Trademark Restoration — Bring Back a Removed Mark
Trademark restoration puts a registered mark back on the register after the Registrar has removed it because the renewal fee was not paid. The window is short. Section 25(4) of the Trade Marks Act, 1999 allows restoration only after six months and within one year from the date the registration expired. We file Form TM-R with the Trade Marks Registry and follow it through to the Registrar’s decision.
What it is
A trade mark registration in India lasts ten years, and every renewal adds another ten. Miss the renewal and the Registrar may remove the mark from the Register of Trade Marks and advertise the removal in the Trade Marks Journal. Trademark restoration asks the Registrar to put that mark back and renew it.
The law sits in Section 25 of the Trade Marks Act, 1999, read with Rules 57 to 60 of the Trade Marks Rules, 2017. Under Section 25(4) and Rule 60, the application to restore and renew is made in Form TM-R within one year from the expiry of the last registration. We file it on the IP India e-filing portal. If the Registrar is satisfied that it is just to do so, the mark is restored and renewed for ten years from the old expiry date, either generally or subject to conditions or limitations.
Who it applies to
You missed the six-month grace period
For six months after expiry, you can still renew with a surcharge. After that, and until one year from expiry, restoration is the only statutory route back.
The renewal notice never reached you
Rule 58 requires the Registrar to send a notice in Form RG-3 before the registration expires. Say your firm moved from Delhi to Faridabad a few years ago and never updated its address for service. The notice went to the old office, and nobody saw it.
You bought a brand that had lapsed
A brand bought or inherited may have lapsed under the earlier owner. We check the ownership chain is on record first, since the Registrar will check who the proprietor is.
Why it matters
Keep the same registration alive
A restored mark is renewed for ten years from the old expiry date, under the same registration number. A fresh application would mean a new filing date and a new examination.
Get your infringement remedy back
Section 27(1) bars an infringement action on an unregistered trade mark. Without registration you are left with passing off, where you must prove your reputation and the confusion yourself.
Keep copycat filings out
For one year after removal, Section 26 still treats your old mark as registered when someone else applies, subject to two exceptions. Restoration puts full registration back in place.
Documents required
Show us the mark
- Registration number and classes
- Registration certificate or e-register extract
- The expiry date, and the Journal notice of removal if you have it
Prove who owns it
- Current name and address of the registered proprietor
- Proof of any change in name, address or ownership, such as an assignment deed
- Power of attorney in our favour as your agent
Explain the lapse
- A short note on why the renewal was missed
- Evidence of continued use: invoices, packaging, advertisements
- Proof of an address change, if relevant
Renewal, surcharge or restoration: which window are you in?
| Stage | When | Form | Government fee per class (e-filing) |
|---|---|---|---|
| Normal renewal | Up to one year before expiry, until the expiry date | TM-R | ₹9,000 |
| Renewal with surcharge | Within six months after expiry | TM-R | ₹4,500 surcharge + ₹9,000 renewal fee |
| Restoration and renewal | After six months and within one year from expiry | TM-R | ₹9,000 restoration fee + ₹9,000 renewal fee |
| More than one year after expiry | No statutory restoration | TM-A for a fresh application | ₹4,500 or ₹9,000, depending on the applicant |
Form TM-R covers all three stages; only the fee and the legal basis change. Renewal with surcharge falls under the proviso to Section 25(3), and if you apply in time the Registrar will not remove the mark. Here is the catch: restoration under Section 25(4) is the Registrar’s discretion, not your right.
The one-year limit runs from the date the registration expired, not from the removal or the Journal notice. Take a Faridabad auto-parts maker whose application was filed in March 2016. Its registration expired in March 2026, and the surcharge window closed in September 2026. As of October 2026 it is in the restoration window, which stays open only until March 2027.
How it works
Check the expiry date and status
We pull the mark’s record from IP India to confirm the expiry date, whether removal was advertised and how many months have passed.
Fix the ownership record first
If the proprietor’s name, address or ownership has changed, we correct the record first. In practice, a mismatch between the owner on record and the applicant can hold a filing up.
Prepare Form TM-R with a short explanation
We prepare TM-R for restoration and renewal of each class. A short note says why the renewal was missed; invoices or packaging show the mark stayed in use.
File online and pay class by class
We file on the IP India e-filing portal and pay the restoration fee plus the renewal fee for every class you want back.
Track it until the mark is back
We answer any query from the Registry and confirm when the mark shows as registered again, then diarise the next renewal.
Timelines
Renew up to a year early
Under Rule 57, Form TM-R can be filed at any time not more than one year before expiry. Renewing on time costs only the base fee. Waiting for the last week gains nothing.
