Why you need Trademark Restoration?

According to The Trademark Act, a trademark needs to be renewed after every 10 years to continue use of exclusive rights failing which your trademark might get refused or abandoned.

Trademark Restoration helps you to restore your trademark in case you could not renew your trademark in the prescribed time.

With Trademark Restoration, you will be able to protect your brand name from unauthorized third party use.

When can you apply for Trademark Restoration?

You can apply for trademark restoration within 6 months, after 6 months and up to 1 year from the date of expiration of your trademark. The government fees for filing the restoration application will depend on the time period.

Can you file the restoration application all by yourself?

Yes, there is no problem if you file the application by yourself however; it is always advised that you consult a professional attorney so that there is no error in the application.

Attorneys will prepare the application keeping in mind all your minute details to avoid any restriction in the process.

How long is your Trademark valid after restoration?

Once you restore your trademark, it is valid for a period of 10 years. You will require renewing the trademark again after 10 years.

Is it necessary to restore a trademark after its expiry?

Yes, if you want to continue using your trademark, it is important that you protect it against any unfair use. If you miss on your renewal you still have time to protect it by applying for its restoration.

Failing this, your trademark will get abandoned and you will not be able to use it in the market.

What is the Trademark Restoration process?

In case you fail to renew your trademark, the registrar will send you an official notice prior to the date of expiration of your trademark. You can apply for trademark restoration up till 1 year from the date of expiration of your trademark registration.

You just need to file TM-R along with your necessary details, a reason of restoring the same and the prescribed government fee. Upon submission, the registrar will review all the details and if satisfactory, will publish your trademark in the journal.

Can there be any objections in the restoration process?

There are chances that the registrar may object your application based on the authenticity of the information furnished by the applicant.

In such a situation, you can review your application, make necessary changes and submit again to the registrar.