How to Restore 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.
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 mark for a period of 10 years from the date of expiration of last registration.
An application for trademark restoration is made on Form TM-R accompanied by the prescribed fee. The Registrar shall, while considering the request for such restoration have regard to the interest of other affected persons.
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 Rules, 2017 providing for the rules and procedure for trademark restoration can be accessed here.
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