Registering a trademark gives legal protection to your brand name, logo, symbol or other brand identity. However, trademark registration does not remain valid forever unless it is renewed on time.
In India, a registered trademark is valid for ten years. It can then be renewed for further periods of ten years each. There is no fixed limit on the number of times a trademark can be renewed. This means that a brand can remain protected for an unlimited period, provided the renewal requirements are completed on time.
Missing the renewal deadline does not always mean that the trademark is immediately lost. Indian trademark law provides additional time for late renewal and, in certain cases, restoration. However, these options involve higher government fees and additional legal risk.
This article explains the complete process of trademark renewal in India, including the deadline, government fees, late renewal and restoration of an expired trademark.
What Is Trademark Renewal?
Trademark renewal is the process of extending the validity of an existing trademark registration for another ten years.
Renewal does not create a new trademark application. It continues the protection already granted under the existing registration number. After renewal, the proprietor can continue using the registered trademark symbol and enforcing the trademark against unauthorised users.
Section 25 of the Trade Marks Act, 1999 deals with the duration, renewal, removal and restoration of trademark registrations. It allows a registered trademark to be renewed repeatedly for additional ten-year periods.
How Long Is a Trademark Valid in India?
A registered trademark in India is valid for ten years from the date of the trademark application.
For example, suppose a trademark application was filed on 15 August 2026 and the registration certificate was issued in 2028. The first renewal date will normally be calculated from 15 August 2026, not from the date on which the registration certificate was issued.
After renewal, the registration remains valid for another ten years from the date on which the previous registration period expired.
When Can a Trademark Renewal Application Be Filed?
A trademark renewal application can be filed up to one year before the expiry of the existing registration.
Rule 57 of the Trade Marks Rules, 2017 provides that the renewal request must be filed in Form TM-R with the prescribed government fee. The application may be submitted at any time during the one-year period before the trademark expires.
Filing early is usually the safest option because it:
- Avoids late renewal charges
- Prevents accidental removal of the trademark
- Gives time to correct errors in the Registry record
- Helps maintain uninterrupted trademark protection
- Reduces the risk of disputes with third parties
A trademark owner should not depend only on a notice from the Trade Marks Registry. Although the Registry is required to issue a notice before the expiry in certain circumstances, the registered proprietor should independently track the renewal date.
Trademark Renewal Deadline in India
The renewal timeline can be understood in three stages.
1. Renewal Before Expiry
The best time to renew a trademark is during the one-year period before its expiry date.
The proprietor must file Form TM-R and pay the normal renewal fee. Once renewed, the registration continues for another ten years.
2. Renewal Within Six Months After Expiry
When the normal renewal deadline has been missed, the proprietor still gets an additional period of six months from the date of expiry.
During this period, the trademark can be renewed by filing Form TM-R and paying:
- The normal renewal fee; and
- The prescribed surcharge.
The Registrar should not remove the trademark from the register when the required application, fee and surcharge are submitted within this six-month period.
3. Restoration After Six Months but Within One Year
When the trademark is not renewed during the first six months after expiry and has been removed from the register, the proprietor may apply for restoration.
The restoration application must be made after the six-month late-renewal period but within one year from the expiry of the last registration.
Restoration is not automatic. The Registrar must be satisfied that restoring the trademark is fair and justified. The Registrar may also consider the interests of other affected persons and may restore the mark subject to conditions or limitations.
Trademark Renewal Fees in India
The government fee is charged separately for each trademark and each class covered by the registration.
The current official fees for electronic filing are as follows:
| Type of request | Online government fee per class |
|---|---|
| Renewal filed before expiry | ₹9,000 |
| Renewal within six months after expiry | ₹13,500 |
| Restoration and renewal | ₹18,000 |
| The amount of ₹13,500 for late renewal consists of the normal online renewal fee of ₹9,000 plus a surcharge of ₹4,500. | |
| The amount of ₹18,000 for restoration consists of the normal online renewal fee of ₹9,000 plus the online restoration and renewal fee of ₹9,000. | |
| For physical filing, the official fees are: | |
| Type of request | Physical filing fee per class |
| — | —: |
| Renewal filed before expiry | ₹10,000 |
| Renewal within six months after expiry | ₹15,000 |
| Restoration and renewal | ₹20,000 |
| These amounts are government fees only. Professional charges for reviewing the trademark record, preparing the documents, filing Form TM-R and following up with the Registry may be charged separately. |
How Are Fees Calculated for a Multi-Class Trademark?
