Definition and Purpose

• Renewal is the process of extending the validity of a registered trademark before or shortly after it expires.
  
• Restoration is the process of reinstating a trademark that has been removed from the register due to failure to renew.
  
• Renewal ensures continuous protection, while restoration provides a second chance to recover lost rights.
  

Timing of Application

• Renewal must be filed within six months before or up to six months after the expiry of the trademark registration.
  
• Restoration can only be filed after the trademark has been removed, and within one year from the date of removal.
  
• Renewal is a preventive action, while restoration is a remedial measure.
  

Legal Status During Process

• During the renewal grace period, the trademark remains legally protected.
  
• During restoration, the trademark is considered inactive or unprotected until successfully restored.
  
• Restoration is subject to discretion and approval by the Registrar, unlike renewal, which is routine.
  

Forms and Filing Requirements

• Renewal is done using Form TM-R with a standard renewal fee.
  
• Restoration is also filed using Form TM-R, but it must include a restoration request and additional fees.
  
• Restoration applications often require justification or explanation for missing the renewal deadline.
  

Outcome and Legal Effect

• Upon successful renewal, the trademark is continued for another 10 years from the previous expiry date.
  
• Upon successful restoration, the trademark is revived and renewed for 10 years from the original expiration.
  
• Failure to renew on time leads to restoration as the only recovery option; failure to restore leads to permanent loss.