Meaning of Restoration

• Restoration of trademark refers to the reinstatement of a trademark that has been removed from the register due to non-renewal.
  
• It allows the proprietor to recover ownership rights over a lapsed trademark.
  
• The restoration is subject to conditions and must be approved by the Registrar.
  
• It is a one-time opportunity before permanent cancellation of the mark.
  

Eligibility and Conditions

• Only the registered proprietor or their authorized representative can apply for restoration.
  
• The application must be made within one year from the date of removal.
  
• Restoration is only allowed if the failure to renew was unintentional or due to valid reasons.
  
• The Registry may accept or reject the request based on supporting explanations.
  

Application Process

• The application for restoration is filed using Form TM-R, along with the applicable fees.
  
• The form must clearly request both restoration and renewal of the trademark.
  
• The application is filed either online through the IP India portal or at the appropriate Trademark Office.
  
• The Registrar may issue a notice to the applicant or publish the request in the Trademark Journal.
  

Documents Required

• Proof of previous registration, such as a copy of the certificate or application number.
  
• A declaration or affidavit stating the reasons for failure to renew on time.
  
• Power of Attorney (Form TM-48) if filed through an agent or attorney.
  
• Identity and address proof of the applicant and proof of business operations using the mark.
  

Outcome and Legal Effect

• If approved, the trademark is restored to the register and is considered active from the date of renewal.
  
• The mark regains its legal protection and can be enforced against infringement.
  
• The restored trademark is valid for a fresh 10-year term from the expiration of the previous term.
  
• Failure to restore within one year results in permanent loss of rights, requiring a new application.