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Trademark Restoration Process India

How to restore a Trademark in India? What is the process for restoration of a Trademark in India?

If a trademark has been removed from the Register of trademarks on the grounds of non-renewal then the same can be restored by filing an application in the prescribed form for restoration of the mark after six months and within one year from the date of expiration of the last registration of the mark.

If more than six (6) months have lapsed from the renewal date and no renewal request has been filed, then an application for restoration is required to be filed within one (1) year from the date of expiration of the renewal date. The application is to be accompanied with the prescribed fee and a statement explaining the factors that led to the trademark not being restored.

Section 25(4) of the Trademark Act, 1999 provides for trademark restoration. It states that when a trademark has been removed from the Register of Trademarks for non-payment of the prescribed fees then the Registrar shall after 6 months and within one year from expiration of last registration of trademark shall restore the removed trademark on payment of the prescribed fee alongwith the prescribed form.

On restoration, the Registrar shall renew registration of the trademark for a period of 10 years from the date of expiration of the last registration.

An application for trademark restoration is made on Form TM-R accompanied by the prescribed fee. On restoration, a notice about the same shall be sent to the registered proprietor and every registered user, restoration shall also be advertised in the Trademark Journal.

Trademark registration is valid for a period of 10 years from the date of application. The trademark can be renewed further for every 10 year periods thereafter.

Application for renewal of the trademark can be filed on or before 6 months, before the expiry of the registration. A renewal request can also be filed within 6 months after the expiry of the renewal date along with the requisite late renewal fees. However if a trademark has not been renewed before the deadline, then the trademark may be removed from the register on grounds of non renewal. The restoration process of such trademarks if removed has been explained above.

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Trademark Rules, 2017 providing for the rules and procedure for trademark restoration in India can be accessed here.

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