The TM-13 form serves as a crucial recovery option for trademark owners who have missed their renewal deadlines. You use this form specifically to restore a trademark that has been removed from the register due to non-payment of renewal fees. The TM-13 process acts as a safety net, providing a final opportunity to regain your trademark rights after missing both the standard renewal period and the grace period for late renewal.
The Purpose of the TM-13 Restoration Form
The primary purpose of the TM-13 form is to recover lost trademark rights that expired due to oversight or circumstances preventing timely renewal. This form allows trademark owners to petition the registry for restoration of their removed mark. The TM-13 submission represents your formal request to have your trademark reinstated in the official register and your registration renewed, effectively reversing the removal due to non-renewal.
When to File the TM-13 Form
You must file the TM-13 form within an extremely limited and strict timeframe to qualify for restoration. The law allows only six months from the expiration date of your last registration to submit your TM-13 for restoration. This six-month window for the TM-13 begins after the expiration of your trademark registration and represents your final opportunity to recover your trademark rights through the restoration process.
Essential Information Required on the TM-13 Form
The TM-13 requires precise details about your expired trademark for processing your restoration request. You must accurately state your trademark registration number that was removed from the register. You need to provide the class number under which your trademark was previously registered. The form requires your complete legal name, address, and nationality as the original registered proprietor to verify your ownership rights for the TM-13 submission.
The Restoration and Renewal Process Through TM-13
The TM-13 form serves a dual purpose of both restoration and renewal in a single application. Your TM-13 request asks the registry to restore your trademark to the active register and simultaneously renew its registration for the next term. This combined approach through the TM-13 streamlines the process of recovering your trademark rights and ensuring continuous protection moving forward.
Providing Updated Contact Information
The TM-13 form includes space for you to provide current contact details for future communications. You should specify the address in Pakistan where the registry should send your restoration confirmation and renewal notice. This information in your TM-13 ensures you receive all important documents regarding your restored trademark status and maintains proper communication channels with the Trademark Registry.
Signing and Submitting the TM-13 Package
The final step involves properly executing and submitting your restoration package. The original trademark owner or an authorized representative must sign and date the TM-13 form. The signatory must also print their full name clearly in block letters beneath the signature. You then submit the completed TM-13 along with the required restoration and renewal fees to the Registrar of Trade Marks within the critical six-month deadline after expiration.
The Consequences of Missing TM-13 Deadlines
Failing to submit your TM-13 form within the six-month restoration period carries permanent consequences. If you do not file your TM-13 within this final deadline, your trademark will remain permanently removed from the register. After this TM-13 deadline passes, your only option would be to file a completely new trademark application, which offers no guarantee of registration and might face objections from new users of similar marks.
The Restoration Process After TM-13 Submission
After you successfully file your TM-13 form within the deadline, the registry reviews your restoration request. The Trademark Office processes your application and, if approved, restores your trademark to the active register. Following your TM-13 acceptance, your trademark protection is reinstated and renewed for another ten-year period, effectively recovering your valuable brand rights that were temporarily lost.
Conclusion: Recovering Your Lost Trademark Rights
In conclusion, the TM-13 form provides a vital last chance for trademark owners to recover their valuable brand rights in Pakistan. Understanding how to properly file the TM-13 with IPO Pakistan within the strict six-month deadline can save your trademark from permanent loss. This crucial restoration process through the TM-13 offers a final opportunity to regain your trademark protection and continue enjoying the exclusive rights to your established brand in the marketplace.
Legal Assistance
For professional legal guidance and support in IP matters, you may contact:
Mr. Osama Khalil
Lawyer & Legal Consultant
📞 Phone: 0316-1829946
📧 Email: contact@osamakhalillaw.com | contact@khalilassociates.org