A trademark registered in India is valid for 10 years — then it must be renewed. Renewal via Form TM-R extends protection for another decade, and can be repeated indefinitely. Miss the deadline and you risk losing exclusive rights to your brand permanently.
Under Section 25 of the Trade Marks Act, 1999, every registered trademark in India has a fixed validity of 10 years from the date on which the original application was filed — not the date of registration or grant. Once this 10-year term expires, the trademark must be renewed to continue enjoying the legal protections it provides.
Trademark renewal is filed using Form TM-R with the IP India Trade Marks Registry. The application can be filed online through the official IP India portal (ipindia.gov.in) and can be submitted up to 1 year before the expiry date. Unlike the original registration process, renewal does not require re-examination, publication, or opposition proceedings — it is an administrative filing that is generally straightforward when done on time.
Crucially, the right to renew is perpetual. There is no limit on the number of times a trademark can be renewed under Indian law. Indian brands such as Tata, Godrej, and Amul have maintained continuous trademark protection for over a century through timely renewals, generation after generation. Your trademark can enjoy the same permanent protection as long as renewal deadlines are met.
Every stage of the trademark renewal window has a different cost and complexity. Acting early is always less expensive and less stressful. Here is exactly what happens at each stage:
The earliest you can file Form TM-R is exactly 12 months before your trademark's expiry date. Filing in this window is the most convenient, lowest-risk approach. Standard government fee applies — no surcharges. You receive a Renewal Certificate extending protection for a fresh 10-year term from the date of expiry.
If you miss the expiry date, you still have a 6-month grace period to renew. However, a surcharge equal to the renewal fee is charged in addition to the standard fee — effectively doubling the cost. Form TM-R is still used. The Registry will advertise its intention to remove the trademark from the register before doing so.
After the 6-month grace period, the trademark is removed from the register. Restoration is still possible — but only within this additional 6-month window (i.e., between 6 and 12 months after expiry). Restoration requires both the renewal fee and a separate restoration fee. The Registrar has discretion to allow or refuse the application and may impose additional conditions.
Once 1 year has passed since expiry and no restoration application was filed, the trademark is permanently abandoned. There is no further remedy under the Trade Marks Act — no restoration, no reinstatement. The only option is to file a completely new trademark application, go through the full examination and publication process, and face the risk of opposition from competing marks that may have been filed during the gap.
Fees are prescribed under the First Schedule of the Trade Marks Rules, 2017, and are charged per class. If your trademark is registered in multiple classes, the applicable fee applies to each class separately.
Trademark renewal is one of the most straightforward filings in the IP India system. The documentation requirement is minimal compared to the original registration — which is one reason why professional assistance ensures smooth, error-free submission.
The official renewal application form prescribed under the Trade Marks Rules, 2017. The form specifies whether you are renewing the trademark without changes, with alterations, or filing for restoration of a removed trademark. Filed online via the IP India e-filing portal (ipindia.gov.in). Must be signed by the registered proprietor or authorised trademark agent.
A copy of the original Trademark Registration Certificate issued by the Registry confirming your trademark number, the mark, the registered owner details, the class and specification of goods or services, and the current expiry date. This is the primary reference document for identifying which registration is being renewed.
Mandatory if the renewal is being filed by a trademark attorney, agent, or any person other than the registered proprietor. Form TM-48 authorises the attorney or agent to act on behalf of the trademark owner before the Registrar. It must be executed and signed before the application is submitted to the Registry.
For individuals: PAN card, Aadhaar card, or passport. For companies and LLPs: Certificate of Incorporation. For partnership firms: Partnership Deed and partners' identity documents. The applicant's address must match the details on the existing trademark registration to avoid delays or discrepancies in the renewal process.
Proof of payment of the prescribed government renewal fee at the time of e-filing. Online payments made through the IP India portal generate an instant challan and acknowledgement receipt. This serves as documentary proof that the renewal fee has been paid and initiates the Registry's processing of the application.
Required only if filing for restoration after the trademark has been removed from the register. An affidavit supporting the statement of case must be submitted in Form TM-R explaining valid reasons for the delay in renewal — such as illness, natural disaster, or administrative oversight. The Registrar uses this to exercise discretion on whether to allow restoration.
