How to Restore an Expired or Removed Trademark in India: Form TM-R with Surcharge within 1 Year

Procedure for Restoration of a Removed Trademark in India

If a trademark owner fails to file for renewal before the expiration date and also misses the 6-month late renewal grace period, the Registrar of Trade Marks officially removes the mark from the Register and publishes notice in the Trade Marks Journal. Having your trademark marked as 'Removed' is a grave commercial disaster that leaves your brand defenseless against counterfeiters.

Fortunately, Section 25(4) of the Trade Marks Act provides a vital legal lifeline: an application for Restoration and Renewal in Form TM-R can be submitted within one year from the expiration of the last registration. The applicant must demonstrate reasonable grounds for delay and pay statutory restoration surcharges. At KOKJAGUAR Consultancy, our IP attorneys represent Pune businesses before the Mumbai Registry to restore lapsed brand registrations. Review our trademark restoration services.

Statutory Restoration Framework

• Filing Window: Between 6 months and 1 year from the official expiration date of the registration.
• Government Fee: Standard renewal fee of ₹9,000 plus official restoration surcharge of ₹9,000 (total ₹18,000 per class e-filing).
• Statement of Case: An affidavit detailing genuine reasons for non-renewal (e.g., medical emergency, postal misplacement, or managerial change).
• Registrar's Discretion: The Registrar restores the mark to the register and advertises the restoration in the Trade Marks Journal upon finding the grounds satisfactory.