Trademark Restoration is the only process you can follow if you want to get back your branding rights last minute. This article discusses why restoring the trademark is your last resort to salvage your brand protection rights.
Your brand is your business identity. If it is popular, it will gain the attention of those seeking the same ubiquity. And that’s why trademark renewal is important.
However, sometimes, either due to lack of time or lack of motivation, people lose their chance to renew their trademark. And at that point in time, trademark restoration remains the only option.
But what is this restoration? And how is it different from the standard procedure of renewal of a trademark?
Let us find out. Read More: NBFC Registration
What is a renewal of Trademark?
Once your trademark expires, you lose all of the protection that comes with it. If your brand has gained popularity till that moment, it would be like leaving your brand open to the public for exploitation. You do not want that in any case.
And therefore, renewing your brand gives you a way to get the protection you once had back for your trademark.
Within six months before the expiry of the brand, you must file the application for renewal. The process is simple because all you require is your trademark registration number. Because your trademark is still in the registry, you revitalize your trademark quickly.
However, what if you lose that chance to renew the mark on time? Do you lose your trademark rights completely?
That’s where restoration of trademark has a role to play.
Restoring the trademark
Once you have lost that limited time window to renew your brand, you have still one more option to revitalize your trademark – trademark restoration.
However, unlike trademark renewal, where the process is both simple and quick, restoration is a process that is “thick”.
Because many factors are working against you at this point, restoration becomes a difficult process.
Here are the reasons:
- After the loss of the renewal window, the Registrar removes your trademark from the registry.
- Once the brand is gone from the registry, it becomes open for others to register.
- And finally, the trademark restoration services have to keep in mind both your requirements and the needs of the new registrants of the brand.
- The presence of these factors lengthens the process of trademark restoration.
As a result, you would need to take a few extra steps for restoration. Read More: Insurance Marketing Firm
Here is the process of trademark restoration:
- The first step is the simple trademark restoration application
- However, the registrar won’t be the one accessing the application. Instead, it will go to the trademark authorities.
- They will analyze whether it is prudent to give your brand back to you.
- If they deem you worthy of restoration, they put your brand name in the journal to invite scrutiny from third parties.
- In case no one opposes your trademark during this time, you successfully revitalize your trademark.
Why is restoration the last resort to get back your brand protection rights?
After you lose the limited window within which to restore your brand name, restoration is the only way. Additionally, it gives you the final chance to resurrect your branding rights.
That being said, this trademark restoration period is also limited. It is only applicable for a year after the end of your brand’s validity. If you lose that window, the brand you held would be lost forever.
Conclusion
Restoration and renewal, both provide a way to get back your brand protection rights. However, the prudent among you will understand that the longer you wait, the longer your chance to obtain brand registration gets.
Thus, be vigilant about your branding prerogatives. And when you are about to lose them, contact trademark attorneys to help you out.
Trademark Restoration is the last resort to revitalize your trademark. Once you lose the chance to restore your brand on time, the brand name is lost forever.