The renewal process is streamlined and entirely online. When filed on time with correct details, it is one of the simplest IP filings in India — no examination report, no journal publication wait, no opposition proceedings.
Confirm the exact expiry date of your trademark. Your trademark expires exactly 10 years from the date the original application was filed — not from the date the registration certificate was issued. You can verify the expiry date by searching your trademark number on the IP India Public Search portal (tmrsearch.ipindia.gov.in/tmrpublicsearch/). Note whether your trademark is registered in one class or multiple classes, as fees apply per class.
Collect your trademark registration certificate, identity and address proof, and Form TM-48 (if filing through an attorney). Verify all key details — trademark number, registered proprietor name and address, class and specification of goods or services — to ensure accuracy before filing. Any discrepancy between the renewal application and the original registration details can cause delays or rejection of the application.
Log in to the IP India e-filing portal (ipindia.gov.in) and file Form TM-R. The form requires your trademark number, proprietor details, the class(es) being renewed, and agent information if applicable. Upload Form TM-48 and any supporting documents. Select whether you are filing a standard renewal, a late renewal with surcharge, or a restoration application, and pay the applicable government fee digitally.
Upon successful submission and payment, the IP India e-filing portal generates an instant acknowledgement receipt containing your application number and filing date. This receipt is your confirmation that the renewal application has been filed with the Registry. Keep this document safely — it serves as evidence of filing date and can be used to confirm timely renewal if any dispute arises later.
The Trademark Registry conducts an administrative review of the Form TM-R submission to verify accuracy — checking that the trademark number, proprietor details, class, and fee payment are correct. This is not a substantive examination like the original registration process. If any discrepancy or issue is identified, the Registry may issue a notice requiring clarification or correction within a prescribed period.
Once the renewal is approved by the Registry, the renewed trademark is published in the official Trademark Journal. This publication serves as public notice that the trademark has been renewed and its protection extended for a fresh 10-year term. It also restarts the trademark's validity period from the date of expiry of the previous registration — not from the filing date of the renewal application.
The final step is issuance of the Trademark Renewal Certificate by the Registrar. This digitally signed certificate confirms the renewed trademark registration, the fresh 10-year validity period, and the class of goods or services covered. It constitutes legal proof of the trademark's continued registration and is the document to be retained along with the original registration certificate in your IP portfolio records.
Failing to renew a trademark on time is not just an administrative issue — it can undo years of brand-building investment and create serious legal and commercial vulnerabilities. These consequences apply from the moment the grace period expires.
Once the grace period expires without renewal, the Registrar is legally required to remove the trademark from the official Register of Trade Marks. After removal, the mark loses all statutory protection under the Trade Marks Act, 1999. The Registrar publishes notice of the impending removal in the Trademark Journal before taking this action.
A removed trademark no longer confers exclusive rights on the owner. Competitors can legally begin using the same or similar brand name or logo in the same class of goods or services without infringing any registered trademark. The ® symbol can no longer be legitimately used alongside the mark.
Once removed from the register and past the restoration deadline, the trademark becomes open for third-party registration. A competitor can file an application for the identical or similar mark — and if the Registry approves it, they gain the full legal rights that were formerly yours. Challenging this new registration would require expensive litigation.
A registered trademark is a recognised intangible asset on a company's balance sheet. Loss of trademark registration directly reduces the company's IP asset value, weakens its position in licensing and franchise agreements, and can affect investor perception and business valuation — particularly for brands undergoing M&A due diligence.
Without a valid trademark registration, legal action for trademark infringement under the Trade Marks Act, 1999 is unavailable. The owner can only rely on the significantly weaker common law remedy of passing off, which requires proving reputation, misrepresentation, and actual damage — a much higher and costlier legal burden than statutory infringement.
Even within the 6 to 12-month restoration window, the Registrar has full discretion to allow or refuse the application. A restoration application is not automatically granted — valid reasons for the delay must be presented. If refused, the only remedy is re-filing a fresh trademark application, which restarts the entire registration process from the beginning with no guarantee of approval.
