A registered trademark in India is valid for 10 years and can be renewed for a further 10-year period. An application must be filed using Form TM-R, which can be filed up to one year before expiry. The government fee is ₹9,000 per class if filed online, or ₹10,000 for physical filing.
If the expiry date has passed, the law still allows renewal with a surcharge within six months, and a further window in which restoration can be requested, though restoration is never guaranteed. This guide explains each situation, the fees, the procedure and the cost of delay. It is based on Section 25 of the Trade Marks Act, 1999, the Trade Marks Rules, 2017 and the IP India fee schedule as checked on 6 November 2026.
What Is Trademark Renewal?
Renewal keeps an existing registration on the Register of Trade Marks for another 10-year term. It applies only to a mark that is already registered, not to a pending application, and it is separate from the original filing on Form TM-A described in our complete guide to trademark registration.
Under Rule 57(2), a renewal request filed within time shall be allowed unless the mark has been removed or cancelled or is otherwise not renewable. Section 25 and Rule 57 do not make a fresh search or proof of use a condition of renewal. However, a registered mark that is never used can face a separate non-use challenge under Section 47.
Renewal is filed by the registered proprietor, or by an advocate or registered trademark agent authorised to act for them. If the mark has been assigned, or the proprietor’s name or address has changed, it is sensible to have the Register updated first.
If India is designated in an international registration under the Madrid Protocol, renewal is made through WIPO, not on Form TM-R.
How Long Is a Trademark Valid in India?
A trademark registration is valid for 10 years (Section 25(1)) and can be renewed for successive 10-year periods, each counted from the expiry of the last registration (Section 25(2)). The Act sets no limit on the number of renewals. Hence, the duration of a registration is effectively indefinite if every renewal is made on time and the mark is not otherwise removed.
The 10 years run from the date of application, not from the date on the certificate, because a registered mark is treated as registered from the date of filing (Section 23(1)). A mark that took years to reach registration may therefore be close to its first renewal date by the time the certificate arrives. Always work from the expiry date shown on the Register. Where a mark is registered within six months before its renewal date, or after it, Rule 58(2) and (3) allow renewal on payment of the renewal fee within six months of the actual date of registration.
Renewal relates to the goods or services and the classes for which the mark is registered, and fees are charged per class.
Renewal falls due when the 10-year term ends. The application may be filed up to one year before that date (Rule 57(1)), so for a first renewal the window opens nine years after the date of application and, for ordinary renewal, closes on the expiry date.
When Should You Renew a Trademark in India?
The renewal period begins one year before expiry. The position changes as time passes:
| Stage | Position |
|---|---|
| Up to one year before expiry | Form TM-R may be filed (Rule 57(1)) |
| Before or on the expiry date | Normal renewal: Form TM-R with the standard fee |
| Within six months after expiry | Renewal with surcharge: Form TM-R with the renewal fee and the surcharge. The Registrar shall not remove the mark (proviso to Section 25(3)) |
| After six months and within one year of expiry | If the mark has been removed, restoration and renewal on Form TM-R, subject to the Registrar’s decision (Section 25(4); Rule 60) |
| More than one year after expiry | The statutory restoration period has ended; take advice |
The six-month period is an exception that will cost more, not extra time to plan around, and the Registrar may remove the mark if that period passes without an application. The Registrar is bound to send a reminder in Form RG-3 to the address for service not more than six months before expiry. It is recommended that the proprietor not rely on the reminder, especially where the address on record is outdated.
Trademark Renewal Procedure in India
The steps below describe an online filing through the Trade Marks Registry’s e-filing system.
- Check the Register. Search for the mark on IP India’s trademark search and confirm its status, expiry date and proprietor details.
- Note the registration number and each class in which the mark is registered.
- Verify the proprietor’s name and address for service. If either has changed, take advice on recording the change first.
- Identify the situation: normal renewal, renewal with surcharge, or restoration and renewal. The fee payable differs.
- Complete Form TM-R. The same form is used in all three situations.
- Pay the official fee for each class. Online filing costs less than physical filing.
- Submit the trademark renewal application through the e-filing system and keep the acknowledgement.
- Track the application and verify the entry. Rule 61 provides for notice and advertisement of renewal and restoration. Confirm that the renewal is recorded against the mark on the Register.
- Update your records and note the next renewal date.
Trademark Renewal Fees in India (2026)
Government fees are prescribed in the First Schedule to the Trade Marks Rules, 2017 and are payable per class. The figures below come from the IP India forms and official fees page, checked on 6 November 2026.
