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If the registered Trademark holder fails to renew the mark before the expiry of it or within the stipulated time period along with the prescribed fees it gets removed from the Register of the Trademark Registry. If the Trademark gets removed from the register of trademarks on the grounds of non-renewal, it can be restored by filing an application along with the prescribed fee and a statement explaining the reasons supporting the restoration of the trademark. As per Section 25(4) of the Trademarks Act, 1999 the application is to be filed after 6 months or within one year from the date of expiry of the last registration in Form TM-R along with the restoration fee and prescribed renewal fees.

Procedure for Trademark Restoration in India 

The procedure for Trademark Restoration in India is as follows:

• In order to restore the Trademark which has been cancelled due to non-renewal the applicant needs to file for an application of restoration in in Form TM-R along with the restoration fee and prescribed renewal fees to the Registrar of Trademarks.
• The application must be filed after 6 months or within one year from the date of expiry of the last registration.
• After receiving the request on Form TM-R, the Registrar will advertise the same in the trademark Journal in order to invite objections. 
• If there are no objections raised within the period of filing trademark objection, the registrar shall register the applied Trademark.
• After restoration the trademark is then renewed for a period of 10 years starting from the date of re-registration.

Trademark Restoration fee in India 

The official fee for restoration of trademark that has been removed from the register due to non-renewal is INR 18000 (9000 renewal fees + 9000 restoration fees). 

Note: “The amount mentioned above is only the official government fees which does not include any professional fees”.

For more information, read our article on Trademark Renewal.