Trademark Renewal Process in India

Building a strong brand takes time, money and consistent effort. Once your trademark is registered, keeping that protection active is equally important. The trademark renewal process allows a registered trademark to continue beyond its initial 10-year registration period.

In India, a registered trademark is generally valid for 10 years and can be renewed for further 10-year periods. Businesses should therefore keep track of their trademark expiry dates and complete renewal within the prescribed period.

Missing the deadline does not always mean that the trademark is permanently lost. However, renewal after expiry can involve an additional surcharge, while a trademark already removed from the Register may require restoration and renewal.

This guide explains the trademark renewal process in India, including the renewal timeline, Form TM-R, government fees, renewal after expiry, restoration, self-filing and common mistakes that businesses should avoid.

What Is Trademark Renewal?

Trademark renewal is the process of extending an existing trademark registration for another period. Section 25 of the Trade Marks Act, 1999 provides for a 10-year registration period and allows the registration to be renewed from time to time.

Renewal is different from applying for a trademark for the first time. During registration, the applicant seeks protection for a mark that has not yet been registered. During renewal, the proprietor maintains an existing registered trademark.

This distinction is important for businesses because a registered brand can become a valuable intellectual property asset. The proprietor should therefore keep track of the registration’s expiry date instead of assuming that protection continues automatically.

A registered trademark can generally be renewed repeatedly for further 10-year periods, subject to the applicable legal requirements and prescribed fees.

If you have not registered your brand yet, you can first understand how trademark registration works in India before considering renewal.

How Long Is a Trademark Valid in India?

A registered trademark in India is generally valid for 10 years. Section 25 of the Trade Marks Act, 1999 provides for renewal for another 10 years from the expiry of the original registration or the last renewal.

There is no fixed maximum number of renewals. A trademark can therefore continue to be renewed repeatedly as long as the proprietor complies with the applicable requirements.

For example, once the initial 10-year registration period approaches its expiry, the proprietor can apply for renewal and extend the registration for another 10-year period.

The same process can be repeated in subsequent 10-year periods.

This is particularly important for established businesses. A brand name may become one of a company’s most valuable intangible assets over time. Allowing its registration to lapse unnecessarily can create avoidable legal and commercial risks.

Do You Need to Renew Your Trademark Every Year?

No. Trademark registration does not have to be renewed every year.

A registered trademark is generally valid for 10 years. Renewal is required when that registration period approaches its expiry and the proprietor wants to continue the registration.

However, businesses should review their trademark portfolio regularly. Checking expiry dates as part of an annual compliance review can help prevent a missed renewal deadline.

For a company with several brands, it is useful to maintain a simple intellectual property register containing each trademark’s registration number, class, proprietor and renewal date.

When Should You Start the Trademark Renewal Process?

Under Rule 57 of the Trade Marks Rules, 2017, an application for renewal can be made in Form TM-R at any time not more than one year before the expiration of the last registration.

This means that businesses do not have to wait until the final weeks before expiry. Starting early gives the proprietor time to check the registration details and complete the filing correctly.

The safest approach is to identify the renewal date well in advance and begin preparing during the permitted renewal window.

What Happens If You Miss the Trademark Renewal Date?

Missing the expiry date does not necessarily mean that the trademark can never be renewed.

Section 25 of the Trade Marks Act and the applicable Rules provide mechanisms for renewal after expiry and restoration in specified circumstances.

Where the required application and surcharge are filed within six months from expiry, the law provides a route for renewal with the applicable surcharge.

If the mark has already been removed from the Register, restoration and renewal may be available within one year from the expiration of the last registration, subject to the statutory requirements and the Registrar’s consideration.

Because the procedure becomes more complicated after expiry, completing the renewal before the registration expires is generally preferable.

Trademark Renewal Process in India: Step-by-Step

The trademark renewal process is easier to manage when the registration details are accurate and the application is filed within the permitted period.

Step 1: Check Your Trademark Registration Details

Start by identifying the trademark registration that needs renewal.

Check the following details:

Trademark registration number
Proprietor’s name
Registered class or classes
Date of registration
Expiry date
Current trademark status

If your business owns several trademarks, check each registration separately. Different registrations may have different expiry dates and classes.

You can use the official IP India trademark search and status system to review relevant trademark information.

Step 2: Verify the Proprietor Details

Before filing the renewal application, check whether the proprietor’s name and other registration details are accurate.

If the business has undergone an assignment, transfer, merger, name change or another relevant change, do not assume that renewal itself will automatically update the trademark record.

Depending on the circumstances, a separate filing may be necessary. Reviewing the record before renewal can therefore help identify issues before the application is filed.

Step 3: Check the Registered Class or Classes

Trademark rights are connected with the goods or services covered by the registration. Therefore, check the class or classes in which your trademark is registered.

If the same brand is registered in several classes, renewal fees generally apply for each class.

Businesses should also distinguish renewal from expansion into a new class. If you have started offering a completely different category of goods or services, simply renewing the existing registration may not provide protection for that new category.

If you are considering protecting a new brand or expanding your trademark portfolio, explore Lawizer’s trademark registration service.

