Trademark Restoration

Trademark Restoration is a process to restore the removal of Trademarks from the TM Register on the failure of non renewal within the prescribed time duration. On TM Restoration a Trademark becomes valid for the next 10 years.

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.

What is Trademark Restoration?

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.

Why Should You Restore a Trademark?

 Just registering a trademark isn’t enough; you would need to proactively ensure that you renew/restore it every 10 years to

  • Shield the branding of your business from third parties
  • Restore legal rights
  • Protect the business and the people associated with it
  • Enables to file trademark infringement suits and also claim remedies

What is the TM Restoration Process

  • Trademark Restoration Application
    An applicant can file for Renewal sue motto in the first six month of the 10th year from the year of TM Registration.
  • Notice of Renewal

On failure to renew, the Registrar will furnish a Notice Six months prior from the date of expiry of the TM Registration.

  • Filing of TM-R

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.

  • Renewal/Restoration

It is determined by the time during which TM-R is filed. The government fee for restoration is double the Renewal Fee.

  • Processing

TM-R is processed through the renewal module of trademark automated system.

  • Approval

The intimation is sent to the applicant and for publication in the trademark journal.

  • Objection

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.  

Basic FAQs On Trademark Restoration

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?

  • Proprietor of the trademark
  • Their authorised agent.

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?

  • Removal of the trademark from the register of trademarks
  • No protection against the infringement claims


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