Trademark & IP

Application for Trademark Restoration

Drafting and Filing of Application for restoration with surcharge/ restoration at an all-inclusive price, including Government Fees

Complete By* : 01 May, 2024

Pricing Summary

Traditional CA/CS Price : ₹ 45,000 /-

Other Online Price : ₹ 35,000 /-

Our Base Price : ₹10,169 /-

Govt. fees & taxes : ₹19,831 /-

You Pay: 30,000/- all inclusive

Government Fee included in above

You Save : ₹5,000/- to- 15,000 /-

What do you get?

15 Mins free Consultation with an EXPERT

Filling of Application

Submission of Application

Why Should You Choose SeedUp for

Filing Trademark Renewal/Restoration

SAVINGS

in cost, most economical

FASTEST

completion of assignment

EXPERTISE

to compliances, giving you all that matters

RESPONSIBLE

towards your specific requirements

HASSLE FREE

we only ask for required documents

 

 

 

What is Trademark Restoration?
 
A trademark when registered grants the registered proprietor up to 10 years of protection and upon renewal of the same another 10 years are added to the protection and this goes on indefinitely till the time the registered proprietor keeps renewing the Trademark Registration. But what happens, if due to mischance, the registered proprietor of the Trademark delays/ forgets to renew the Registered Trademark? He/she can apply for restoration.
 

 

 

 

Documents Required

PAN Card and Address Proof of Applicant

Notice received from the Registrar of Trademarks for renewal, if any.

Copy of Trademark application

Trademark Registration Certificate

Power of Attorney to allow the attorney to file the trademark restoration application on your behalf

* (All documents in Pdf scanned. Image file in jpeg format)

* (All documents to be Self Attested and signed on each page)

Trademark & IP

Application for Trademark Restoration

Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class

Steps for Trademark Restoration

Collect information and documents

Preparation of online application

Filling of Trademark Restoration application forms

Tracking of the Restoration Application

Benefits of

Trademark Restoration

Protects

Protects the Brand Image created

Intangible asset

Protects the Intangible asset created by the Proprietor of the Trademark

Safeguard

Safeguard from false litigation

Prevents

Prevents exploitation of a created brand.

How restoration works?

Under section 25(4) of the Trademarks Act, 1999, if the registered proprietor sends in an application of restoration of his/her mark within one year from the expiration of the last registration of the trademark along with the prescribed fee then the mark shall be processed to be restored. The Registrar whilst considering the request for restoration of the expired trademark shall look into the interest of other affected persons.

Upon the restoration of the expired trademark, a notice has to be sent by the Registrar to the registered proprietor for the restoration and the same must be advertised in the official Journal. The advertisement is done in order to invite any objection in relation to the action made. If an objection arises then the Registrar shall take up the matter into hearing and if not the trademark is restored for another 10 years in the name of the proprietor.

 

Mandatory Notice from Registrar of Trademark to registered proprietor of Trademark

The Registrar has to send forward a notice to the registered proprietor of the mark that the trademark in question is up for renewal. This provision is stipulated so that the registered proprietor is reminded of his/her renewal deadline. Even after receipt of such notice, when the registered proprietor fails to file an application of renewal, the mark is removed from the Register of Trademarks.

Fees to be paid

S.No

Particulars

For Physical filing

For E-filing

Form No

1

For renewal of registration of a trademark under section 25 for each class

Rs. 10,000

Rs. 9,000

Form TM-R

2

Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class

Rs. 10,000 + renewal fee applicable under entry 1

Rs. 9,000 + renewal fee applicable under entry 1

Form TM-R

Trade Marks Registry

 

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country. The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register trade marks which qualifies for registration under the Act and Rules.

 

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules made thereunder. It acts as a resource and information Centre and is a facilitator in matters relating to trademarks in the country.

 

The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trademark for goods and services and also to prevent fraudulent use of the mark.

 

The main function of the Registry is to register trademarks which qualify for registration as per provisions of the Trade Marks Act and Rules, and to maintain the Register of trademarks.

 

After accession to the Madrid Protocol, a treaty under the Madrid System for international registration of trademarks, the Trade Marks Registry also functions as an office of origin in respect of applications made by Indian entrepreneurs for international registration of their trademarks and as an office of the designated Contracting party in respect of international registrations in which India has been designated for protection of the relevant trademarks.

