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Trademark Validity In India
How Long Does a Trademark Registration Last in India?
A registered trademark in India lasts 10 years and can be renewed every 10 years, for as long as you keep paying the renewal fee. Learn exactly when the 10 years start, when to renew, what a late renewal costs, and secure your brand with SetupFiling.in today.
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Quick answer: A trademark registration in India is valid for 10 years and can be renewed indefinitely for further 10-year periods by filing Form TM-R. Under the Trade Marks Act, 1999, the 10 years are counted from the date you filed the application, not from the date the registration certificate was issued.
Many business owners assume that once a trademark is registered, it is protected forever. In reality, how long a trademark registration lasts in India depends on one simple rule: it is valid for ten years and must be renewed to stay on the register. SetupFiling.in has helped over 50,000 businesses with trademark, GST and MSME filings, and our team can get your trademark application filed within 24 to 48 hours of receiving your documents, so your 10-year clock starts as early as possible.
When Does the 10-Year Trademark Validity Start?
This is the detail most people get wrong. Under Section 23(1) read with Section 25(1) of the Trade Marks Act, 1999, a registered trademark is treated as registered from the date of the application, and the ten-year term runs from that date. In practice, a trademark application often takes 12 to 18 months or longer to proceed through examination, publication and any opposition, so the date printed on your certificate as the "date of application" is the date your renewal clock is counted from.
Example: if your application was filed on 15 March 2026 and the certificate was issued in September 2027, your registration is still valid until 14 March 2036, and your renewal should be planned around that date, not around the certificate date.
You can confirm your exact date by searching your application number on the IP India public search portal and reading the "Date of Application" field.
Trademark Renewal Timeline and Fees in India
A trademark can be renewed an unlimited number of times, as long as each renewal is filed on Form TM-R within the prescribed window. The government fees below are for e-filing, per class.
| When You File | What You File | Govt Fee (E-Filing, Per Class) |
|---|---|---|
| Up to 12 months before expiry | Standard renewal on Form TM-R | ₹9,000 |
| 0 to 6 months after expiry (grace period) | Late renewal on Form TM-R with surcharge | ₹13,500 (₹9,000 + ₹4,500 surcharge) |
| 6 to 12 months after expiry | Restoration and renewal together | ₹18,000 (₹9,000 renewal + ₹9,000 restoration) |
| More than 12 months after expiry | Restoration no longer available; a fresh trademark application is required | Fresh filing fee applies |
Each successful renewal extends the registration for a further 10 years. For help with the filing itself, see our online trademark renewal service and process.
What Happens If You Do Not Renew Your Trademark?
If the renewal is not filed before expiry and the six-month grace period also passes, the Registrar can remove the mark from the register. Once removed, you lose the statutory protection of the registration, and another business can apply to register an identical or similar name. A removed mark can still be restored within one year of expiry, but only by paying a higher fee, and after that window you would need to file a new application from scratch.
Separately, keep in mind that a registered trademark can also be challenged for non-use. If a mark is not actually used in the course of trade for a continuous period of five years and three months after registration, a third party can apply to have it removed on that ground, so a trademark lasts indefinitely only when it is both renewed and genuinely used.
How Long Do Other Intellectual Property Rights Last in India?
| Type of IP | Protection Period | Renewable? |
|---|---|---|
| Trademark | 10 years | Yes, indefinitely in 10-year blocks |
| Patent | 20 years from filing | No, though annual renewal fees are payable |
| Design | 10 years, extendable by 5 years | Once, for a total of 15 years |
| Copyright (literary, artistic works) | Lifetime of the author plus 60 years | No |
Trademarks are the only major form of intellectual property that can be protected for an unlimited time, which is why a registered brand name can become one of the most durable assets a business owns.
Information We Require for Trademark Application Filing
Please Keep the Following Details Ready
- Applicant / Authorised Signatory Name
- Applicant / Authorised Signatory Father's Name
- Applicant / Authorised Signatory Address
- Name of Company (if any)
- MSME Registration Certificate (if any)
- Trademark Logo in JPEG Format (if any)
- List of Products or Services
- Trademark Class
- Company Email ID and Mobile Number
Don't have an MSME certificate yet? You can apply for an MSME registration certificate first to avail reduced government fees on trademark filing.
How to Apply for Trademark Registration
- Place Your OrderClick on "Apply Now for Trademark" and complete the payment of ₹1999 + government fee through our secure Razorpay checkout.
- Submit DocumentsEmail your documents to help@setupfiling.in or WhatsApp them to +91 9818209246.
- Get Filed Documents Within 24–48 HrsOur trademark experts verify your details, conduct an availability search and file your application, sending you the filed acknowledgement copy within 24 to 48 hours, which also fixes the date your 10-year validity is counted from.
Trademark Registration Fees
Our transparent pricing for trademark registration starts at ₹1999 professional fee + ₹4500 government fee for filing under one trademark class, which includes a complete trademark availability search before filing. For a full fee breakdown across applicant categories, see our detailed trademark registration fee structure.
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Frequently Asked Questions on Trademark Validity in India
How long does a trademark registration last in India?
A trademark registration in India is valid for 10 years and can be renewed indefinitely for further periods of 10 years by filing Form TM-R and paying the prescribed renewal fee.
Does the 10-year trademark validity start from the application date or the registration date?
The 10-year term is counted from the date of the trademark application, not from the date the registration certificate is issued, so the actual remaining validity after registration is slightly shorter than 10 years.
How much does trademark renewal cost in India?
The government fee for renewing a trademark through e-filing is ₹9,000 per class. A late renewal within six months after expiry costs ₹13,500 per class, and restoration with renewal between six and twelve months after expiry costs ₹18,000 per class.
When should I apply for trademark renewal?
A Trademark Renewal application on Form TM-R can be filed up to one year before the expiry date. It is safest to file well before expiry to avoid surcharges and the risk of the mark being removed from the register.
What happens if I miss the trademark renewal deadline?
You get a six-month grace period after expiry to renew with a surcharge. If that also passes, the mark can be removed from the register, though it can still be restored within one year of expiry by paying a higher fee.
Can a trademark be renewed forever?
Yes. A registered trademark can be renewed for successive 10-year periods without any upper limit, provided each renewal is filed on time and the mark continues to be used in the course of trade.
Can my trademark be cancelled even if it is still within its 10-year validity?
Yes. A registered trademark can be removed if it has not been used for a continuous period of five years and three months after registration, or if it is successfully challenged on other grounds such as being wrongly registered.
How long does it take to get a trademark registered in India?
Once documents are submitted, SetupFiling.in files the trademark application within 24 to 48 hours. Final registration by the Trademark Registry typically takes 12 to 18 months, depending on objections or oppositions raised during examination.
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