Trademark Renewal in India
Section 25, Trade Marks Act, 1999 · Form TM-R · Every 10 years, indefinitely
A registered trademark in India lasts 10 years from the application date and is renewable every 10 years without limit (Section 25). File Form TM-R up to one year before expiry. Up to six months after expiry it can still be renewed with a surcharge; from six months to one year after expiry, a removed mark can be restored.
- 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.
- 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
- Section 25, Trade Marks Act, 1999; Rules 57 to 60, Trade Marks Rules, 2017
- Term
- 10 years from the application date, renewable every 10 years
- Form
- Form TM-R, with the fee for each class renewed
- Early renewal
- Up to one year before the expiry date (Rule 57)
- Late renewal
- Within six months after expiry, with a surcharge
- Restoration
- Between six months and one year after expiry (Section 25(4))
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?
| Window | Timing | What to file | Source |
|---|---|---|---|
| Early renewal | Up to 12 months before expiry | Form TM-R with the renewal fee | Rule 57(1) |
| Registry’s reminder (Form RG-3) | Sent not more than 6 months before expiry, if no renewal has been filed | Nothing; the notice goes to the address for service on the register | Section 25(3), rule 58(1) |
| Late renewal with surcharge | Up to 6 months after expiry | Form TM-R with the renewal fee and the surcharge; the mark is not removed if this is filed in time | Section 25(3) proviso, rule 59 |
| Restoration and renewal | From 6 to 12 months after expiry | Form TM-R with the renewal fee and the restoration fee; the Registrar restores the mark if it is just to do so | Section 25(4), rule 60 |
| After 12 months | More than 1 year after expiry | No restoration under the Act; a fresh application on Form TM-A | Section 25(4) |
| Mark registered late, near or after its renewal date | Within 6 months of the actual date of registration | Form TM-R with the renewal fee, without surcharge | Rule 58(2) and (3) |
Renewal is per class. You can renew only the classes you still need. The renewed term runs for 10 years from the expiry of the previous term, whenever within the window you file.
Worked example: which dates apply to a mark filed on 1 March 2017?
The application date sets every renewal date, because registration takes effect from the date of application (Section 23). For a mark applied for on 1 March 2017:
| Event | Date | What it means |
|---|---|---|
| First term ends | 1 March 2027 | 10 years from the application date |
| Earliest date to file Form TM-R | 1 March 2026 | Not more than one year before expiry (rule 57(1)) |
| Earliest date for the Registry’s RG-3 notice | 1 September 2026 | Not more than six months before expiry (rule 58(1)) |
| Last day for renewal with surcharge | 1 September 2027 | Six months after expiry; the mark stays on the register |
| Restoration window | 1 September 2027 to 1 March 2028 | Restoration and renewal at the Registrar’s discretion |
| Next term, once renewed | 1 March 2027 to 1 March 2037 | Always runs from the old expiry date, not the filing date of TM-R |
Check the application date on your registration certificate; the certificate date is usually later and is not the one that counts.
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?
Worked examples using the e-filing fees in the table below, for a mark registered in three classes. The surcharge and the restoration fee are each added to the renewal fee, class by class.
| Situation | Calculation | Government fee |
|---|---|---|
| On time, three classes | 3 × ₹9,000 | ₹27,000 |
| Within six months after expiry, three classes | 3 × (₹9,000 + ₹4,500) | ₹40,500 |
| Restoration, six to twelve months after expiry, three classes | 3 × (₹9,000 + ₹9,000) | ₹54,000 |
Fees from the Trade Marks Rules, 2017, First Schedule, entry 3, checked against IP India on 15 October 2026. Statutory fees only; our professional fee is quoted separately in writing.
What is the government fee to renew a trademark?
| Government fee | All 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 |
Government fees from Trade Marks Rules, 2017, First Schedule (IP India), as checked on . Statutory fees only; the firm's professional fee is quoted separately in writing.
The surcharge and the restoration fee are each payable in addition to the renewal fee, for each class.
How do you renew a trademark in India?
Up to 12 months before expiry
Check the register
We compare the register entry with your current details: proprietor name, address, classes and the goods or services in use.
If details changed
Record changes first
An assignment, a merger or a change of name or address is recorded on Form TM-P, so that the renewal is filed by the proprietor shown on the register.
Before expiry
File Form TM-R online
The renewal request is filed with the fee for each class. A filing receipt issues at once.
After filing
Renewal recorded
The Registry records the renewal for a further 10 years and the IP India record shows the new validity date.
Same day
Diarise the next renewal
The next expiry date goes into our docket, with reminders well ahead of the 12-month window.
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?
10 years from the expiry of the previous registration term, and it can be renewed again every 10 years for as long as you pay the renewal fee.
Can I renew a trademark that has already expired?
Yes, within limits. Up to six months after expiry it can be renewed with a surcharge. From six months to one year after expiry, a removed mark can be restored and renewed. After one year, a new application is needed.
Do I need to show use of the mark to renew it?
No. Renewal in India does not require proof of use. Non-use remains a separate risk: a mark unused for five years and three months can be removed on a third party’s application.
Can someone else renew my trademark?
The renewal is filed in the name of the registered proprietor, usually through its trade marks agent. If the proprietor has changed, the change should be recorded so the right owner renews.
Can I change my logo when I renew?
No. Renewal keeps the mark exactly as registered. Only minor alterations that do not substantially affect its identity are allowed under Section 59; a redesigned logo needs a new application.
Is the renewal date the same as the registration date?
No. It is based on the application date, because registration takes effect from the date of application. Check the filing date on your certificate.
Will the Trade Marks Registry remind me before my trademark expires?
It should. If no renewal has been filed, rule 58(1) has the Registrar send a notice on Form RG-3, not more than six months before expiry, to the address for service on the register. If that address is out of date, the notice will not reach you, so keep the register current and diarise the date yourself.
Official sources
Further reading
- TM vs R (™ vs ®): What Each Symbol Means and When You Can Use ItTM vs R: what ™ and ® mean in India, when each may be used, and the section 107 penalty for claiming a registration you do not hold.
- Trademark Status Meanings: Every IP India Status ExplainedEvery status on the IP India e-register in the order an application meets it, what it means, and which ones start a deadline.