Trademark Renewal in India: Deadlines, Form TM-R and Restoration
A registered trademark lasts 10 years and must be renewed with Form TM-R. The renewal window, 6-month grace period, restoration after removal and fees.
Trademark renewal in India extends an existing registration for successive 10-year terms under Sec. 25 Trade Marks Act, 1999. File Form TM-R during the year before expiry, or within six months afterwards with a surcharge. If the registration is removed for non-payment, restoration and renewal must be sought after six months but within one year from expiry, not removal. Restoration is discretionary, so filing before expiry is safest.
When does a trademark expire, and when should you renew it?
An Indian trademark registration ordinarily runs for 10 years from the application date, with renewal available indefinitely for further 10-year periods.
Under Sec. 23(1) Trade Marks Act, 1999, registration ordinarily takes effect from the application date. Do not calculate expiry simply by adding 10 years to the date the registration certificate was issued.
Sec. 25(1) and Sec. 25(2) Trade Marks Act, 1999 govern the registration term and subsequent renewals. Rule 57 Trade Marks Rules, 2017 permits filing Form TM-R during the year before expiry.
| Stage | Filing period | Requirement |
|---|---|---|
| Ordinary renewal | During the year before expiry | TM-R and renewal fee |
| Late renewal | Within six months after expiry | TM-R, renewal fee and surcharge |
| Removal exposure | After the late-renewal period | Registration may be removed for non-payment, subject to statutory procedure |
| Restoration and renewal | After six months but within one year from expiry | TM-R, restoration and renewal fees, and the Registrar’s approval |
The crucial correction is that the restoration deadline runs from expiry, not from the date of removal. A delayed register update does not give the proprietor another year.
Does the Registry send a renewal reminder?
The Registry must follow the prescribed notice procedure, but owners should maintain their own deadline calendar.
The current notice is Form RG-3 under Rule 58 Trade Marks Rules, 2017, rather than the older Form O-3. Sec. 25(3) Trade Marks Act, 1999 addresses notice, removal for non-payment and the six-month surcharge window.
Keep the address for service and representative details current. Notices can be missed when businesses relocate or agents change.
If a mark appears as removed and notice compliance is doubtful, obtain case-specific advice promptly. Do not assume that a missing reminder automatically extends the ordinary filing deadline.
What are the government fees for trademark renewal in India?
For FY 2025-26, the ordinary renewal fee is ₹9,000 for electronic filing or ₹10,000 for physical filing, per class.
Unlike fresh trademark application fees, renewal fees do not have a lower category for individuals, startups or small enterprises. Udyam registration or DPIIT recognition does not reduce the TM-R renewal fee.
The First Schedule to the Trade Marks Rules, 2017 prescribes these amounts:
| Filing requirement, per class | Electronic filing | Physical filing |
|---|---|---|
| Ordinary renewal | ₹9,000 | ₹10,000 |
| Late-renewal surcharge, additional to renewal fee | ₹4,500 | ₹5,000 |
| Total renewal within six months after expiry | ₹13,500 | ₹15,000 |
| Restoration fee, additional to renewal fee | ₹9,000 | ₹10,000 |
| Total restoration and renewal | ₹18,000 | ₹20,000 |
These are government fees, not professional charges. Multi-class registrations require class-wise budgeting, and separate registrations require separate attention. Verify the applicable schedule when filing, particularly for deadlines falling after FY 2025-26.
Which documents and details are needed?
A routine renewal needs accurate registration and proprietor details, with additional authority or ownership documents where relevant.
Prepare:
- Registration number, certificate and current online status.
- Expiry date, registered classes and goods or services.
- Proprietor’s name, address and contact details.
- Signed agent authorisation or power of attorney, where applicable.
- Assignment, succession or name-change documents if the register needs updating.
- Identity or entity documents reasonably required to verify the applicant.
Do not assume that the legacy TM-48 label identifies the current prescribed authorisation requirement. The filing professional should check the applicable authorisation procedure.
Udyam and DPIIT certificates are not needed to claim a renewal discount because no such discount applies. Routine renewal also does not ordinarily require evidence of use, although renewal does not protect an unused mark against a separate non-use challenge.
