A Trademark Registration is valid for a span of 10 years. The same can be renewed within 12 months before or 6 months after the date of TM expiry.
On the failure to renew, a trademark is abandoned.
Trademark Restoration is a process to revive and restore a Trademark again, after the expiry of the trademark Renewal Process.
On Restoring a Trademark, the same is not removed from the register of Trademarks for the next 10 years.
A restored Trademark extends the same legal protection and exclusivity as it had originally.
Just registering a trademark isn’t enough; you would need to proactively ensure that you renew/restore it every 10 years to
On failure to renew, the Registrar will furnish a Notice Six months prior from the date of expiry of the TM Registration.
It can be filed within maximum of one year from the expiration of the last registration. The Registrar will re-enter the trademark in the register.
It is determined by the time during which TM-R is filed. The government fee for restoration is double the Renewal Fee.
TM-R is processed through the renewal module of trademark automated system.
The intimation is sent to the applicant and for publication in the trademark journal.
Registrar may impose any limitations/objections while considering the request for restoration of trademark.
However, the restoration of the expired trademark shall be assumed from the last expiration of the registration, irrespective of the actual date of renewal.
When can trademark be removed from the register?
On non-renewal even after 6 months from the date of expiry of the last registration, the mark becomes liable to be removed from the register.
Who can file the form for trademark restoration?
For how long will the restoration of the trademark registration be valid?
The restoration of trademark restores the validity of rights and protection over trademark for another ten years.
What are the consequences for not restoring the trademark?