Trademark renewal fees are calculated class-wise.
For example, when one registration covers three classes, the online government fee for normal renewal will be:
₹9,000 × 3 classes = ₹27,000
When the same three-class trademark is renewed within six months after expiry, the online government fee will be:
₹13,500 × 3 classes = ₹40,500
For restoration and renewal of the three-class registration, the online government fee will be:
₹18,000 × 3 classes = ₹54,000
Therefore, delaying renewal can become expensive, especially when the trademark is registered in several classes. The official fee schedule clearly states that renewal and restoration fees apply separately to each class.
Which Form Is Used for Trademark Renewal?
Form TM-R is used for:
- Renewal before expiry
- Renewal within six months after expiry with surcharge
- Restoration and renewal of a trademark removed from the register
The applicant must select the correct type of request while submitting the form.
Form TM-R asks for details such as the proprietor’s name and address, address for service, agent details where applicable, trademark number, trademark type, class or classes and the type of renewal or restoration payment being made.
Who Can File a Trademark Renewal Application?
A trademark renewal request is ordinarily filed by:
- The registered proprietor of the trademark
- An advocate
- A registered trademark agent
- A duly authorised constituted attorney
Where the trademark has been assigned to another person but the assignment has not yet been recorded, the ownership records may need to be updated before or along with the renewal process, depending on the circumstances.
The details entered in Form TM-R should match the information available in the Trade Marks Register. Any difference in the proprietor’s name, address, legal status or ownership should be reviewed before filing.
Documents and Information Required for Trademark Renewal
The following details are commonly required:
- Trademark registration number
- Trademark class or classes
- Name and address of the registered proprietor
- Current address for service
- Email address and mobile number
- Details of the authorised agent, where applicable
- Power of attorney or authorisation, where required
- Details of any change in name, address or ownership
- Copy of the registration certificate, where available
- Details of the renewal fee payment
The exact documents may vary when the trademark has been assigned, inherited, merged into another company or affected by a change in the proprietor’s legal status.
Step-by-Step Trademark Renewal Process
Step 1: Check the Trademark Status
The first step is to verify the trademark registration number, registered proprietor, classes, renewal date and current status in the Trade Marks Registry records.
Step 2: Review the Proprietor’s Details
The name and address of the proprietor should be checked carefully. Where the proprietor’s name, address or ownership has changed, the necessary recordal request may also be required.
Step 3: Calculate the Government Fee
The fee must be calculated according to:
- Number of trademarks
- Number of classes
- Whether the request is a normal renewal, late renewal or restoration
Step 4: Prepare and File Form TM-R
Form TM-R must be completed using the correct trademark and proprietor details. The appropriate renewal category must be selected.
Step 5: Pay the Official Fee
The prescribed government fee must be paid for every class covered by the renewal request.
Step 6: Receive the Filing Acknowledgement
After filing, an acknowledgement or payment receipt is generated. This should be kept safely as proof of filing.
Step 7: Monitor the Application
The filing should be monitored until the Registry records the renewal or restoration. After renewal or restoration, the Registry sends notice to the proprietor and publishes the change in the Trade Marks Journal.
What Is Trademark Restoration?
Trademark restoration is a legal remedy available when a registered trademark has been removed from the register because the renewal fee was not paid.
It provides the proprietor with one final opportunity to recover the registration.
An application for restoration and renewal must be filed in Form TM-R within one year from the expiry of the previous registration. Under Section 25(4), restoration applies after the first six months following expiry and before the completion of one year.
The application must be accompanied by the prescribed restoration and renewal fees.
Is Trademark Restoration Guaranteed?
No. Trademark restoration is not guaranteed merely because the application and fee have been submitted.
