked, a provision exists for late submission, allowing for a grace period of 6 months post-expiration.
Prior to the conclusion of the trademark registration period, the owner receives notification from the trademark registrar’s office. This notification communicates the impending expiration and provides information on the conditions for renewing the registration through fee payments. Failing to renew before the expiration grants the registrar the authority to remove the trademark from the official register.
Advantages of Resumption of Your Trademark
Before going into the steps for resumption of a trademark, let us understand its benefits:
1. Extension of Ownership Right
The resumption of a trademark offers significant advantages by extending the ownership right of a business. Registering a trademark grants exclusivity over the brand identity, and each renewal provides an additional ten years of this exclusive right. This extension not only safeguards against infringement but also preserves the goodwill associated with the brand over the years.
2. Protection Against Litigation
Reinstating a brand symbol guarantees ongoing defense against unfounded legal disputes. Swift reinstatement of a brand symbol thwarts attempts by others to assert unjustified entitlements to the identity. Additionally, it enables the owner of the brand symbol to pursue legal measures against entities or individuals involved in unauthorized usage, as long as the brand symbol stays registered in their ownership.
3. Attraction of Top Talent
The regular resumption of a trademark contributes to the prolonged dissemination of an organisation’s vision, image, and unique characteristics. This, in turn, enhances the brand’s appeal to talented individuals seeking association with reputable brands. A positive brand image facilitates the attraction of skilled human resources, ultimately reducing the costs associated with sourcing and retaining quality manpower.
Documents Required for Resumption of a Trademark
When submitting a restoration application for your trademark, it is vital to provide certain essential documents. The following are the documents required for completing the steps for resumption of a trademark:
1. PAN Card:
A copy of the Permanent Account Number card is mandatory for the restoration application. This serves as a crucial identification document.
2. Address Proof:
Submission of an address proof is essential. This document verifies the official address associated with the trademark owner.
3. Certificate of Incorporation:
Including the CoI is a must for the restoration process. This document validates the legal establishment of the business entity.
4. Trademark Filing Certificate:
The restoration application requires the inclusion of the Trademark Filing Certificate issued by the registry. This certificate serves as evidence of the initial trademark filing.
5. Power of Attorney:
If the restoration application is being filed on behalf of the trademark owner by someone else, a Power of Attorney document must be provided. This grants legal authority to the designated representative.
Steps for Resumption of a Trademark
Restoring a trademark is a key process that allows registered proprietors to reclaim their trademark rights. There are two ways that trademarks can be restored by following the steps for resumption of a trademark mentioned below.
Ways to Restore Trademarks
Trademarks can be restored through two distinct methods:
1. Online Restoration:
Apply for restoration through the official website, allowing modifications to the existing trademark.
2. Offline Restoration:
Apply for restoration without making any changes to the existing trademark.
What are the Steps for Resumption of a Trademark?
The steps for resumption of a trademark are:
Step 1: Initiating the Process
The commencement involves submitting Form TM-R for the reinstatement of the trademark.
Step 2: Application Submission
The filing can be done by the proprietor or an authorized agent acting on their behalf.
Step 3: Providing Additional Documentation
Alongside Form TM-R, an affidavit supporting the reinstatement statement is required, submitted using Form TM-18.
Step 4: Payment of Fees
A Rs. 10,000 fee is applicable for physical filing, and an additional restoration fee of Rs. 9000 is charged for trademark reinstatement.
Step 5: Application Scrutiny
The application undergoes scrutiny to validate the accuracy of the provided information and documents.
Step 6: Certificate Issuance
Following scrutiny, the trademark registrar issues a restoration certificate in the name of the trademark owner.
Step 7: Journal Update
The successful resumption is reflected in the trademark journal after the issuance of the certificate.
Final Thoughts
The steps for resumption of a trademark provide a systematic process to reclaim exclusive rights. Beginning with the filing of Form TM-R, registered proprietors or their authorised agents can initiate the restoration procedure. Submission of Form TM-18 and an affidavit supports the resumption statement. A resumption fee of Rs. 10,000 for physical filing and an additional Rs. 9000 for trademark restoration are essential. The application is carefully examined to verify the given details. Once accepted, the trademark registrar grants a restoration certificate, and the successful resumption is noted in the trademark journal. Adhering to these steps for resumption of a trademark guarantees a seamless and legally conforming restoration process for trademark owners.
