Renewing your trademark registration

Law

Section 25, Trade Marks Act 1999

Form

TM-R

Validity

10 years from date of application

Late window

6 months with surcharge

How long a trademark registration lasts

Under Section 23 the date of registration is the date of the application, so the ten-year term runs from the filing date, not from the date you received the certificate. Many owners miss this: an application filed in 2016 and registered in 2018 expires in 2026, not 2028.

Each renewal adds ten years from the expiry of the previous term. There is no limit on the number of renewals, so a mark that is used and renewed can last for generations. Renewal is the cheapest form of brand protection you will ever buy; losing an old registration means losing its priority date, which no new application can recover.

Renewal windows and what each costs you

The Registry may send a notice before expiry to the address on record, but owners should not depend on it. Addresses and emails on old registrations are often outdated.

How renewal is filed

1. Check the register: confirm the expiry date, the current proprietor name and address, and the agent on record.
2. Update records first if needed: if the company name changed, or the mark was sold, the change should be recorded before or with renewal so that the renewal is in the right name.
3. File Form TM-R online with the fee for each class. One form can cover a single registration in multiple classes, with fees calculated per class.
4. Track the status until the register shows the renewed validity and the renewal certificate is available.

Renewal does not involve a fresh examination of the mark. The Registry does not ask whether the mark is distinctive again; it simply extends the registration if the form and fee are in order.

Renewal fees

The official fee for Form TM-R is charged per class. As on date it is ₹9,000 per class for e-filing, and higher for physical filing. Unlike a new application, there is no reduced renewal fee for individuals, startups or small enterprises. Renewal after expiry attracts an additional surcharge per class (about ₹4,500 for e-filing as on date), and restoration involves a further fee. Professional fees are quoted separately and depend on whether records need updating first.

To estimate the cost, multiply the per-class fee by the number of classes in the registration, and add the surcharge per class if you are past the expiry date. A registration in three classes renewed on time costs three times the per-class fee; the same registration renewed four months late costs that amount plus three surcharges. Filing early in the six-month window costs nothing extra, because the new term still runs from the original expiry date, not from the date you file.

Renewal is filed online on the Registry's portal and the fee is paid electronically, so the process can be completed from anywhere in India without visiting a Trade Marks office.

Restoring a removed trademark

If a mark is not renewed within six months after expiry, the Registrar may remove it from the register. Section 25(4) and the Rules allow the Registrar to restore it and renew it if an application is made in Form TM-R, with the restoration fee and surcharge, after six months but within one year from expiry of the last registration, if the Registrar is satisfied that it is just to do so.

Restoration is not automatic. If a third party has in the meantime filed a similar mark, the Registrar may impose conditions, and the removed mark loses the protection it would otherwise have had during the gap. Owners who discover a lapse should act immediately, with an explanation of why renewal was missed.

Note also that under Section 26, for one year after removal for non-renewal the mark is generally still treated as being on the register when later applications for similar marks are examined, which gives some protection against an immediate copycat filing.

Use renewal as a brand health check

Renewal is a good time to review the portfolio. Is the mark still used, and in the registered form? A mark not used for five years is open to removal on an application by a third party under Section 47, which we cover on the trademark rectification page. Has the logo changed so much that a new filing is needed? Are new product lines outside the registered classes? If the business has been sold or restructured, record the assignment so that the renewed registration stands in the correct name. If you have new brands or logos, file them through trademark registration.

Common renewal problems and how they are fixed

• Proprietor name mismatch: the company changed its name or converted from a partnership or LLP, but the register still shows the old name. A request to record the change is filed first.
• Death of a proprietor: the heirs or the successor business must record the transmission with proof of title, such as a will, succession certificate or family settlement, before or along with renewal.
• Dissolved firm or struck-off company: the question of who now owns the mark must be settled; a company struck off by the ROC may first need to be restored.
• Agent no longer reachable: a new Form TM-48 appointing a new agent can be filed; the owner does not need the old agent's consent.
• Old registrations under the 1958 Act: these were granted for shorter terms; once renewed under the 1999 Act, renewals run for ten years each.
• Multiple classes: each class in a registration attracts its own fee, so check which classes are still commercially relevant before renewing.

We keep a renewal diary for every mark we file or renew, and recommend that businesses maintain a simple register of their marks, numbers, classes and expiry dates alongside their other statutory records.

Documents you need

For renewal we usually need:

• Trademark registration number or a copy of the certificate
• Current name and address of the proprietor
• Signed Form TM-48 if we are not the agent on record
• Proof of change of name or address, if the records are outdated
• Assignment deed, if the mark has changed hands
• Digital signature or authorisation for filing on the portal

How we handle it for you

1. Register check

   We confirm expiry date, proprietor, classes and agent details on the online register.

2. Record update

   Any change of name, address or ownership is filed first so renewal is in the correct name.

3. TM-R filing

   Form TM-R filed online with the per-class fee and acknowledgment shared at once.

4. Confirmation

   We track the register until the new validity date appears.

5. Reminder diary

   The next renewal date is diarised, with reminders well before the window opens.

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Frequently asked questions