Registration is not the end of the process; it is the start of a ten-year clock. Renewal is simple and cheap compared with everything before it, and it is still the stage where established brands lose their marks, because the date passes unnoticed. This guide gives the timeline, the fees at each point, and the route back if the mark has already been removed.
The ten-year term
Under Section 25 of the Trade Marks Act, 1999, a registration lasts ten years from the date of application and may be renewed for successive ten-year periods without limit. There is no requirement to prove use at renewal, no re-examination and no fresh opposition period. As long as the form and fee are filed in time, renewal is granted.
The renewal timeline
| When | What you can do | Government fee per class (online) |
|---|---|---|
| Up to 12 months before expiry | Renew on Form TM-R | ₹9,000 |
| Expiry date | Registration lapses if not renewed; ® should no longer be used | |
| Up to 6 months after expiry | Renew late, with surcharge | ₹9,000 + ₹4,500 surcharge |
| After 6 months | Registry removes the mark from the register | |
| 6 to 12 months after expiry | Apply for restoration and renewal together | ₹9,000 restoration + ₹9,000 renewal |
| More than 12 months after expiry | Restoration no longer available; fresh application | Filing fee again, full process again |
Physical filing costs about 10% more at each step. The current schedule is on the fees page.
How to find your expiry date
- Open the IP India public search and look up the application number.
- Read the Date of Application in the record. Add ten years.
- Check the Valid Upto field, which the portal shows for registered marks. It should agree.
- If the mark has already been renewed, the record shows the renewal and the new validity date.
Diarise the date twelve months ahead, in a calendar the business controls, not the agent's. Ownership of the deadline is the whole point.
How to renew
- Form TM-R is filed online on the IP India portal by the registered proprietor or an agent with a power of attorney.
- State the registration number and the class. A mark registered in several classes is renewed per class, and classes can be dropped at renewal if no longer needed.
- Pay the fee. The Registry issues a renewal certificate and updates the record; the status stays Registered.
- If the owner's name or address has changed since registration, record the change on Form TM-P first or alongside, or the renewal may be queried.
If the mark has lapsed
Within six months of expiry
File TM-R with the surcharge. The registration is renewed as if on time. Until the renewal is recorded, stop using ® and use ™ instead; the symbols guide explains why.
Six to twelve months after expiry: restoration
The Registry removes the mark and publishes the removal. Under Section 25(4) the proprietor may apply within one year from expiry for restoration, on Form TM-R with the restoration fee plus the renewal fee. The Registrar restores the mark if satisfied it is just to do so, which in practice means the application is in time and the fees are paid. The status on the portal returns to Registered.
After twelve months: a fresh application
Restoration is no longer available. The only route is a new application, with a new filing fee, a new examination, a new opposition period and a new registration date. Prior use of the mark is still a strong position in any objection or opposition, but the years of registration are gone.
What removal means for others
For one year after a mark is removed for non-renewal, the Registrar treats it as if still on the register when examining new applications for similar marks, unless there was no bona fide use in the two years before removal. This protects the former owner briefly. After the year, the name is open, and a competitor's application for it will not be cited against the removed mark.
Renewal and maintenance
For marks we register, the expiry date goes into our diary at filing and we contact you a year before it. For marks registered elsewhere, we check the record, confirm the date and file the renewal or restoration for a fixed professional fee, with the government fee at actuals. Send the registration number on WhatsApp and we will tell you the expiry date and what, if anything, needs doing, at no charge.
Frequently asked questions
How long is a trademark registration valid in India?
Ten years from the date of application, renewable indefinitely for further ten-year periods. Because the term runs from filing, a mark that took two years to register has eight years left when the certificate arrives.
What is the trademark renewal fee in India?
₹9,000 per class for online filing on Form TM-R (₹10,000 physical). Renewal filed in the six months after expiry attracts a surcharge of ₹4,500 per class in addition.
When can I file for trademark renewal?
Any time in the twelve months before the expiry date, without surcharge. The Registry accepts the renewal application from one year before expiry.
What happens if I miss the trademark renewal date?
For six months after expiry you can still renew by paying the surcharge. After that the Registry removes the mark from the register. A removed mark can be restored within one year of expiry by filing for restoration together with renewal and paying both fees.
Can someone else register my trademark if I forget to renew?
Once the mark is removed, yes, though the Registry is required to consider the removed mark for a year after removal when examining similar applications. Your prior use also remains a ground of opposition. Neither is as safe as renewing on time.
Does the Registry send a renewal reminder?
The Act requires the Registrar to send a notice before expiry to the registered address, but it is sent to the address for service on record, often the agent who filed years earlier. Many owners never receive it. Keep your own diary of the expiry date.
Do I need to prove use of the trademark to renew it?
No. Renewal in India requires only the form and the fee. Non-use is a separate ground on which a third party can apply to cancel the registration after five years of non-use.
Information only. This guide explains a legal process in general terms; it is not legal advice and not a solicitation. Wording of statuses is as shown on IP India's public portal at the date above and may change.