You invested time, money, and creative energy into building your brand. You secured the trademark, built consumer trust, and carved out your space in the market. But here's something many business owners overlook. A registered trademark in India doesn't last forever. It expires after 10 years. Without timely trademark renewal in India, you risk losing the very identity that sets your business apart.
The good news is that renewal is far simpler than the original registration. There's no fresh examination, no publication for opposition, and the entire process can be completed online through the IP India portal. Section 25 of the Trade Marks Act, 1999, along with Rule 57 of the Trade Marks Rules, 2017, governs the renewal procedure. Whether you're approaching your first renewal cycle or managing a portfolio of marks, this guide covers everything you need to know, from timelines and fees to grace periods, restoration, and common pitfalls.
Why Trademark Renewal Matters
A registered trademark grants you exclusive rights to use a specific mark in connection with your goods or services. This exclusivity is the legal backbone of your brand. It prevents competitors from adopting a confusingly similar name, logo, or symbol. It gives you standing to initiate infringement proceedings in court. And it contributes directly to the commercial value of your business, since trademarks are recognized as intangible assets that can be licensed, franchised, or even sold.
When a trademark lapses due to non-renewal, all of these protections disappear. Competitors can freely adopt a similar or identical mark. Consumers may become confused about the source of goods or services, diluting the goodwill you've built over years. Worse still, reclaiming an expired trademark through restoration costs significantly more than a timely renewal. If you've gone through the effort of trademark registration, protecting that investment through periodic renewal is a straightforward and cost-effective step.
Trademark Renewal Timeline: Key Dates to Remember
Understanding the timeline is critical because missing deadlines leads to surcharges, removal from the register, or expensive restoration proceedings. Here is how the timeline works under the current rules.
A trademark registration in India is valid for 10 years from the date of the original application. You can file the renewal application up to one year before the expiry date. This pre-expiry window is the ideal time to act, as it avoids any additional fees and ensures uninterrupted protection. For a trademark expiring on 31 December 2026, for instance, you can begin the renewal process from 1 January 2026 onwards.
If you miss the expiry date, the Act provides a six-month grace period. During this window, you can still renew the trademark by paying the standard renewal fee plus a prescribed surcharge. Your trademark remains protected during this grace period, but the additional cost serves as a penalty for late filing.
If the six-month grace period also passes without renewal, the Registrar removes the trademark from the register. However, restoration is still possible. You can apply for restoration by filing Form TM-R along with the renewal fee and an additional restoration fee, provided the application is made within one year from the date the trademark was removed. After this one-year restoration window closes, the mark is permanently lost, and you would need to file a fresh application for trademark registration entirely.
Trademark Renewal Fees India: Complete Fee Structure
The trademark renewal fees India businesses need to pay depend on the filing mode (e-filing or physical) and the timing of the application. The following table provides the current fee structure as per the IP India fee schedule.
| Scenario | E-Filing (Per Class) | Physical Filing (Per Class) |
| Timely Renewal (before expiry) | Rs. 9,000 | Rs. 10,000 |
| Late Renewal (within 6-month grace period) | Rs. 9,000 + Rs. 4,500 surcharge | Rs. 10,000 + Rs. 5,000 surcharge |
| Restoration (after removal, within 1 year) | Rs. 9,000 + Rs. 9,000 restoration fee | Rs. 10,000 + Rs. 10,000 restoration fee |
These fees apply per class. If your trademark is registered in multiple classes, the fee must be paid separately for each class. E-filing through the IP India portal is recommended since it is faster, more cost-effective, and provides instant acknowledgment of your application.
Step-by-Step Trademark Renewal Process
The renewal process is considerably simpler than the original registration. There is no fresh examination by the Registrar and no opposition period to navigate. Here's how the process works from start to finish.
Step 1: Check the Expiry Date
Before anything else, verify when your trademark expires. You can check the current status and expiry date through the IP India online portal by searching your application or registration number. The Registrar is also required to send a renewal notice to the registered proprietor before the expiry date, though relying solely on this notice isn't advisable. Keeping your own records of renewal deadlines is a prudent practice.
Step 2: Prepare the Required Documents
Trademark renewal requires minimal documentation compared to the initial filing. You need Form TM-R, which is the prescribed renewal application form. If you're filing through an attorney or agent, a Power of Attorney (Form TM-48) is also required. No identity proofs, address proofs, or specimens of the mark are needed at the renewal stage.