 

The Head Office of the Trade Marks Registry is at Mumbai and branch offices are at Ahmedabad, Chennai, Delhi and Kolkata. For the purposes functions related to international applications and registrations under the Madrid Protocol, an International Registration wing is set up in the Head Office of the Trade Marks Registry at Mumbai.

 

Apart from the above, the Registry has to discharge various other functions like offering preliminary advice as to registrability; causing a search to be made for issue a certificate under Section 45(1) of the Copyright Act, 1957 to the effect that no trademark identical with or deceptively similar to such artist work as sought to be registered as a copyright has been registered as a trademark; providing public information and guidance to the public on the subject; providing information to various government agencies including Police, Central Excise personnel, Public Grievance Redressal, maintenance of top class IP library, the production of annual statistical report, production of official Trade Marks Journal in electronic form and submit an Annual Report to Parliament.

 

The Controller General of Patents, Designs and Trade Marks heads the TRADE MARKS Registry offices and functions as the Registrar of TRADE MARKS. He, from time to time, assigns functions of the Registrar to other officers appointed by the Central Government and such officers also function as Registrar in respect of matters assigned to them.

Presently all the functions of the Trade Marks Registry are performed through an automated Trade Marks System. The Central Server of TMR is at Intellectual Property Office (IPO) Building in Delhi and Disaster Recovery server is at IPO, Mumbai. All branches of the Trade Marks Registry are connected to the main server in Delhi with Virtual Private Network (VPN). All the actions done by the office staffs through the TMS are recorded in the central server on real time basis.

 

TMclass helps you to search for and classify Goods and Services (terms) needed to apply for trade mark protection. You can also translate a list of Goods and Services and verify if those terms appear in the classification databases of the Participating Offices highlighted below.

 

Administrative Steps Involved

 

An application for registration of trademarks is received at the Head office or a branch office of the Trade Marks Registry within whose territorial limits the Principal place of the business of the applicant is situated. The digitization and formality checking of the application is done at the respective offices.

 

The Application is then examined mainly as to whether the relevant mark is capable of distinguishing applicant’s good or services, whether it is prohibited for registration under any law for the time being in force, whether the registration of the relevant mark is likely to cause confusion or deception because of earlier identical or similar marks existing on records. The Examination of all applications is done centrally in the Head Office of the TRADE MARKS Registry at Mumbai.

 

The Registrar on consideration of the application and any evidence of use or distinctiveness decides whether the application should be accepted for registration or not, and if accepted, publishes the same in the Trade Marks Journal, an official gazette of the Trade Marks Registry, which is hosted weekly on the official website.

 

Within four months from the date of publication any person can file an opposition in such cases the opposition proceeding is conducted at the respective office of the Trade Marks Registry.

 

Under opposition proceeding, a copy of the notice of opposition is served to the applicant who is required to file a counter-statement within two months failing which the application is treated as abandoned. The copy of a counter-statement is served to the opponent, who leads evidence in support of his case by way of affidavit, then the applicant leads evidence. After that the opponent files evidence by way of rebuttal. On completion of evidence, the matter is set down for a hearing and the case is decided by a Hearing officer.

 

The Registrar’s decision is appealable to the Intellectual Property Appellate Board.

 

Public search of Trademarks

https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

 

FEES

First Schedule:- Trade Mark Rules 2017

 

Entry No

On what payable

 

Amount in INR.

Corresponding Form Number

 

For Physical filing

For E-filing

1

Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes.

TM-A (287 KB)

Where the applicant is an Individual / Startup/Small Enterprise

5,000

4,500

 

In all other cases (Note: Fee is for each class and for each mark )

10,000

9,000

2

On a notice of opposition under section 21(1), 64, 66 or 73 or application for rectification of register under section 47 to 57, 68, 77 or application under rule 99, 103, 135,140 or On application under section 25 of Geographical Indication of Goods (Regulations and Protection) Act, 1999 to invalidate a trademark or counter statement related thereto. (Note: Fee is for each class opposed or counterstatement filed)

3,000

2,700

TM-O (49 KB)

3

For renewal of registration of a trademark under section 25 for each class

10,000

9,000

TM-R (41 KB)

