GB Legal Associates
Renewal dates tracked by registered trade marks agents

Trademark Renewal in India

Section 25, Trade Marks Act, 1999 · Form TM-R · Every 10 years, indefinitely

Reviewed by
Registered Trade Marks Agent
Last updated
  • Register checked first. Owner name, address and classes matched before filing.
  • Ownership changes recorded. Assignments and name changes put on record on Form TM-P.
  • Late renewals handled. Surcharge and restoration filings within the statutory windows.
  • Next date diarised. The following renewal is tracked from the day this one is filed.

Renew a trademark

Send the registration number. A registered agent confirms the expiry date and the filing needed.

Confidential. Reply within one working day. Never shared.

  • Vashi, Navi MumbaiOur office, Sector 30A
  • Since 2008Filing with IP India
  • Objections handledReplies and hearings by a named professional
  • International filingMadrid, PCT and direct filing

Trademark renewal at a glance

Law
Term
Form
Early renewal
Late renewal
Restoration

When does a trademark registration expire?

A trademark registration expires 10 years from the date of the application, not from the date the certificate was issued. Registration takes effect from the application date (Section 23), so a mark applied for on 1 March 2017 and registered in 2018 expires on 1 March 2027.

Before expiry the Registrar is required to send the registered proprietor a notice of the date (Section 25(3)), but it goes to the address on the register and is easily missed. Treat your own records as the safety net, not the notice. If the mark is not renewed, it is removed from the register, and a removed mark can be restored only within the limited window below.

What happens if you renew early, late or not at all?

What happens if you renew early, late or not at all?
WindowTimingWhat to fileSource
Early renewal
Registry’s reminder (Form RG-3)
Late renewal with surcharge
Restoration and renewal
After 12 months
Mark registered late, near or after its renewal date

Worked example: which dates apply to a mark filed on 1 March 2017?

Worked example: which dates apply to a mark filed on 1 March 2017?
EventDateWhat it means
First term ends
Earliest date to file Form TM-R
Earliest date for the Registry’s RG-3 notice
Last day for renewal with surcharge
Restoration window
Next term, once renewed

How does restoration of a removed trademark work?

If no renewal or surcharge application is filed within six months of expiry, the Registrar may remove the mark from the register and advertise the removal in the Journal (rule 59). Removal is not yet the end.

  • Restoration is discretionary. Between six months and one year after expiry, Section 25(4) lets the Registrar restore the mark and renew it if satisfied that it is just to do so, either generally or with conditions. Rule 60 adds that the Registrar must have regard to the interests of other affected persons, such as someone who adopted a similar mark after the removal.
  • Explain the lapse. A restoration request should say why the renewal was missed and show that the mark is still in use. A mark that has been in active use is easier to restore than one that has been dormant.
  • The removed mark still blocks others for a year. Under Section 26, for one year after removal a mark removed for non-payment is treated as still on the register when the Registry examines another person’s application, unless there was no bona fide trade use in the two years before removal, or no confusion is likely.
  • After one year. The Act allows no restoration. The only route is a fresh application, which takes a new filing date and may meet marks filed in the gap.

What does a late renewal cost in government fees?

What does a late renewal cost in government fees?
SituationCalculationGovernment fee
On time, three classes
Within six months after expiry, three classes
Restoration, six to twelve months after expiry, three classes

What is the government fee to renew a trademark?

What is the government fee to renew a trademark?
Government feeAll applicants
Renewal of registration (Section 25)Form TM-Rper class· e-filing₹9,000
Surcharge for renewal within six months after expiryForm TM-Rper class, plus the renewal fee· e-filing₹4,500
Restoration and renewal of a removed mark (Section 25(4))Form TM-Rper class, plus the renewal fee· e-filing₹9,000
Renewal of registration (Section 25)Form TM-Rper class· paper filing₹10,000
Surcharge for renewal within six months after expiryForm TM-Rper class, plus the renewal fee· paper filing₹5,000
Restoration and renewal of a removed mark (Section 25(4))Form TM-Rper class, plus the renewal fee· paper filing₹10,000

How do you renew a trademark in India?

  1. Up to 12 months before expiry

    Check the register

  2. If details changed

    Record changes first

  3. Before expiry

    File Form TM-R online

  4. After filing

    Renewal recorded

  5. Same day

    Diarise the next renewal

What should you check before renewing a trademark?

  • The owner on the register. If the business has been sold, merged or converted (for example, a firm into a company), record the change before or with the renewal.
  • Address for service. Update it, so that renewal notices and any correspondence reach you.
  • Classes in use. Renewing unused classes keeps them on the register but not safe from removal for non-use under Section 47.
  • The mark as you use it now. Renewal does not cover a modernised logo. If the mark has changed, file a new application for the current version.
  • Licensees and markets. Note who uses the mark under licence and whether new countries need protection through the Madrid Protocol.

Trademark renewal FAQs

How long is a renewed trademark valid?
Can I renew a trademark that has already expired?
Do I need to show use of the mark to renew it?
Can someone else renew my trademark?
Can I change my logo when I renew?
Is the renewal date the same as the registration date?
Will the Trade Marks Registry remind me before my trademark expires?

Official sources

  1. 1.Trade Marks Act, 1999 (IP India)
  2. 2.Trade Marks Rules, 2017 (IP India)
  3. 3.Trade marks: forms and official fees (IP India)
Guides

Further reading

CallWhatsAppConsultation
Chat on WhatsApp