Step 3: File Form TM-R Online
Log in to the IP India e-filing portal at ipindiaonline.gov.in. Select Form TM-R and fill in the required details, including the trademark registration number, the proprietor's name and address, and the class of goods or services. Upload the Power of Attorney if applicable, and pay the prescribed fee through the portal's payment gateway. Upon successful submission, you receive an instant acknowledgment with a filing receipt.
Step 4: Administrative Verification
The Trademark Registry conducts an administrative check to verify that the application is complete and the correct fees have been paid. Unlike the initial registration, there is no substantive examination of the mark's distinctiveness or conflict with other marks. If any discrepancy is found, the Registry will notify you, and you must address the concern within the given timeframe. If a formal objection arises at any stage, the trademark hearing process may apply, though this is uncommon for straightforward renewals.
Step 5: Publication and Renewal Certificate
Once the application is cleared, the renewed trademark is published in the official Trade Marks Journal. This confirms that the renewal has been accepted and the mark remains active on the register. A computer-generated renewal certificate is made available on the online portal, which serves as legal proof that your trademark is protected for another 10 years. Physical certificates are no longer issued by default unless specifically requested.
Grace Period, Late Renewal, and Restoration Explained
Missing the renewal deadline doesn't immediately erase your trademark. The law provides a structured safety net, but each delay comes with increasing costs and risks.
During the six-month grace period after expiry, the trademark technically remains on the register, and your exclusive rights continue. However, you must pay the surcharge in addition to the standard renewal fee to complete the process. This grace period is governed by Rule 57(2) of the Trade Marks Rules, 2017.
If the grace period expires without renewal, the Registrar removes the trademark from the register. At this point, you lose your exclusive rights, and the mark becomes vulnerable to adoption by others. Restoration under Section 25(4) of the Act is your last recourse. You must file Form TM-R along with the renewal fee and the restoration fee within one year from the date of removal. The Registrar has discretionary power to accept or reject the restoration application, so providing valid reasons for the delay strengthens your case.
Once the one-year restoration window closes, the trademark is permanently gone. Reclaiming it would require starting the entire registration process afresh, including a trademark search, Form TM-A filing, examination, publication, and the associated waiting period of 12 to 18 months. This makes timely renewal far more practical and economical.
Consequences of Not Renewing Your Trademark
The implications of allowing a trademark to lapse extend beyond the loss of legal protection. Your competitors can adopt identical or confusingly similar marks for the same class of goods or services, diluting the brand equity you've spent years building. Consumer confusion becomes a real risk, potentially diverting your customers to rival businesses.
From an enforcement perspective, an expired trademark significantly weakens your position in any infringement dispute. Courts require an active registration to grant relief under the Trade Marks Act. Without it, your only recourse would be a passing off action under common law, which is more difficult to prove and less predictable in outcome. If a third party files a trademark opposition against your attempt to re-register the mark, the process becomes even more complicated and costly.
Additionally, an expired trademark can affect your business dealings. Licensing agreements, franchise arrangements, and brand partnerships often require evidence of an active trademark registration. Lapsing the mark may trigger breach of contract provisions in existing agreements. For businesses operating across state lines or internationally, the downstream impact multiplies. Should you receive any communication from the Registry regarding your mark's status, consulting the trademark notice response process promptly is essential.
Documents Required for Trademark Renewal
One of the advantages of trademark renewal is its minimal documentation requirement. Unlike the initial registration, where extensive proofs and specimens are needed, the renewal process is lean and efficient.
| Document | Details |
| Form TM-R | Prescribed renewal application form, filed online or physically |
| Power of Attorney (TM-48) | Required only if filing through a trademark agent or attorney |
| Trademark Registration Number | The unique registration number assigned during original registration |
| Fee Payment Proof | Online payment receipt generated through the IP India portal |
No identity proofs, address documents, or brand specimens are needed at the renewal stage. This simplicity makes the process accessible even for small businesses and individual proprietors who may not have extensive legal resources.
Conclusion
Trademark renewal in India is a straightforward yet essential step for maintaining your brand's legal protection. With a 10-year validity cycle and unlimited renewal options, the Trade Marks Act, 1999, ensures that businesses can safeguard their intellectual property indefinitely. The process requires minimal documentation, can be completed entirely online, and costs a fraction of what it takes to register a trademark from scratch.
The key is timeliness. Filing Form TM-R before expiry avoids surcharges, prevents removal from the register, and ensures uninterrupted protection for your brand. For professional assistance with trademark renewal and other intellectual property services, working with qualified professionals ensures accuracy, compliance, and peace of mind.