Step 4: Prepare Form TM-R

The prescribed form for trademark renewal is Form TM-R.

Form TM-R covers applications relating to renewal and restoration of trademark registration, including payment of the applicable surcharge where relevant.

The proprietor or authorised person should provide the required information accurately and select the appropriate filing category.

You can review the official Form TM-R issued by IP India before filing.

Step 5: Pay the Applicable Government Fee

The applicable government fee depends on the type of renewal and filing method.

For ordinary renewal under Section 25, the current official fee is:

₹9,000 per class for e-filing.
₹10,000 per class for physical filing.

If the application is being made after expiry, the prescribed surcharge is additional to the renewal fee. Restoration and renewal also involve an additional prescribed fee.

Always check the current IP India trademark fee schedule before making payment because official fees and procedures can be updated.

Step 6: Submit the Renewal Application

After checking the details and paying the applicable fee, submit Form TM-R through the prescribed filing system.

Keep the filing acknowledgement and payment details safely. These records can help demonstrate when the renewal application was filed and can make future compliance easier.

Step 7: Track the Trademark Status

Filing the application is not the same as completing the entire process.

Keep track of the trademark record and any communication from the Trade Marks Registry. If the Registry raises an issue or requires further action, responding appropriately can help prevent unnecessary complications.

The official IP India trademark status system can be used to monitor relevant information.

Once the renewal is processed, maintain the updated records with the company’s intellectual property documents.

Can I Renew My Trademark Myself?

Yes. A trademark proprietor can generally undertake the renewal filing themselves.

For a straightforward renewal where the trademark is active, the proprietor’s details are correct and the application is being filed within the permitted period, self-filing may be practical.

However, professional assistance can be useful where the trademark has expired, has been removed from the Register or involves ownership and record-related complications.

When Should You Consider Professional Assistance?

Professional assistance may be particularly useful when:

The trademark registration has already expired.
The trademark has been removed from the Register.
The matter requires restoration and renewal.
There has been an assignment or ownership change.
The proprietor’s details need to be changed or corrected.
The business owns multiple registrations or classes.
You are unsure which renewal option applies.
There is correspondence or an issue pending before the Trade Marks Registry.

How Much Does It Cost to Renew a Trademark?

Trademark renewal fees are prescribed by the Trade Marks Rules and the applicable official fee schedule.

For a standard renewal under Section 25, the current official fee is:

₹9,000 per class for e-filing
₹10,000 per class for physical filing

These are government fees. If you use a professional service, the service provider may charge a separate professional or facilitation fee.

What If You Renew Your Trademark After Expiry?

If the renewal is filed within six months after expiry, the applicable renewal fee is accompanied by the prescribed surcharge.

The current official fee schedule provides a surcharge of:

₹4,500 per class for e-filing
₹5,000 per class for physical filing

This is in addition to the applicable renewal fee.

Therefore, delaying renewal can increase the overall cost.

What If the Trademark Has Been Removed?

Where restoration and renewal are sought after removal, an additional restoration-related fee applies.

The current fee schedule provides a restoration and renewal fee of ₹9,000 for e-filing or ₹10,000 for physical filing per class, in addition to the applicable renewal fee.

Because fees and filing requirements can change, always verify the amount on the current IP India official fees page before making payment.

How Long Does the Trademark Renewal Process Take?

There is no single guaranteed processing time that applies to every trademark renewal.

The time involved can depend on:

Completeness of the application
Accuracy of the information provided
Payment of the correct fee
Registry processing
Any discrepancy in the records
Whether additional action is required

A straightforward renewal filed within the permitted period is generally less complicated than a matter involving expiry, restoration, ownership changes or other issues.

For this reason, businesses should avoid planning their compliance around a last-minute filing.

The important deadline is the statutory expiry date, not an estimated processing date.

What Happens If You Do Not Renew Your Trademark?

If the prescribed renewal requirements are not completed, the Registrar may remove the trademark from the Register in accordance with Section 25.

The Trade Marks Rules also provide procedures relating to removal and publication of the fact of removal, subject to the applicable statutory provisions.

This is why allowing a registration to lapse can create unnecessary legal and administrative complications.

A business may also have to consider additional fees and restoration procedures if it does not act within the relevant post-expiry period.

Can You Restore an Expired Trademark?

There are different situations to distinguish.

First, a proprietor may seek renewal after expiry within the applicable six-month period by paying the renewal fee and prescribed surcharge.

Second, where the trademark has been removed from the Register for non-payment, Section 25(4) provides for restoration and renewal after six months and within one year from the expiration of the last registration, subject to the statutory conditions.

Rule 60 further provides for an application for restoration and renewal in Form TM-R within one year from the expiration of the registration, along with the prescribed fee.

The Registrar must also consider the interests of other affected persons.

Because restoration involves additional statutory requirements, businesses should not treat it as an equivalent substitute for timely renewal.

Trademark Renewal vs Trademark Registration

Renewal and registration are related but different legal processes.

