How to Renew a Trademark in India: Process, Fees, Timeline and Restoration

Kaustav Chowdhury
Jun 30
3 min read

A registered trademark is a valuable business asset, but the protection it gives is not permanent unless you keep it alive. Knowing how to renew a trademark in India ensures your brand does not lapse and fall open to others. Under Section 25 of the Trade Marks Act, 1999, a registration lasts ten years and can be renewed for further ten-year terms without limit, so renewal is a routine but essential part of brand management.

When a Trademark Must Be Renewed

A trademark registration is valid for ten years from the date of registration, and each renewal extends protection by another ten years from the previous expiry. Under the Trade Marks Rules, 2017, you can file the renewal application as early as one year before the expiry date. The registry usually sends a reminder before expiry, but the legal responsibility to renew on time rests with the proprietor, so brand owners should diarise the renewal date well in advance.

The Renewal Process and Form TM-R

Renewal is done by filing Form TM-R, either by the proprietor or through an authorised agent, on the official IP India e-filing portal. The official e-filing fee is nine thousand rupees per class for an on-time renewal. Because trademarks are registered class by class under the goods and services classification, the fee is multiplied if your mark is registered in more than one class. Once filed and accepted, the renewal is recorded and the mark continues on the register for the next ten years.

If your business has grown into new product or service lines, renewal is a good moment to review whether your existing classes still cover your activities, or whether you need fresh applications. It also pays to understand which marks can be protected in the first place, a point the Delhi High Court illustrated when it held that a descriptive term cannot be monopolised as a trademark.

Missing the Deadline: Grace Period and Surcharge

If you miss the expiry date, the mark is not lost immediately. You have a six-month grace period to renew with a surcharge, during which the mark stays on the register. Renewing within this grace window costs more than an on-time renewal because of the late fee. The practical advice is never to rely on the grace period deliberately, since lapses create uncertainty and can invite third parties to challenge or adopt similar marks.

Restoration After Removal

If the grace period passes without renewal, the trademark can be removed from the register. Even then, all is not lost. Under Section 25(4) of the Trade Marks Act, 1999, a removed mark can be restored and renewed by filing Form TM-R after six months and within one year of the expiry date, on payment of the higher restoration fee. Restoration is discretionary, and the Registrar must consider the interests of any other person affected before allowing it, so timely renewal remains far safer than relying on restoration.

Protecting Your Brand Beyond Renewal

Renewal keeps the registration alive, but enforcement keeps the brand strong. Monitor the market and the register for confusingly similar marks, and act against infringement promptly, since delay can weaken your position. The evolving approach to online enforcement was visible when the Delhi High Court examined the duties of intermediaries in trademark disputes over advertisements. For inventions rather than brands, a different regime applies, and it is worth knowing how to file a patent application in India.

Good record keeping makes renewals painless. Maintain a central register of all your trademarks, with their registration numbers, classes and renewal dates, and assign clear responsibility for tracking them. For businesses with several marks across many classes, the renewal fees and deadlines can add up quickly, so planning the budget and the calendar a year ahead avoids last-minute scrambles and costly surcharges.

It also helps to keep ownership records current. If your company has changed its name, or the mark has been assigned to another entity, update the register so that the renewal is filed by and in the name of the correct proprietor. Mismatched ownership details can complicate both renewal and any future enforcement action you may need to take.

Key Takeaways

A trademark in India is valid for ten years and is renewed by filing Form TM-R under Section 25 of the Trade Marks Act, 1999, with an e-filing fee of nine thousand rupees per class. You can renew up to one year before expiry, and a six-month grace period with a surcharge follows the expiry date. A removed mark can be restored within one year of expiry under Section 25(4), but timely renewal is always the safer course.