Application for renewal with surcharge of registration of a Trademarks under section 25 (3) for each class

5,000 Plus renewal fee applicable under entry 3

4,500 Plus renewal fee applicable under entry 3

 

Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class

10,000 Plus renewal fee applicable under entry 3

9,000 Plus renewal fee applicable under entry 3

 

4

On application under section 45 to register a subsequent proprietor in case of assignment or transfer for each trademark

10,000

9,000

TM-P (64 KB)

On application for: Certificate of the Registrar under section 40(2), or For approval of the Registrar under section 41, or Direction of the Registrar for advertisement of Assignment without goodwill under section 42, or Add or alter a registered trademarkunder section 59(1) for each trademark, or Conversion of specification under Section 60 for each trademark.

3,000

2,700

 

On application for: Extension of time for applying for direction under section 42 for advertisement of assignment without goodwill, or Extension of time for registering a company as subsequent proprietor of trademarks under section 46(4),or Consent of Registrar to the assignment or transmission of a certification trademark under section 43, or Change a name and / or description of a registered proprietor or a registered user of a trademark under section 58 for each trademark.

2,000

1,800

 

On application for: Dissolution of association between trademark sunder section 16(5), or Change in address or address for service in India of Registered Proprietors under section 58 for each trademark, or Request for cancellation of an entry in the register or part thereof under section 58 for each trademark.

1,000

900

 

5

Application under section 49 to a registered user of a registered trademark in respect of goods or services Or On application under clause (a) of sub-section (1) of section 50 to vary the entry of a registered user of one trademark where the trademarks are covered by the same registered user in respect of each of them Or On application under clause (b), (c) or (d) of sub-section (1) of section 50 for cancellation of entry of a registered user of one trademark Or On notice under rule 95 (2) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trademark (Note: applicable fee is for each mark)

5,000

4,500

TM-U (118 KB)

6

Request for search and issue of certificate under rule 22(1)

10,000

9,000

TM-C (49 KB)

Request for an expedited search and issuance of certificate under rule 22 (3)

Not allowed

30,000

 

7

On application for: Extension of time, or Certified copy, or Duplicate Registration Certificate, or inspection of document,or Particulars of advertisement to registrar, or seeking grounds of decision of Registrar, or Enter in the register and advertise a note of certificate of validity under rule 127, Amendment in trademark application, or Particulars of advertisement of a trademark to Registrar under rule 41.

1000

900

TM-M (80 KB)

On application for: Deposition of regulation of collective trademark under section 66 or alteration of regulation of certification trademark under section 74 (2), or Seeking Registrar preliminary advice, or For division of an application.

2,000

1,800

 

On application for: Review of Registrar’s decision, or Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding, or Any other matters not covered in other TM forms.

3,000

2,700

 

On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of the documents under proviso to rule 122 (Note: for entry in respect of each registered trademark or for each document)

5,000

4,500

 

On application under rule 34 for expedited process of an application for the registration of a trademark

Where the applicant is an Individual / Startup/Small Enterprise

In all other cases (Note: fee is for each class and for each mark)

Not allowed

20,000

 

Not allowed

40,000

 

Request to include a trademark in the list of well- known trademark(Note: applicable fee is for one mark only.)

Not allowed

1,00,000

 

8

On application for registration of a person as a trademark agent under rule 147 & 149.

5,000

4,500

TM-G (41 KB)

For continuance of the name of a person in the Register of a trademark Agents under rule 150 for every Five year to be paid on or before 1st day of succeeding financial year.

10,000

9,000

 

On application for restoration of the name of a person to the Register of trademarks agents under rule 153 within 3 years from the date of removal of registration.

5,000 Plus continuation fee as mentioned in entry number 20

4,500 Plus continuation fee as mentioned in entry number 20

 

On application for an alteration of any entry in the Register of trademarks Agent under rule 154

1,000

900

 

 

Handling fee for certification and transmission of international application to International Bureau with MM2(E)

Not allowed

5,000

 

Documents Required

  • PAN Card and Address Proof of Applicant
  • Notice received from the Registrar of Trademarks for renewal, if any.
  • Copy of Trademark application
  • Trademark Registration Certificate
  • Power of Attorney to allow the attorney to file the trademark restoration application on your behalf