Trademark registration: The initial process of seeking registration of a brand name, logo, symbol or another eligible mark.
Trademark renewal: The process of extending an existing registered trademark for another 10-year period.
Trademark restoration: A mechanism that may apply when a trademark has been removed from the Register for failure to renew within the applicable period.

If you are researching the initial registration stage, Lawizer’s trademark registration guide for founders explains the broader registration journey.

Common Mistakes to Avoid During Trademark Renewal

1. Assuming Renewal Is Annual

A registered trademark generally has a 10-year term.

However, businesses should still review their trademark portfolio regularly so that expiry dates are not forgotten.

2. Waiting Until After Expiry

Post-expiry renewal can involve an additional surcharge.

Waiting longer can also create restoration issues. Early action is therefore preferable.

3. Checking Only the Brand Name

Do not rely only on the spelling of the brand.

Check the registration number, proprietor, class and other relevant particulars before filing.

4. Ignoring Multiple Classes

If your brand is registered in multiple classes, make sure the renewal covers the registrations that actually require renewal.

Fees may apply separately to each class.

5. Assuming Renewal Updates Ownership

Renewal does not automatically resolve every ownership or record-related issue.

If there has been an assignment or another change, the appropriate separate procedure may need to be followed.

6. Forgetting to Maintain Records

Keep the filing acknowledgement, payment details and updated trademark records together.

This makes future renewals easier to manage.

Trademark Renewal Checklist for Indian Businesses

Before starting the renewal, check the following:

Trademark registration number
Expiry date
Proprietor’s name and details
Registered class or classes
Current trademark status
Any pending ownership or record changes
Whether the renewal is being filed before or after expiry
Correct Form TM-R
Current government fee
Filing acknowledgement
Payment receipt
Application status

Once the renewal is completed, record the next renewal date in your business compliance calendar.

Why Timely Trademark Renewal Matters for Founders

A trademark is more than a registration number.

For many businesses, it represents the name customers recognise, the reputation the company has built and the goodwill associated with its products or services.

Keeping the registration active helps preserve the statutory rights associated with the registered mark.

Section 28 of the Trade Marks Act provides, subject to the Act and applicable conditions, that registration gives the registered proprietor exclusive rights to use the trademark in relation to the registered goods or services and to seek relief for infringement.

That makes trademark renewal an important part of long-term brand management.

Founders should therefore treat trademark expiry dates as part of their intellectual property compliance calendar rather than as a task to remember only once every decade.

Frequently Asked Questions About Trademark Renewal

Can I renew my trademark myself?

Yes. A proprietor can file the renewal application themselves.

The process generally involves checking the registration, completing Form TM-R and paying the applicable government fee.

Professional assistance may be useful for expired registrations, restoration or complicated record issues.

How much does it cost to renew a trademark?

The current official fee for ordinary renewal is ₹9,000 per class for e-filing and ₹10,000 per class for physical filing.

Additional surcharge or restoration fees may apply where renewal is delayed or restoration is required.

How long does it take to renew a trademark?

There is no single guaranteed processing period for every case.

A straightforward application may be simpler to process than a matter involving expiry, restoration, ownership changes or other issues.

Businesses should therefore file well before the deadline.

Do I need to renew my trademark every year?

No.

A registered trademark is generally valid for 10 years and can be renewed for further 10-year periods.

Businesses should nevertheless monitor their portfolio regularly so that the renewal date is not missed.

What happens if I miss my trademark renewal date?

If the renewal deadline is missed, the law provides a limited post-expiry route involving the renewal fee and prescribed surcharge.

If the mark has been removed from the Register, restoration and renewal may be available within the statutory period, subject to the applicable requirements.

Can I renew my trademark after it expires?

Yes, in specified circumstances.

Section 25 and Rule 59 provide a route for renewal with surcharge where the required application is made within six months from expiry.

If the mark has been removed, restoration and renewal may be sought within one year from expiry under the applicable provisions.

How early can I renew my trademark?

Under Rule 57 of the Trade Marks Rules, 2017, an application for renewal may be made at any time not more than one year before the expiration of the last registration.

Which form is used for trademark renewal?

Trademark renewal is filed using Form TM-R.

The form also covers renewal after expiry and restoration and renewal, depending on the circumstances.

If you are managing your brand’s wider legal protection, these Lawizer resources may also help:

Keep Your Brand Protection Active

The trademark renewal process is a recurring legal requirement that should not be overlooked simply because the renewal date may be many years apart.

For most businesses, the safest approach is simple: know your expiry date, verify your registration details, file the appropriate Form TM-R, pay the correct fee and keep the renewal records safely.

If your trademark has already expired, has been removed from the Register or has complicated ownership or record issues, the appropriate procedure may be different.

In such cases, getting professional guidance can help you understand the available options.

Need help with your trademark renewal? Lawizer can assist businesses with trademark-related legal processes and help you understand the appropriate next step for maintaining your brand protection.

Explore Lawizer’s trademark services or visit Lawizer to explore legal services for startups and growing businesses.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. Trademark fees, forms, procedures and Registry requirements may change. Always verify the latest requirements and fees on the official IP India website before filing.