A registered trademark is one of the most durable IP rights a business can hold — but only if it is renewed on time. This guide explains how trademark renewal works in India, the usual legal route, and the practical points to check before a deadline.
Why this matters
A lapsed trademark can be removed from the Register, exposing your brand to third parties and disrupting enforcement. Renewal keeps the right alive and your brand protected without re-establishing it from scratch.
The relevant legal provision
Under Section 25 of the Trade Marks Act, 1999, a registered trademark is valid for 10 years from the date of application and may be renewed for successive periods of 10 years. Renewal is filed in Form TM-R.
Timeline
- Before expiry: renewal can be filed up to one year before the registration expires.
- Grace period: if missed, renewal is still possible within 6 months after expiry on payment of a surcharge.
- Restoration: if it lapses, the mark may be restored and renewed by application (Form TM-R) within the period allowed after removal, with additional fees.
Practical example
A company registered its logo with an application dated 1 March 2016. The registration expires on 1 March 2026. The renewal should ideally be filed by early 2026; if missed, it can still be renewed within the 6-month grace window on payment of the surcharge before the mark risks removal.
Common mistakes
- Tracking renewal from the registration certificate date rather than the application date.
- Letting the address for service lapse, so reminders never arrive.
- Assuming a grace-period renewal is automatic — the surcharge and form are still required.
Documents / checklist
- Trademark registration number and class(es).
- Proprietor details and current address for service.
- Form TM-R and the applicable official fee (plus surcharge if within the grace period).
Key takeaway
Diary every trademark from its application date, renew before expiry where possible, and keep your address for service current so deadlines actually reach you.
IPVIGIL is an educational IP law blog. This content is for general informational purposes only and is not legal advice, solicitation or advertisement. Confirm current forms, fees and timelines with the Trade Marks Registry or a qualified professional.