If a trademark has been removed from the register of trademarks owing to non-filing of the renewal request on Form TM-R with the requisite fee, then the proprietor of the said trademark can file an application for the restoration of a trademark to the register and renewal of its registration. Such an application for restoration can be filed after six months and within one year of the expiry of the registration of the mark under Form TM-R with the restoration fee of INR 9000 per class in addition to the appropriate renewal fee.
It is however pertinent to note that the registrar shall assess the interest of other affected persons while considering the request for such restoration and renewal. Upon acceptance of the restoration and renewal requests, the registrar shall notify the same to the registered proprietor and every registered user and the restoration and renewal shall be advertised in the Trademarks Journal ensuring that the mark is renewed for a subsequent period of ten years.