Why do you need to go through trademark restoration?

What happens when the Registrar removes your trademark from the trademark register? Do you sit ideally by and hope for a miracle? Or to you take a step firmly towards trademark restoration? Are there other reasons for which you need to restore your brand name? In fact, there are. 

Removal of a Trademark from the register is becoming a common occurrence. The Registrar strikes off one or two brand names from the registry each passing day. When that happens, the owner of the brand name has two options:

1. He can let the brand name die
2. Or he can try to restore it with the trademark restoration.

But why is there a need to restore your trademark? It becomes necessary when the Registrar erases the brand name from the registry.

Let us explore why trademark a trademark is removed from the registry.

Reason 1: You have stolen the trademark rights of another

Even though the Trademark ministry tries to ensure that every brand name present in the registry is unique, sometimes it makes a mistake. As a result, one can find two trademarks with the same name and similar products/services. It eventually led to a case of trademark infringement. As a result, the Registrar has no choice but to remove the mark from the registry – prompting you to take steps for restoration of trademark.

Reason 2: You have made modifications to the registered trademark

It is easy to get swept up in the excitement of having a registered trademark and making changes to it without taking care of the consequences. However, always remember that the trademark registrar is always watching.

Like a watchful hawk, he assesses your usage of your brand name. And if you use it after making unapproved modifications, he removes your brand name from the registry.

In this instance, you must restore your trademark by first:

1. Giving justification behind the brand name’s modification, and
2. Applying for Trademark Restoration after Registrar finds your reasons satisfactory

Reason 3: Error in the Registry

Sometimes, the issues with the centralized trademark database remove your brand name from the registry. There can be multiple reasons behind it, the most common being a hardware defect. In such cases, trademark restoration is the only way to salvage your brand name.

The process of restoring your brand, in this case, is simple. All you need to do is show the digital print of your Trademark Registration certificate to the Registrar. If they accept their mistake, your brand name will again find its place in the registry. Read More: Trademark Investigation

Reason 4: Removal due to non-use of the mark

Not using your brand name is a waste of your assets. And it also squanders the Registrar efforts of registering your trademark. Therefore, if you do not use your trademark for up to five years after obtaining the registration certificate, the Registrar will remove it.

Reason 5: Removal due to non-renewal

If you don’t renew your trademark before it expires, it is grounds for removal. Once your brand is struck off from the registry this way, the only way you can get it back is through restoration.

Conclusion

Restoring a brand name becomes necessary once the Registrar removes it from the registry. We have explained the reasons behind a mark’s removal through this blog. In case you still have queries, consult with Registrationwala. Read More: Trust Registration

Why do you need to go through trademark restoration? This blog lists the reasons behind a mark’s removal that prompts you to take measures to restore your trademark.