Trademark Restoration allows businesses to revive their trademark if it has expired and was not renewed on time. The process must be completed within 12 months after expiry by filing Form TM-R along with restoration and renewal fees. Once approved, the trademark regains full legal protection for another 10 years, safeguarding brand identity, goodwill, and exclusive ownership rights.
Documents Required
Copy of the expired trademark registration certificate or application number.
Identity & address proof of the trademark owner.
Power of Attorney if represented by an attorney or consultant.
Proof of usage (invoices, ads, website details, packaging) if required.
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Trademark Restoration Process
Check Status of Trademark
Confirm whether the trademark is marked as “abandoned” or “expired” in the Trademark Registry records.
Filing Form TM-R with Restoration Request
An application for restoration is filed using Form TM-R along with the prescribed late renewal and restoration fee.
Submission of Documents
Provide the registration certificate, ownership proof, Power of Attorney (if applicable), and any additional documents requested.
Review by Registrar
The Trademark Registrar reviews the application to verify ownership, compliance, and restoration request validity.
Approval & Renewal Certificate
If satisfied, the Registrar restores the trademark and issues a renewal certificate for another 10 years.
Trademark Restoration FAQs
Why should I hire a consultant for restoration?
Consultants help manage deadlines, draft restoration requests correctly, and liaise with the Registry to secure fast approval.
Does restoration give me 10 more years of protection?
Yes, once restored, the trademark is valid for another 10 years.
Can restoration be done for multiple classes at once?
No, restoration must be filed separately for each class.
What if someone else applies for my trademark during expiry?
Your prior rights may weaken, so it’s important to restore the trademark quickly.
Can ownership details be updated during restoration?
Yes, ownership details can be updated by filing the required forms.
Is professional assistance necessary?
Not mandatory, but highly recommended to ensure accuracy and avoid rejection.
Can restoration be done online?
Yes, restoration applications can be filed online through the IP India portal.
How long does the process take?
Typically 6–12 weeks, depending on the Trademark Registry’s backlog.
What is the government fee for restoration?
The official restoration fee is higher than renewal, starting from ₹8,000 per application.
Is proof of usage required for restoration?
Not always, but it may be asked for to confirm genuine brand usage.
What documents are needed for restoration?
Registration certificate, application number, ID proof, and Power of Attorney if using a consultant.
Can I use my trademark during the restoration period?
Yes, but legal rights are weakened until restoration is completed.
What happens if I don’t restore my trademark within 12 months?
Your mark cannot be revived, and you must file a fresh trademark application.
What is the time limit for trademark restoration?
You can restore a trademark within 12 months after expiry by filing Form TM-R with fees.