The Registrar must be satisfied that restoring the trademark is just. The interests of third parties who may have applied for or started using similar trademarks during the period of removal may also be considered.
The Registrar may:
- Allow restoration without conditions
- Restore the trademark with conditions or limitations
- Ask for additional information or clarification
- Refuse restoration in appropriate cases
This is why renewal should preferably be completed before the original expiry date rather than relying on restoration.
What Happens When the One-Year Restoration Period Is Missed?
Once one year has passed from the expiry of the last registration, restoration under Section 25(4) is generally no longer available.
The former proprietor may need to file a fresh trademark application. A fresh application will be examined like any new application and may face objections, opposition or conflict with trademarks filed by other parties during the intervening period.
A fresh application also does not automatically provide the same continuity as the earlier registration. Therefore, allowing the restoration period to expire can place valuable brand rights at risk.
What Happens If a Trademark Is Not Renewed?
Failure to renew can lead to removal of the trademark from the register.
This can create several problems:
- The proprietor may lose the benefits attached to registration
- Enforcing infringement rights may become more difficult
- Another person may attempt to register a similar mark
- Business licensing and franchise arrangements may be affected
- The brand’s value during investment, merger or sale discussions may be reduced
- A fresh trademark application may become necessary
Section 27 of the Trade Marks Act provides that an infringement action cannot be instituted on the basis of an unregistered trademark. However, rights relating to passing off may still remain available where the required goodwill, misrepresentation and damage can be proved.
Common Mistakes During Trademark Renewal
Waiting for a Registry Notice
The proprietor remains responsible for tracking the renewal date. Contact details recorded with the Registry may be old, or a notice may not come to the attention of the correct person.
Calculating Validity From the Certificate Date
The renewal date is normally connected to the original application date rather than the date printed as the actual registration or certificate issue date.
Paying the Fee for Only One Class
A multi-class registration requires renewal fees for every class that is to remain protected.
Ignoring Changes in Ownership
When a trademark has been assigned or transferred, the ownership records should be properly reviewed and updated.
Using the Wrong Renewal Category
Normal renewal, late renewal and restoration carry different fees. Selecting the wrong option may result in a deficiency or delay.
Waiting Until the Restoration Stage
Restoration is more expensive and is subject to the Registrar’s satisfaction. It should be treated as a last remedy rather than a regular renewal method.
Frequently Asked Questions
Can a trademark be renewed after ten years?
Yes. A trademark can be renewed for another ten years by filing Form TM-R and paying the prescribed fee. It may be renewed repeatedly for successive ten-year periods.
How early can trademark renewal be filed?
A renewal application may be filed up to one year before the expiry of the current registration.
Can an expired trademark be renewed?
Yes. It may be renewed with a surcharge within six months after expiry. When it has been removed, an application for restoration and renewal may be filed after six months but within one year from expiry.
What is the online government fee for trademark renewal?
The online government fee for normal renewal is ₹9,000 per class for each trademark.
What is the fee for late trademark renewal?
The online government fee for renewal within six months after expiry is ₹13,500 per class, including the surcharge.
What is the government fee for trademark restoration?
The online government fee for restoration and renewal is ₹18,000 per class.
Is a new trademark number issued after renewal?
No. Renewal normally continues the existing registration under the same trademark number.
Is trademark restoration automatic?
No. Restoration is subject to the Registrar’s satisfaction and the interests of other affected persons.
Conclusion
Trademark renewal is essential for keeping a registered brand legally protected. A trademark remains valid for ten years and can be renewed for further periods of ten years without any fixed limit.
The safest approach is to file the renewal application before expiry. Although late renewal and restoration are available, they involve higher fees and greater risk. Missing the one-year restoration period may result in the loss of the registration and the need to file a fresh trademark application.
IPHelm assists businesses, startups and individuals with trademark renewal, late renewal, restoration and other trademark-related services in India. Contact IPHelm to check your trademark renewal date and complete the required filing before your registration expires.
The government fees mentioned above are based on the official fee schedule available in July 2026 and may be revised by the Government in the future.