Trademark restoration

Overview:

When the registered proprietor misses out in renewing the trademark or if the trademark is removed due to non-renewal then the proprietor has an option to file for restoration of trademark if the same is done with prescribed time and form, On restoration, the registrar will renew the trademark for the period of 10 years and the same shall be entered in the registry.

Statutory provision: 

Section 25(4) of the Trademark Act, 1999 deals with the restoration procedure of the trademark. According to the said provision, when the trademark is removed from the trademark register on the grounds of non-payment of renewal fees as prescribed in the rules, then the registrar shall restore the removed mark upon receiving the payment of the required fees under the prescribed form.

Timeline:

The application for restoration of the trademark can be filed within one (1) year from the date of expiration of the renewal date. If more than six months have lapsed without filing any renewal, then application of restoration can be made.

Once the restoration is accepted, the trademark will be valid upto 10 years and can be renewed further for every 10 years thereafter.

Procedure:

  1. Application
  2. Notice of restoration
  3. Advertisement in the Journal
  4. Acceptance

An application for restoration of the mark has to be made in the form TM-R along with the prescribed fees to the registry.

Upon receiving the form, a notice will be sent to the registry stating the restoration request.

On receiving the notice, the registry will advertise the mark for restoration in the trademark journal.

If no oppositions come up, then the request for restoration will be accepted and the concerned/required changes will be made in the register.

Form and fees:

  1. Form: TM-R
  2. Fees: Manual Filing: INR Rs.10,000/- per class
  3. E-filing: INR Rs.9,000/- per Class

Rules concerning trademark restoration can be accessed from the link given below:

https://www.ipindia.gov.in/TM-Rules-2017.htm#60