How to Restore your Trademark

Trademarks don't have lifetime validity. Hence, they have to be renewed every 10 years as regulated by the Trademark Act 1999 of India.

Did you miss your re-registration date that has led to the expired trademark? Well, you need not to get too worked up as you still can restore your trademark.

In India, even though the trademark is expired, one can apply for its re-registration or renewal. But then there are challenges, if somebody else has already applied for registration of the expired trademark, then the owner is not left with any choice but to file objection or opposition against the third party.

So in case the trademark holder misses out the renewal or re-registration period then there are few consequences that the owner of the trademark will face:

  • If the proprietor doesn't apply for renewal or pay the fee for renewal, then it is certain that the trademark will be removed from the register. Before taking the decision, the registrar will publish in the trademark journal with tentative reasons for the removal of the specific trademark.
  • Not renewing the trademark will lead to hampering legal rights and along with the owner it affects the people associated with the registered trademark.
  • Re-registering a trademark helps you to keep away from duplicity and also maintains its exclusive nature. So, if your trademark expires, then your brand is not safe anymore as it is open in the market and can be taken by any third party who claims it.

Related: Saving Your Trademark after it has expired

I am sure you are threatened by the consequences that you might have to land in if your trademark expires.

However, the Trademark Act is empathetic with the owners and understanding the importance of the mark it gives you another chance wherein you can apply for Restoration of the trademark.

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