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Trademark Renewal in India
Keep your brand safe with easy trademark renewal in India. Don’t risk losing your trademark—renew it on time and protect your business identity. Our expert team makes the process fast and stress-free. Act now to stay protected. Contact us today for a quick and simple trademark renewal!
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Trademark Renewal in India: Everything You Need to Know
Your trademark is one of the most valuable assets your business owns. It tells the world who you are, separates your products from competitors, and builds the trust your customers rely on. But here’s the critical detail most entrepreneurs overlook: a registered trademark in India does not protect you forever automatically. It must be actively renewed — or it lapses, leaving your brand dangerously exposed.
Whether you are a first-time startup founder or a seasoned business owner with decades of brand equity, understanding trademark renewal in India is not optional — it is essential. This guide walks you through everything: what renewal is, when to do it, how much it costs, what happens if you miss the deadline, and how experts at SetupFiling.in can make the entire process effortless for you.
What is Trademark Renewal?
Under the Trade Marks Act, 1999, a trademark registration in India is granted for an initial period of ten years from the date of application. Once this period expires, the registration must be renewed to continue enjoying the exclusive legal right to use your mark.
Trademark renewal in India is the formal process of filing an application with the Trade Marks Registry to extend the validity of your existing trademark registration for another ten years. This renewal cycle can be repeated indefinitely — meaning a trademark, if properly maintained, can live and protect your brand forever.
The renewal is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. The application is filed through the official IP India portal managed by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM).
Why Trademark Renewal Matters for Your Business
Many business owners assume that once a trademark is registered, the protection is permanent. This misconception has cost countless Indian entrepreneurs their brand identity — sometimes to competitors who strategically watch for lapsed marks.
Here is why timely trademark renewal in India is non-negotiable:
Key Reasons to Renew On Time
1. Uninterrupted Legal Protection:
Only a registered and renewed trademark gives you the exclusive right to use the mark and the power to legally oppose infringers.
2. Business Continuity:
Banks, investors, and buyers scrutinize IP status during due diligence. A lapsed mark can derail fundraising or M&A deals.
3. Brand Equity Preservation:
Years of goodwill, advertising spend, and customer loyalty are tied to your mark. Letting it lapse can render all that investment vulnerable.
4. Competitive Defence:
A lapsed trademark can be registered by a competitor or a trademark squatter. Recovering it is expensive, uncertain, and time-consuming.
5. Customs Recordal Benefit:
A renewed trademark can be recorded with Indian Customs to block counterfeit goods at the border.
Validity & Renewal Timeline — Know Your Dates
- Initial Registration Period: 10 years from the date of filing the trademark application.
- Renewal Period: Every 10 years thereafter.
| Period | What Happens | Action Required |
|---|---|---|
Within initial 10 years | Trademark is fully registered and protected | Monitor & plan renewal |
6 months before expiry | Renewal window opens — ideal time to file | File TM-R application |
On expiry date | Registration expires if not renewed | File immediately if not done |
Up to 6 months after expiry | Surcharge grace period — mark can still be renewed | File TM-R with surcharge |
After 6 months post-expiry | Trademark removed from Register | File for Restoration (TM-R) |
After 1 year post-removal | Restoration may be refused; re-application needed | Consult our trademark attorney |
The golden rule: file your renewal application at least 6 months before your trademark’s expiry date. The Trade Marks Registry will not send you automatic reminders — it is your responsibility to track this date.
Documents Required for Trademark Renewal in India
One of the biggest advantages of the current online filing system is that the documentation requirements for trademark renewal are minimal. Here is what you typically need:
Checklist of Documents Required
- TM-R Form — the prescribed renewal application form (filed online via IP India portal)
- Trademark Registration Certificate — copy of the original registration (for reference)
- Details of the registered mark — registration number, class(es), and mark description
- Power of Attorney (Form TM-48) — if filing through a trademark agent or attorney
- Identity & address proof of the applicant — for any ownership or address changes to be recorded simultaneously
- Payment challan — proof of government fee payment
Trademark Renewal Fees
| Government Fee (Form TM-R) | ₹9,000/- |
|---|---|
Professional Fee | ₹2,699/- |
GST@18% | ₹486/- |
Total Renewal Fee | ₹12,185/- |
Package Does Not Include:
1. Trademark Attorney Change Fee
2. Late Fee of Renewal
3. Trademark Restoration Charges
4. Please seek personalised quote if ™ Expired.
Restoration of Trademark
There can be times that a person forgets to renew their trademark in the given time period. No worries there is still an option available in such cases. In the case of failure to renew one can then try to restore a trademark. Restoration of a trademark is allowed by the Trademark Act, 1999 under Section25 (4) where it allows persons to apply for the restoration of the trademark.
