Trademark Renewal in India – Maintaining Your Registered Trademark for Continued Protection

Q: When must a trademark be renewed in India?

Every 10 years from the original application date. Form TM-R should be filed within 6 months before expiry. The proprietor's obligation exists independently of any Registry reminder notice.

Q: What is the government fee for trademark renewal in India?

Rs 9,000 per class for individuals, startups, and MSMEs; Rs 10,000 per class for others. Late renewal within the 6-month grace period attracts a 50% surcharge. Fee applies per class.

Q: What happens if a trademark is not renewed before the expiry date?

The mark is removed from the Register. A 6-month grace period allows late renewal with surcharge. After this period the mark is permanently removed and a fresh application is required.

Q: Can a trademark be renewed for only some of the registered goods or services?

Yes. The proprietor can narrow the scope on renewal — retaining only goods or services where the mark is actively used, reducing non-use rectification risk for unused categories.

Q: Can a trademark renewal be filed by someone other than the registered proprietor?

Yes. Authorised agents, assignees, licensees, or persons with a commercial interest in the registration can file renewal applications on behalf of or in the name of the registered proprietor.

Timely 10-Year Trademark Renewal Filing and Late Renewal Restoration Under Section 25 of the Trade Marks Act, 1999

A registered trademark in India is valid for 10 years from the date of filing of the original application and must be renewed every 10 years to maintain its registered status. Renewal is governed by Section 25 of the Trade Marks Act, 1999, and is applied for by filing Form TM-R with the Trade Marks Registry along with the prescribed renewal fee. The renewal application should be filed within 6 months before the expiry date. If the renewal is not filed on or before the expiry date, the trademark is removed from the Register — but can be restored through a late renewal application filed within 6 months after expiry, with a surcharge.

A lapsed and non-restored trademark ceases to provide registered protection — the owner loses the right to use the ® symbol, the right to oppose new conflicting applications, and the statutory enforcement rights under Section 29. Our renewal service ensures that all registered trademarks in your portfolio are renewed on time — with advance reminders, Form TM-R preparation, and filing coordination. This service connects with our certificate, transfer, and enforcement services.

Our Trademark Renewal Services

Renewal Due Date Tracking

Proactive monitoring of renewal expiry dates across your trademark portfolio — with advance reminders issued 12 months, 6 months, and 3 months before expiry to ensure no renewal is missed.

Trademark Renewal Filing (TM-R)

Preparation and filing of Form TM-R on the IP India portal — within the prescribed period before expiry — with government fee payment and acknowledgement tracking.

Late Renewal Filing

Filing of late renewal applications within the 6-month grace period after expiry — with the applicable government surcharge — to restore the trademark's registered status.

Trademark Restoration Application

Application for restoration of a trademark removed from the Register after expiry — submitted with surcharge within 6 months of removal — and Registry liaison for restoration order.

Portfolio Bulk Renewal Management

Coordinated renewal management for large trademark portfolios — tracking, reminders, staggered filing, and renewal confirmation documentation for all trademarks across multiple classes and jurisdictions.

Post-Renewal Certificate Update

Download and filing of the renewed trademark registration certificate — confirming the updated 10-year validity period and renewed registration status.

Why Timely Trademark Renewal Is Non-Negotiable

A lapsed trademark loses all statutory protection — competitors can use the same or similar mark without facing a registered trademark infringement claim
An expired mark can be applied for by third parties — creating a risk of a competitor legitimately registering your brand name or logo after lapse
Lapsed trademarks cannot be used as the basis for opposing new conflicting applications — losing a critical brand defence tool
E-commerce platforms may deactivate brand protection status for lapsed trademarks — exposing your online listings to counterfeit competition
Renewal is a fraction of the cost and effort of re-filing — with a new application starting from scratch and losing the original priority date
Timely portfolio renewal tracking prevents inadvertent lapses — particularly important for companies with large, multi-class, multi-territory trademark portfolios

Frequently Asked Questions

When must a trademark be renewed in India?

Under Section 25 of the Trade Marks Act, a registered trademark must be renewed every 10 years from the date of the original application. The renewal application (Form TM-R) should ideally be filed within 6 months before the expiry date. The Registry sends an advance notice to the registered proprietor, but non-receipt of the notice does not excuse non-renewal — the proprietor's obligation to file timely renewal exists independently of any notice from the Registry.

What is the government fee for trademark renewal in India?

The renewal fee is the same as the registration fee applicable to the applicant category: Rs 9,000 per class for individuals, startups, and MSMEs; and Rs 10,000 per class for other applicants. Late renewal within the 6-month grace period attracts a surcharge of 50% of the renewal fee. The fee applies per class — so a multi-class trademark requires the renewal fee to be paid for each class.

What happens if a trademark is not renewed before the expiry date?

If renewal is not filed before the expiry date, the Trade Marks Registry sends a notice of non-renewal and the trademark is removed from the Register. The proprietor has a further 6-month grace period from the date of removal to file a late renewal (restoration) application with the prescribed surcharge. After the 6-month restoration period expires, the trademark cannot be renewed and is permanently removed — requiring a fresh application with a new filing date.

Can a trademark be renewed for only some of the registered goods or services?

Yes. At the time of renewal, the registered proprietor may choose to renew only for a subset of the goods or services covered by the registration — effectively narrowing the scope of the registration on renewal. This is relevant where the proprietor is no longer using the mark in relation to certain goods or services and wishes to avoid the risk of a non-use rectification petition being filed for those goods or services in the future.

Can a trademark renewal be filed by someone other than the registered proprietor?

Yes. A trademark renewal application can be filed by the registered proprietor, their authorised agent, or any other person who has a commercial interest in the continued registration of the trademark — such as an assignee, licensee, or a person who has purchased the business associated with the trademark. In practice, our team files renewal applications on behalf of registered proprietors and licensees under power of attorney.

Renew Your Trademark on Time — Every Time

Proactive renewal tracking, Form TM-R filing, and portfolio management for registered trademark owners.