Rules 60 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 60 is the restoration rule. A trademark that has been removed from the register for non-payment of the renewal fee can be restored, and its registration renewed, on an application in Form TM-R made within one year from the expiration of the registration, with the prescribed fee. The Registrar must have regard to the interest of other affected persons. Rule 61 requires a notice to the registered proprietor and every registered user, and advertisement in the Journal, once a renewal or restoration and renewal is made. If a mark has dropped off the register, trademark renewal help usually begins with rule 60.
An application for restoration of a trademark to the register and renewal of its registration under section 25(4) is made in Form TM-R within one year from the expiration of the registration, with the prescribed fee; the Registrar has regard to the interest of other affected persons (rule 60). After renewal or restoration and renewal, a notice goes to the registered proprietor and every registered user, and the event is advertised in the Journal (rule 61).
Rule 60: restoration and renewal
"An application for the restoration of a trademark to the register and renewal of its registration under sub-section (4) of section 25, shall be made in Form TM-R within one year from the expiration of the registration of the trademark accompanied by the prescribed fee. The Registrar shall, while considering the request for such restoration and renewal have regard to the interest of other affected persons."
| Element | Text |
|---|---|
| Statutory basis | Section 25(4) |
| Form | TM-R (the Second Schedule lists TM-R for "Request for restoration of a trademark") |
| Time | Within one year from the expiration of the registration |
| Fee | "the prescribed fee"; as notified in 2017 (check the current Schedule), entry 5 lists "renewal with surcharge / restoration and renewal ... under section 25 (3), 25 (4) for each class" at Rs 10,000 (physical) or Rs 9,000 (e-filing), "Plus renewal fee applicable under entry 3" |
| Consideration | The Registrar shall have regard to the interest of other affected persons |
Points to read carefully
- The year runs from expiration, not from removal. The text says "within one year from the expiration of the registration". If removal is later than expiry, the year still counts from expiry.
- Two requests in one. The application is for restoration to the register and renewal of the registration together. The fee therefore includes the renewal fee "applicable under entry 3", as the Schedule says.
- Per class. Entry 5 says "for each class". A mark restored for three classes pays per class.
- Not automatic. The rule says the Registrar "shall ... have regard to the interest of other affected persons". It does not say that restoration must be granted. The text does not list who the "other affected persons" are or how they are heard. A person who has in the meantime applied for a similar mark, or begun to use one, is an obvious example, but the rule does not say so.
- Relation to rules 58 and 59. Rule 59's surcharge route (Form TM-R within six months from expiration, entry 4) prevents removal. If that six-month window has passed and the mark is removed, rule 60 gives one year from expiration for restoration. How the six-month and one-year periods fit together depends on the Act's section 25; see our article on section 25.
A related point of drafting: rule 58(2) and (3) say a mark not renewed within six months of actual registration is removed "subject to rule 60", so rule 60 is also the path back for those marks.
Example: Dinesh Tools' registration expired on 31 March and was removed, with the removal advertised. Eight months later, Dinesh realises and files Form TM-R for restoration and renewal on 30 November, within one year from expiration, paying the entry 5 fee for each class plus the renewal fee. While deciding, the Registrar must have regard to the interest of other affected persons, for example another applicant who filed a similar mark after removal. If Dinesh waited past 31 March of the following year, the one-year period in rule 60 would have run.
The consequences of removal for failure to pay the renewal fee are set out in section 26 of the Act.
Rule 61: notice and advertisement of renewal and restoration
"Upon the renewal or restoration and renewal of registration, a notice to that effect shall be sent to the registered proprietor and every registered user and the renewal or restoration and renewal shall be advertised in the Journal."
| Duty | Detail |
|---|---|
| Notice | To the registered proprietor and every registered user |
| Advertisement | Of the renewal or restoration and renewal, in the Journal |
| Trigger | "Upon the renewal or restoration and renewal of registration" |
Two observations. First, the notice goes to "every registered user", not only the proprietor, so a licensee on the register is told. Second, the rule does not give a time limit for the notice or the advertisement; "upon" is the only timing word. The text does not provide for any form for this notice (the Third Schedule's RG forms do not include one for it).
Putting rules 57 to 61 together
| Stage | Rule | Key time |
|---|---|---|
| Ordinary renewal | 57 | Not more than one year before expiry |
| Notice of expiry | 58(1) | Not more than six months before expiry, Form RG-3 |
| Late-registered marks | 58(2)-(3) | Six months from actual registration |
| Surcharge, no removal | 59 proviso | Six months from expiration, Form TM-R |
| Restoration and renewal | 60 | One year from expiration, Form TM-R |
| Notice and advertisement | 61 | On renewal or restoration and renewal |
Version note
This article follows the Rules as notified on 6 March 2017. Later amendments to rules 58 to 61 and to the fees should be checked. For a practical overview, see our guide on trademark renewal, fees and late restoration.
Need help restoring a lapsed mark?
Restoration depends on dates, the right fee entry and the position of other parties. Our trademark renewal team can check where your mark stands and prepare the restoration application.
Key takeaways
- Restoration and renewal is applied for on Form TM-R within one year from the expiration of the registration.
- The Registrar must have regard to the interest of other affected persons.
- As notified in 2017, entry 5 is the fee head, per class, plus the renewal fee.
- After renewal or restoration, the proprietor and every registered user receive notice and the event is advertised in the Journal.
- The surcharge route in rule 59 works within six months from expiration; rule 60 gives a year.
Read next
- Rules 58–59: notice before removal and advertisement of removal
- Rule 57: renewal of registration
- Rules 62–64: Madrid definitions, language and notices
- Trademark renewal calendar: never miss a deadline
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.