Restoration can only be done within one year of the expiry of the registered trademark. Restoration of a trademark includes an additional fee over the renewal fee of:
- 10,000 rupees if done by a person physically,
- or an additional 9000 rupees if done online
If your trademark covers multiple classes, a separate renewal application and fee is required for each class. This is an important distinction — bundling all classes in one payment is not permitted under the current rules.
Trademark Renewal Process in India
The renewal process in India is entirely online through the IP India e-filing portal. Here is how it works in practice:
1. Verify Your Trademark Details
Log into the IP India trademark search portal to confirm the current status, expiry date, class(es), and registered owner details of your mark. Ensure all information is accurate before proceeding.
2. Prepare the TM-R Application
Fill out Form TM-R with the correct trademark registration number, applicant details, class number, and period for which renewal is sought. If any details (such as address or owner name) have changed, include the relevant change request simultaneously.
3. Pay the Government Fees
Pay the applicable government fee online via the IP India payment gateway. Keep the payment receipt safely — it serves as proof of timely filing in case of any Registry queries.
4. Submit the Application Online
File the completed TM-R form along with the Power of Attorney (if applicable) on the IP India e-filing portal. Upon successful submission, you receive an acknowledgement with a filing number.
5. Registry Processing & Updated Certificate
The Trade Marks Registry reviews the application. If everything is in order, the trademark register is updated and an updated registration certificate reflecting the new expiry date is issued. No examination or opposition proceedings apply for straightforward renewals.
6. Set the Next Reminder
Once renewed, immediately note the new expiry date (10 years from the previous expiry date, not from the renewal filing date) and set calendar reminders for six months before that date.
Consequences of Not Renewing Your Trademark
Failing to complete trademark renewal in India on time is a serious risk that many business owners underestimate until it is too late. Here is what can happen
Loss of exclusive rights
You can no longer legally enforce the trademark against infringers, even if you have used it for decades.
Third-party registration
Competitors or trademark squatters can register an identical or similar mark once yours lapses.
Expensive litigation
Reclaiming a lapsed trademark through cancellation proceedings or re-registration is far costlier than timely renewal.
Business deal disruptions
Investors, licensees, and acquirers may walk away or renegotiate terms if they discover a lapsed trademark during due diligence.
E-commerce account issues
Platforms like Amazon, Flipkart, and Meesho require valid trademark registration for brand protection programs — a lapsed mark disqualifies you.
Loss of customs recordal
Your ability to block counterfeit goods at Indian ports of entry depends on a valid registration.
Restoration of a Removed Trademark
If your trademark has already been removed from the Register due to non-renewal, all is not necessarily lost — but the process is significantly more complex, uncertain, and expensive than simple renewal.
How Restoration Works
An application for restoration can be filed within one year from the date of removal from the Register. The application is again made using Form TM-R, accompanied by a restoration fee (approximately double the normal renewal fee) and a detailed explanation of why the renewal was not completed in time.
The Registrar has the discretion to allow or refuse restoration based on the reasons provided. There is no guarantee of success. Additionally, during the period when the mark is off the Register, you cannot take legal action against infringers — a significant window of vulnerability.
After One Year: Re-Application
If one year has passed since removal, restoration is generally not possible. In such cases, you must file an entirely fresh trademark application — which means going through the full examination and publication process again, including the risk of new oppositions from third parties who may have filed similar marks in the interim.
Frequently Asked Questions
Can I renew a trademark that is still in the application stage (not yet registered)?
No. Only a registered trademark (with a valid registration certificate) can be renewed. A pending application that has not yet proceeded to registration does not qualify for renewal — it must complete the registration process first.
Does the trademark have to be in use to be renewed?
There is no mandatory requirement to prove use at the time of renewal in India (unlike in some other countries). However, a trademark that has not been used for five or more continuous years can be challenged for cancellation on grounds of non-use by a third party under Section 47 of the Trade Marks Act, 1999.
What if the trademark owner has changed since original registration?
If ownership has transferred through assignment or the company has undergone restructuring, the new owner’s name must be recorded with the Registry (via Form TM-P) before or simultaneously with the renewal filing. Renewing in an incorrect name can create legal complications.
Can renewal be done for some classes and not others?
Yes. If a multi-class trademark registration covers, say, three classes, you may renew for only selected classes if certain class registrations are no longer needed. Each class is treated independently for renewal purposes.
How long does the renewal process take?
Once the application is filed and fees are paid online, the filing acknowledgement is received immediately. The updating of the trademark register and issuance of the renewed certificate can take anywhere from a few weeks to a few months, depending on Registry processing times.
Is trademark renewal in India different from renewal in other countries?
Yes. Each country has its own rules. In India, renewal is every 10 years. In the US (USPTO), it is every 10 years but with mandatory declarations of use every 5 years. If you have international trademark registrations (via the Madrid Protocol), each territory’s rules apply independently.