Trademark Renewal

A registered trademark is valid for 10 years and must be renewed under Section 25 of the Trade Marks Act, 1999 by filing Form TM-R with the Trade Marks Registry to keep brand protection alive. Renewal can be filed up to one year before expiry (Rule 57). It can be repeated indefinitely in 10-year cycles — there is no limit on the number of renewals.

Validity runs for 10 years from the date of the application — under Section 23, registration is deemed to take effect from the application date, not the grant date. So the renewal due date is calculated from your original filing date. The Registrar also issues a courtesy reminder around six months before expiry (Rule 63), but the onus to renew on time is on the proprietor.

The renewal government fee is a flat ₹9,000 per class on e-filing (₹10,000 physical) for every applicant. Unlike a new application, there is no 50% concession for Individuals, MSMEs or DPIIT startups on renewal — the concession applies only to new applications (Form TM-A). The fee is the same regardless of entity type; it depends only on the timing of the renewal.

Yes. Under Section 25(3) (read with Rule 57), a trademark can be renewed within a 6-month grace period after expiry on payment of the renewal fee plus a surcharge — ₹9,000 + ₹4,500 surcharge = ₹13,500 per class (e-filing). Filing within the grace period keeps the registration continuous without the need for restoration.

If the grace period lapses, the mark can still be restored within one year from the date of expiry under Section 25(4) (Rule 60) — i.e. between 6 and 12 months after expiry. Restoration costs the ₹9,000 renewal fee + ₹9,000 restoration fee = ₹18,000 per class (e-filing). After restoration the mark continues for another 10 years from the date of expiry of the last registration.

If the trademark is not restored within 12 months from the date of expiry, the registration cannot be revived. The only remedy is to file a fresh trademark application — you lose your original priority date, and third parties may have registered similar marks in the interim. This is why timely renewal (ideally before expiry) is the single most important act of brand protection.

Renewal is straightforward: you need the trademark registration certificate (or registration number), the applicant’s identity proof, and a Power of Attorney (Form TM-48) authorising our attorney to file Form TM-R on your behalf. No fresh examination of the mark is involved, so extensive evidence is not required for a routine renewal.

No. Renewal is a fee-driven process — the Registrar does not re-examine the mark for distinctiveness under Sections 9/11, nor re-publish it in the Trade Marks Journal. Once Form TM-R and the prescribed fee are accepted, the renewal is simply recorded on the Register for another 10 years. This makes renewal far simpler and faster than the original registration.

There are two paths. Renewal without alterations is a simple extension — mark, class and specification stay unchanged (the common path). Renewal with alterations couples renewal with minor changes to the mark or specification; it requires additional formalities and may attract scrutiny from the Registrar. We advise on which path fits your situation so the renewal is not delayed.

While renewal is administratively simpler than registration, an attorney ensures the correct class count and fee are paid, the deadline window is met, and the filing is free of defects that could delay recording. We confirm your renewal timing, prepare Form TM-48 and Form TM-R, file on the IP India portal, and track status until the renewal is recorded — with proactive reminders so you never miss the window.