Trademark Renewal
A trademark lasts ten years and then renews indefinitely. The only way to lose one you have built a business on is to let the date pass unnoticed — which happens constantly, because nothing reminds you.
Starts at ₹999 + government fee per class
How renewal works
A registered trademark is valid for ten years from the date of application, and may be renewed for successive ten-year periods without limit. Renewal is filed in Form TM-R with the prescribed fee for each class.
The application may be filed at any time within one year before expiry. Filing early costs nothing extra and removes the risk entirely, which is why we recommend it.
If the date passes, the mark can still be renewed within six months of expiry on payment of a surcharge. Beyond that, the mark is liable to be removed from the register, and getting it back requires an application for restoration — which is discretionary, not automatic.
Why not to leave it late
A trademark is the only intellectual property right that can last forever, provided it is renewed and used.
The renewal window opens twelve months before expiry, at no additional cost. There is no reason to wait.
Renewal within six months of expiry remains possible but attracts a surcharge on top of the normal fee.
Once removed, restoration under section 25(4) depends on the Registrar’s satisfaction. It is not a right.
Removed marks appear as available in clearance searches, and competitors do file for them.
You cannot sue for infringement of a registration that has lapsed. You are left with passing off, which is harder to prove.
Documents required
Required
- Registration number and certificate of the mark
- Class or classes in which it is registered
- Details of the registered proprietor as currently recorded
- Power of attorney in Form TM-48
Where circumstances have changed
- Assignment or transmission documents, if ownership has changed
- Proof of the proprietor’s current address, if it has changed
- Evidence of continued use, for a restoration application
Not sure which package fits?
A specialist will map your situation to the right plan in one call.
How we do it
- Status checkDays 1–2
We confirm the expiry date, the classes registered and whether the proprietor details on the register are still accurate.
- Records updateDays 2–7
Where ownership or address has changed and was never recorded, that is corrected first — a renewal in a stale name causes problems later.
- TM-R filedDays 3–7
Renewal filed with the government fee for each class.
- ConfirmationWeeks 2–8
Renewal recorded and the register updated for a further ten years.
- Next cycle diarisedOngoing
We diarise the next renewal date and send reminders well ahead of the window opening.
Transparent pricing
Renewal
₹999
per class, filed before expiry
- Status verification
- TM-R filed
- Register confirmation
- Next-cycle reminders
- Surcharge renewal
- Restoration
Late Renewal
₹2,999
within six months of expiry
- Everything in Renewal
- Surcharge computation and payment
- Priority filing
- Proprietor record correction
- Restoration application
Restoration
₹9,999
mark already removed
- Restoration application under section 25(4)
- Evidence of continued use
- Submissions to the Registrar
- Hearing representation
- Renewal once restored
Professional fees only, exclusive of GST. Government renewal fees are charged per class at actuals, with an additional surcharge where the application is filed after expiry.
What to watch
The ten years run from the application date
Not from registration. Because examination and opposition can take years, a mark registered in 2024 on a 2019 application may be due for renewal much sooner than the proprietor expects. Always check the application date, not the certificate date.
Nobody reliably reminds you
The Registry may issue a notice before expiry, but it goes to the address on record — frequently an agent the proprietor stopped using years ago. Businesses that changed IP counsel, moved office or restructured are the ones that lose marks. Keep the record current and diarise the date yourself.
Renew every class
Renewal fees are per class. A mark registered in three classes needs three fees, and renewing only the class someone happened to notice leaves the others to lapse. This is a common and expensive oversight in multi-class portfolios.
Use it or risk losing it anyway
Renewal keeps the registration alive on the register, but a mark not used for five years and three months from the date of entry remains vulnerable to rectification for non-use. Renewal and use are separate requirements.
Record assignments before renewing
If the business was sold or restructured and the assignment was never recorded, the register still shows the old proprietor. Renewing in a stale name creates a chain-of-title gap that surfaces awkwardly in due diligence. Fix the record first.
Renewal status can be verified on the Trade Marks Registry public search.
Keeping the portfolio healthy
Use the renewal as a portfolio review. Marks you no longer trade under may not be worth renewing; brands you have launched since may not be registered at all. Ten-yearly is a natural point to align the register with the business.
Check that you are using the mark in the form it is registered. Substantially altered logos may not be protected by the original registration, and a fresh application for the current version is often sensible.
If you have expanded into new goods or services since the last cycle, consider additional classes. Protection exists only where you have filed.
Frequently asked questions
How long is a trademark valid?
Ten years from the date of application, renewable for successive ten-year periods without limit. Note that the period runs from the application date, not the registration date.
When can I file the renewal?
At any time within one year before expiry, at no additional cost. Filing early is strongly advisable because nothing reliably reminds you as the date approaches.
What if my trademark has already expired?
It can be renewed within six months of expiry on payment of a surcharge. Beyond that the mark is liable to removal, and recovering it requires a restoration application that is granted at the Registrar’s discretion.
Do I pay per class?
Yes. Renewal fees are charged for each class in which the mark is registered. Renewing only some classes lets the others lapse.
What happens if I do not renew?
The mark is removed from the register. You lose the right to sue for infringement, the mark appears as available in clearance searches, and competitors may apply for it.
Does renewal require proof of use?
No. Renewal is administrative. However, a mark unused for five years and three months from entry on the register remains vulnerable to rectification for non-use regardless of renewal.
Official references
The statutory sources behind this page. We keep our guidance aligned to them — verify anything time-sensitive directly.
- Intellectual Property IndiaTrade marks, patents and designs registers
- Ministry of Corporate AffairsCompanies Act filings, forms and fee schedules
Content on this page is reviewed by a chartered accountant or advocate at LexVerge LLP. It is general guidance, not advice on your specific facts.