Renewal maintains your exclusive right to use the trademark for the goods and services in the registered class, preventing any competitor from legally using an identical or similar mark in the same market.
Only a registered trademark owner can file an infringement suit under the Trade Marks Act. Renewal keeps this statutory right active — allowing you to seek injunctions, damages, and account of profits in court against any party using your brand without authorisation.
A renewed trademark retains its status as a recognised intangible asset on the balance sheet. It supports brand valuation exercises, strengthens licensing negotiations, and contributes to the company's overall IP portfolio value in investor and M&A contexts.
Only a currently registered trademark owner is legally entitled to use the ® symbol. Renewal ensures you continue to signal registered trademark status to consumers and competitors — a deterrent against imitation and a mark of brand authenticity in the market.
An active, renewed trademark gives you the clearest standing to oppose applications for conflicting marks at the IP India Registry. A lapsed trademark weakens your position in opposition proceedings and may affect the outcome of any opposition or infringement dispute.
Trademark rights renewed indefinitely — generation after generation — are how legendary Indian brands like Tata, Godrej, and Amul have maintained continuous legal brand protection for over a century. Renewal is how a trademark becomes a permanent, inalienable part of a company's commercial identity.
Your trademark expires exactly 10 years from the date the original application was filed with the Trade Marks Registry — not from the date the registration certificate was issued. For example, if you filed the application on 15th March 2015 and received the registration certificate on 20th August 2017, your trademark expires on 15th March 2025. This is a common source of confusion that leads to missed renewal deadlines. Always check your application filing date, not the registration certificate date.
There is no limit. Under Section 25(3) of the Trade Marks Act, 1999, a trademark can be renewed an unlimited number of times in 10-year increments. This means your trademark can theoretically enjoy permanent protection as long as renewal fees are paid and deadlines are met. Many historic Indian brands have maintained continuous trademark registration for several decades through successive renewals. Trademark protection is perpetual — it never has to end.
The prescribed government fee for on-time trademark renewal via e-filing (online) is ₹9,000 per class. For physical (offline) filing, the fee is ₹10,000 per class. If filed during the 6-month grace period after expiry, a surcharge of ₹4,500 (online) or ₹5,000 (offline) applies in addition to the standard renewal fee. If restoration is required (6–12 months after expiry), an additional restoration fee equal to the renewal fee applies — making the total ₹18,000 per class online. Fees are per class, so multi-class trademarks incur multiples of these amounts.
The Registry is required to send a notice to the registered proprietor approximately 6 months before the trademark's expiry date. However, this notice is sent to the address on record — if your address has changed or the letter is not received, the obligation to renew remains entirely with the trademark owner. Best practice is not to rely solely on the Registry's notice and instead maintain your own renewal tracking system or engage a trademark service that sends deadline alerts well in advance.
Yes — once a trademark is removed from the register after the restoration deadline has also passed, it becomes available for third-party registration. Any person can file a new trademark application for the same or similar mark. If approved, they would gain the full legal rights of a registered trademark owner that were previously yours. The only defence available to the original owner would be a passing-off action under common law, which requires proving established reputation and damage — a significantly harder case to make than statutory infringement.
Yes — the same Form TM-R process applies regardless of the number of classes. However, the government fee is charged separately for each class. A trademark registered in 3 classes will require a renewal fee of 3 × ₹9,000 = ₹27,000 for on-time online renewal. You must renew separately for each class to maintain protection across all categories. Failing to renew in even one class means that class-specific protection lapses while the other classes remain active.
If the Registrar refuses a restoration application — which can happen if no valid reason for the delay is provided or if the application is filed outside the permitted 6–12 month window — the trademark remains permanently removed from the register. At that point, the only course of action is to file a completely new trademark application for the same mark, pay the full registration fee, and go through the entire registration process including examination, potential objections, Trademark Journal publication, and the 4-month opposition window. There is no appeal mechanism specifically for a refused restoration under ordinary circumstances.
A trademark is your brand's most important legal asset. Renewing it is simpler, faster, and far less expensive than losing it and starting over. Our trademark attorneys will verify your expiry date, prepare Form TM-R, and file your renewal — same day you share the details.