Restore Your Trademark Online with Our Expert Guidance

Important Timelines

Trademarks in India are valid for 10 years. If not renewed before the expiration date or within the grace period, the trademark is removed.

Missing deadlines for mandatory filings, such as renewal applications, can lead to the removal of the trademark.

Why Timely Restoration is Crucial?

• Timely restoration of your trademark is vital to safeguarding your brand's legal protection and reputation.
• If your trademark lapses, you risk losing the exclusive right to use it, leaving your brand vulnerable to third-party users.
• Competitors or other entities may register a similar or identical trademark, leading to potential legal disputes and loss of brand identity. This can create confusion among customers, negatively impacting your reputation and the goodwill you've built over time.
• Moreover, acting promptly can save you significant time and money. Restoring your trademark within the allowed period is much more cost-effective than filing a new application, which involves additional formalities and fees.
• In India, the restoration window is limited to one year from the date of expiry, after which you lose the opportunity to reinstate your trademark.

Don't let delays jeopardize your brand - ensure your trademark is restored before it's too late!

Important Aspects in Trademark Restoration

• Grace Period for Renewal:
  The Indian Trademark Act allows a grace period of 6 months after the expiration of the trademark for late renewal with additional fees.
• Restoration Period Beyond Grace Period:
  If the trademark is not renewed even within the grace period, the owner can apply for restoration within an additional 6 months (total 1 year from the date of expiry).
• Additional Costs:
  Restoration involves higher fees compared to regular renewal.
• Proof of Genuine Intent:
  In some cases, proof of the intention to use the trademark may be required during restoration.

Limitations in Trademark Restoration

• Time Restriction:
  If the restoration period (1 year from expiration) lapses, the trademark is permanently removed, and the owner must file a new application.
• Third-Party Challenges:
  If another party applies for a similar trademark during the lapse period, the restoration may face opposition.