How do you file Form TM-R correctly?
Check the register, resolve material discrepancies, submit TM-R with the correct fee, and confirm that renewal is recorded.
- Check the IP India record. Verify the application number, proprietor, classes, status and expiry date.
- Review ownership. Identify unrecorded assignments, succession or changes in the legal entity.
- Prepare TM-R. Select renewal, late renewal or restoration and renewal, as applicable.
- Pay and preserve evidence. Retain the filed form, acknowledgement and payment receipt.
- Track completion. Monitor communications, the updated register and Trade Marks Journal publication.
Renewal is normally administrative, not a fresh substantive examination or opposition process. Nevertheless, an incorrect applicant, unpaid fee or unresolved filing defect can require follow-up. A payment receipt alone should not replace checking the final register entry.
What does a delayed renewal cost in practice?
For one electronically filed class, missing the deadline increases the government outlay from ₹9,000 to ₹13,500, or potentially ₹18,000 for restoration and renewal.
Consider a Bengaluru bakery whose logo application was filed in November 2016 and subsequently registered. Its first 10-year term ordinarily expires in November 2026, based on the application date.
Using the FY 2025-26 fee schedule:
| Bakery’s filing date | Position | Government cost |
|---|---|---|
| May 2026 | Within the advance renewal window | ₹9,000 |
| March 2027 | Within six months after expiry | ₹9,000 + ₹4,500 = ₹13,500 |
| August 2027 | Beyond six months but within one year from expiry; restoration route if removed | ₹9,000 + ₹9,000 = ₹18,000 |
The delay therefore adds ₹4,500 or ₹9,000 in government fees alone. Professional fees and any separate ownership-recordal costs are excluded. Actual future filing fees must be checked then.
For August 2027, inspect the register rather than assuming removal happened automatically. Restoration requires the Registrar to be satisfied under Sec. 25(4) Trade Marks Act, 1999.
A competitor might file a similar mark meanwhile, but removal does not automatically clear the way. Sec. 26 Trade Marks Act, 1999 preserves specified effects of the removed mark for certain later applications.
Should ownership or address changes be recorded before renewal?
Yes, material discrepancies should be addressed promptly, without allowing the renewal deadline to lapse.
Moving from a proprietorship to a private limited company changes the legal owner unless the relevant rights have already been transferred appropriately. Incorporation alone does not transfer the trademark.
Record an assignment or transmission through the applicable Form TM-P procedure under Sec. 45 Trade Marks Act, 1999. A simple name or address change is different from transferring ownership and requires the appropriate recordal.
Ideally, regularise the register before renewal. If expiry is close, coordinate the filings rather than waiting indefinitely. An inaccurate ownership trail can complicate licensing, enforcement, investment due diligence and business sales.
How SP & SC helps
SP & SC Legal and Taxation Services, Bengaluru, helps proprietors verify deadlines, review ownership records and prepare renewal or restoration filings.
We also coordinate assignments and related documentation through our business contracts service. For related guidance, see trademark registration and trademark objection replies.
Our fees are a fixed quote after reviewing the case, with the scope and government charges identified before work starts. Contact SP & SC or WhatsApp +91 90356 74566 with your registration number and documents.
Frequently asked questions
How long is a trademark valid in India?
Ordinarily, 10 years from the application date, renewable indefinitely for successive 10-year terms.
Can I renew after the registration expires?
Yes. Apply within six months after expiry with the renewal fee and surcharge. Beyond that, restoration may be available within one year from expiry.
Is restoration guaranteed?
No. Restoration under Sec. 25(4) Trade Marks Act, 1999 is subject to the Registrar’s satisfaction and may involve conditions.
Does renewal require fresh examination?
Ordinary renewal does not repeat the original substantive examination. Filing defects and ownership discrepancies may still require resolution.
Can I change the logo during renewal?
Renewal itself does not change the mark. A materially changed logo normally needs a fresh application. Limited alterations that do not substantially affect identity may be considered separately under Sec. 59 Trade Marks Act, 1999.
Written by
SP & SC Editorial
Editorial team at SP & SC Legal and Taxation Services — practising advocates, chartered accountants, and company secretaries publishing hands-on guidance from live client files.
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