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Trademark restoration is the process of recovering a trademark that has been removed from the Trademark Register because of the renewal has not taken place within a prescribed period of time. After the process of Trademark Restoration is done then the same trademark becomes valid for next 10 year. And the Legal Protection and the other benefit remain same as it had previously.
Trademark for Restoration can only be filed after the period of Renewal is passed or expired.
Business protection
Restore legal rights
In case of infringement, enables to file suit
Protect the Individuals associated with it.
Form TM-13: The application is filed when the trademark is removed from the Trademark Register. Renewal and reinstatement procedures will be carried out 6 months to 1 year after the registration expiration date, and applicants will be charged both renewal and reinstatement fees.
The grounds for restoring a trademark in India include that the trademark was removed due to non-use, that the non-use was due to special circumstances, and that the registrant has a bona fide intention to use the trademark.
No, you cannot use your trademark while the restoration process is ongoing. Your rights to use the trademark are suspended until the restoration is complete.
After a trademark restoration application is filed, the ITMR will review the application and the evidence provided. If the application is approved, the trademark will be restored to the register.
No, the restoration of your trademark only revives the registration of the trademark, but it does not automatically restore all of your rights to the trademark. You will need to take steps to establish use and enforce your rights, if required.
Yes, you can file for trademark restoration if your trademark was removed due to a cancellation action brought by a third party. However, it's important to note that you will need to overcome the grounds for cancellation that were cited in the original action.
The restoration of your trademark may affect ongoing legal proceedings related to the trademark, it's important to consult with a professional on how the restoration may impact any ongoing litigation.