Official government fees for Form TM-R (per class)
| Situation | E-filing (total per class) | Physical filing (total per class) |
|---|---|---|
| Standard renewal | ₹9,000 | ₹10,000 |
| Renewal with surcharge (Section 25(3)) | ₹13,500 | ₹15,000 |
| Restoration and renewal (Section 25(4)) | ₹18,000 | ₹20,000 |
Each total includes the renewal fee. The surcharge (₹4,500 e-filing, ₹5,000 physical filing) and the restoration charge (₹9,000 e-filing, ₹10,000 physical filing) are payable in addition to the normal renewal fee, not instead of it. IP India’s page also reproduces the repealed Trade Marks Rules, 2002 schedule. Those older figures, and the old six-month pre-expiry filing window mentioned in some guides, no longer apply. Fees can be revised, so confirm them on IP India before filing.
Professional fees are separate. They depend on the representative and the work involved and are not government charges.
For example, a brand registered in three classes and renewed on time via e-filing pays ₹27,000 in official fees (3 × ₹9,000), compared with ₹9,000 for a single class. If the same renewal is made within six months after expiry, the official fee is ₹40,500 (3 × ₹13,500).
Documents and Information Required for Trademark Renewal
Most of what Form TM-R needs is already on the Register. Have these ready:
- The registration (application) number and the mark as registered
- The registered proprietor’s name and details, as shown on the Register
- Each class to be renewed
- The current address and the address for service
- Authorisation, where an advocate or agent files on the proprietor’s behalf
- Any further details the particular case needs, for example where ownership has changed, or a mark is being restored
Which of these apply depends on the case, so follow the requirements shown on the form and in the e-filing system.
How to Check Trademark Renewal Status Online
IP India provides a public trademark search and an application status tool. Using them, a proprietor can locate the mark by name or application number, open the record, review its status and proprietor details, and look for the expiry date and renewal entries where the record displays them. After filing, return to the same record to confirm that the renewal has been recorded. If the status is unclear or shows removal, have it reviewed before taking any step.
What Happens If a Trademark Is Not Renewed?
If the mark is not renewed within six months of expiry, the Registrar may remove it from the Register under Section 25(3). The removal is advertised in the Trade Marks Journal. If the mark is removed, the proprietor cannot rely on it unless it is restored or registered again. Upon removal of the mark, the protection against infringement is lost, which makes enforcement against copycats harder. Passing off may remain available where goodwill can be shown (Section 27(2)), but it is more demanding to prove. Licensing, assignment, and due diligence checks also become more complicated when a registration has lapsed.
Removal of a trademark does not make the mark instantly free for anyone else. Under Section 26, for one year after removal for non-payment of the renewal fee, the removed mark is treated as still on the Register when others apply to register a mark, unless the Registrar or the High Court is satisfied that there was no bona fide trade use in the two years before removal, or that confusion or deception is unlikely.
Can an Expired Trademark Be Renewed or Restored?
The answer depends on where the mark stands:
- Expired, within six months. The Registrar shall not remove the mark if Form TM-R is filed with the renewal fee and the surcharge within six months of expiry (proviso to Section 25(3)). This is a renewal with a surcharge, not an ordinary renewal.
- Removed after six months and within one year of expiry. Section 25(4) and Rule 60 allow an application for restoration and renewal to be made on Form TM-R, together with the prescribed fee. The Registrar restores the mark only if satisfied that it is just to do so, having regard to the interests of other affected persons, and may impose conditions or limitations. The outcome cannot be guaranteed.
- More than one year after expiry. In this case, you may need a fresh application, which will be treated as a new filing and may conflict with existing marks.
Before choosing a route, have the mark’s current Registry status checked.
Why Is Timely Trademark Renewal Important?
Timely renewal keeps the registration continuous, so there is no gap in the brand’s registered status or in the record that licensees, buyers and investors rely on. It avoids the surcharge and restoration charges, each payable on top of the renewal fee, and it removes the risk of removal. For businesses with several marks and classes, a single diary of expiry dates helps ensure that older registrations are not overlooked. None of this guarantees a particular outcome in a dispute, but a subsisting registration is the stronger starting point.
Conclusion
A trademark lasts 10 years and can be renewed on 10-year terms using Form TM-R, at an official fee of ₹9,000 per class online and ₹10,000 per class for physical filing. The application can be filed up to a year before expiry. After expiry, renewal with surcharge is available for six months, and restoration after removal may be sought within one year at the Registrar’s discretion.
The most useful step is to check the expiry date on the Register for each trademark and keep it in a diary. The firm’s information pages on trademark legal services in India and trademark registration and renewal in Ahmedabad explain how renewal fits with the wider work.