Watch for the RG-3 notice
Rule 58 requires the Registrar to send a notice in Form RG-3 to your address for service, not more than six months before the expiry date.
Restore within one year of expiry
The surcharge route lasts six months after expiry. Section 25(4) and Rule 60 then allow restoration only until one year from the expiry date.
What happens if you miss the one-year window
You lose the statutory route
Once a year has passed since expiry, a TM-R application cannot restore the mark. The removal stands.
Rivals can apply for your mark
The Section 26 cover lasts only one year from the date of removal. After that, your old registration no longer blocks another person’s application.
Start again, or challenge the removal
Usually that means a fresh trademark application in Form TM-A, examined and published in the Journal again. If the Registrar removed the mark without sending the statutory notice, the removal may be challenged: in Union of India v. Malhotra Book Depot (2013), the Delhi High Court held such a removal illegal.
Frequently asked questions
What is the time limit for trademark restoration?
The time limit is one year from the date the registration expired. Section 25(4) of the Trade Marks Act, 1999 lets the Registrar restore a removed mark after six months and within one year from expiry, on an application in Form TM-R under Rule 60 of the Trade Marks Rules, 2017. In the first six months after expiry you renew with a surcharge instead. If you are still inside the year, there is time to fix it.
What is the difference between renewal with surcharge and restoration?
Timing and discretion. Renewal with surcharge is for the first six months after expiry: you pay the renewal fee plus a ₹4,500 surcharge per class on e-filing, and the Registrar does not remove the mark. Restoration covers the next six months, costs ₹9,000 plus the renewal fee per class, and depends on the Registrar being satisfied that it is just to restore. Both use Form TM-R, the same form as an ordinary renewal.
What is the government fee for trademark restoration?
On e-filing, the restoration fee is ₹9,000 per class plus the ₹9,000 renewal fee, so ₹18,000 per class in total. On a physical filing, the figures are ₹10,000 plus ₹10,000. TM-R fees are the same for every applicant, individual or large company. A mark in two classes needs ₹36,000 on e-filing. We confirm the exact amount before anything is paid.
Can I restore a trademark after one year?
Not under Section 25(4), which works only within one year from expiry. One exception comes from the courts: if the Registrar removed the mark without sending the statutory notice, the removal can be challenged, as in Union of India v. Malhotra Book Depot (2013), where the Delhi High Court held such a removal illegal. Otherwise, the practical answer is a fresh application in Form TM-A. We will tell you which route fits your case.
What if I never received the renewal notice?
Section 25(3) and Rule 58 require the Registrar to send a notice in Form RG-3 to the address for service, not more than six months before expiry. If it never reached you, check whether the address on record was out of date. Inside the one-year window, restoration is the simplest fix. Beyond it, the missing notice may support a challenge to the removal. Either way, we update your address so the next notice reaches you.
Is restoration automatic once the fee is paid?
No. Section 25(4) says the Registrar restores the mark if satisfied that it is just to do so, and may restore it generally or subject to conditions or limitations. That is why we explain the reason for the lapse and show that the mark stayed in use. Explain a genuine oversight, such as a notice sent to an old office, plainly. A clear, documented file is the strongest case you can make.
Can someone else register my mark while it is removed?
For one year after removal, Section 26 treats your old mark as still on the register when someone applies for another mark. There are two exceptions: there was no bona fide trade use of your mark in the two years before removal, or no deception or confusion is likely from the new mark because of your earlier use. After that year, the cover ends, so restore the mark while you still can.
How long is a restored trademark valid?
Ten years from the date the last registration expired, not from the date of restoration, under Section 25(4). So if your mark expired in March 2026 and is restored in December 2026, the new term still runs to March 2036. Under Rule 57, the next renewal in Form TM-R can be filed up to one year before that date, and we diarise it for you.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
The government fees for Form TM-R are charged per class and are the same for every type of applicant:
| Application in Form TM-R | E-filing | Physical filing |
|---|---|---|
| Renewal | ₹9,000 | ₹10,000 |
| Renewal with surcharge (within six months of expiry) | ₹4,500 + renewal fee | ₹5,000 + renewal fee |
| Restoration and renewal (within one year of expiry) | ₹9,000 + renewal fee | ₹10,000 + renewal fee |
If a fresh application is needed, Form TM-A costs ₹4,500 per class on e-filing for an individual, startup or small enterprise, and ₹9,000 for others. If you plan to claim the small-enterprise rate, keep your Udyam registration details ready.
Ready to begin?
Send us the registration number and expiry date. We will tell you whether restoration is still open, and what it will cost.