Why Trademark Restoration is harder than renewal?
Trademark Restoration is the process to revitalize a brand once it has passed its expiration date. An alternative to renewal, restoration is a process that is more difficult and requires more insight into brand registration laws. Why is that the case?
This blog explores the reason behind this difficulty.
Once your trademark has passed its expiration date, you can’t renew it. What can you do in that case? The answer comes in the form of trademark restoration – a more laborious and complex procedure that requires more steps than the registration process for a trademark.
Why is that the case? Looking at this matter empirically, we find that there is not much difference in the forms you need to fill to initiate the restoration. However, the steps you need to take to revitalize your brand once it has expired are very different. Read More: Trademark Objection
Let us look at those steps and discern the reason behind their difficulty.
Step 1: Applying for trademark restoration
Filling the application form to restore the trademark is perhaps the easiest step in the whole procedure. As the process is online, you don’t need to do anything other than download the TM-R application form and fill it.
It is after the submission of this form that your ordeal begins.
Step 2: Giving the reason why you are filing a trademark restoration application
Because letting go of the chance to renew a trademark is a serious concern, the Trademark registrar naturally asks you the reason behind applying for restoration.
It’s here you have to come up with creative solutions. And when we say creative, we don’t mean “made-up”. You might have several reasons to not apply for renewal ranging from laziness to other causes. However, what you must do here is present the current reasons as dramatically as possible. Your cover letter should ooze your regret of not applying for renewal. It’s not too different from when you justified your teacher for not doing your homework. But here, it’s your trademark on the line, an asset more valuable than a few marks.
Step 3: Providing evidence to justify your reasons
Despite how convincing you were when you gave reason for your delay in applying for trademark renewal, the chances of the Registrar accepting your request is slim. When that happens, you have to choose whether:
- You abandon your trademark and leave it for other, more deserving entrepreneurs, or
- You can provide the evidence to support your justification.
When you provide the evidence, don’t think your application has acceptance yet.
Step 4: Waiting for the Registrar to assess your trademark
The brand market is full of those who are circling trademarks. When someone refuses to renew their brand, these vultures lunge at it to register it as their own. Thus, the Registrar makes you wait; it sees whether some of these feral birds have applied to register your trademark.
If your trademark has already gone through registration at the hands of someone else, you will have two choices:
- Abandon your quest to get your brand back, or
- File a court case against the applicant.
Now, you can take an indifferent approach and abandon it. However, if you have worked hard to add value to your brand, you must go for the second choice. It’s not a choice that many would appreciate, but it would be yours to make.
Step 5: Get your trademark restored.
If no one has applied to own your brand, you will obtain a new trademark registration certificate for it. However, there are certain conditions:
- The process will take a long time,
- Even if someone hasn’t applied to register the mark, the Registrar will publish your brand again in the trademark journal. It means that you will need to wait for four months before claiming your brand. So, you can say that the trademark restoration period is too much.
Conclusion
Trademark Restoration is a difficult task. However, because it confers your brand rights back to you, taking it up is worth it. But you can’t underestimate its complications either. So, file for renewal instead. The process is convenient, and it will take less time. Read More: Payment Gateway License
Why is it hard to restore your trademark? Read this blog to learn about the complexities of the Trademark Restoration process. And for further details, consult with our experts.