How Trademark Restoration is a different process than renewing?

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How Trademark Restoration is a different process than renewing?

Trademark restoration is often the last-ditch effort to regain your trademark rights. But is it so different from renewal? Here, in this article, we w

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Trademark restoration is often the last-ditch effort to regain your trademark rights. But is it so different from renewal? Here, in this article, we will take a look at the differences between the procedure for restoration of trademark and renewing it. 

When you have access to your trademark rights, your brand is safe. You can file a case against anyone who tries to copy or launch a similar brand name. And you can indirectly expand your business through licensing.

You won’t even notice the ten years when you fully realize the power of your brand name. However, after a decade, you lose your trademark rights. It is because the registration is only valid for ten years. Now, if you’re careful enough, revitalizing your brand name is an easy process.

If you’re not, prepare to face confusion between restoration and renewal.

This blog is for those who feel lost in a dilemma of this choice. Read More: Trademark Objection

What is trademark restoration?

Trademark Restoration is the procedure to restore your trademark rights one year after the expiration of your brand registration. With it, you can get back the rights to your brand name and every benefit that comes with it.

What is a trademark renewal?

Trademark renewal is the process to renew your trademark rights six months before or after their expiration. With renewal, you can renew your brand name and all the rights that come with it.

As you can see, on the surface level, both of these definitions sound the same.

But that isn’t the case.

Here are the critical aspects that differentiate between restoration and renewal.

Different aspects of trademark restoration and renewal

Let’s now discuss the differentiating factors between renewal and restoration:

Meaning:

Trademark renewal means renewing the rights for your brand name just as they are about to expire.

Restoration means regaining the rights of your brand name once they have expired.

Process

 The process of trademark renewal is simple:

  1. You fill the application for trademark renewal and mention the trademark registration certificate number.
  2. The Registrar assesses your application and, if it sees that you have not violated any trademark rights during their validity, your trademark rights get renewed.

However, in case you apply for renewal with a change, the process gets one more step added to it:

  1. Once you submit the application, the Registrar publishes the trademark in the journal to see if your modifications violate the branding rights of other trademark owners.
  2. If that is not the case, your trademark rights get the renewal. Read More: Trademark Registration

For trademark restoration process is as follows:

  1. Fill the TM-R application form
  2. Give the reason why you have not filled the application for renewal
  3. The Registrar will assess whether you have filled the application form within the trademark restoration period.
  4. If you have applied within the restoration period, he will publish your brand name in the trademark registry.
  5. If your trademark receives no opposition, your trademark rights go through restoration.

Duration

You can apply for trademark restoration six months before or after the expiration of your brand name.

When it comes to restoration of trademark, you fill the application form for six months after the expiration of your trademark rights.

Which one is a better option?

Now that you know the difference between the two ways to restore your trademark rights, which one do you think is better?

For subjective reasons, we prefer trademark renewal. Trademark Restoration is effective. However, the added step of going through the scrutiny of trademark journals once again is not desirable. Also, chances of restoring your trademark rights become severely low if you encounter opposition. NLD License

In this blog, you will know about the critical differences between trademark restoration and trademark renewal. Contact Registrationwala for further details.

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