Trademark renewal in India

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What is Trademark Renewal?

A registered trademark in India is valid for 10 years from the date of the original application. After that, it must be renewed; otherwise, it lapses from the official register, and your brand loses all legal protection.

Renewal is simply the process of extending your trademark’s validity for another 10 years by filing Form TM-R with the Trade Marks Registry. There is no limit on how many times a trademark can be renewed, which means with timely renewals every 10 years, your brand can remain legally protected forever.

Important:

The 10 years is counted from your original application date, not the date the registration certificate was issued. These two dates are often months apart. Always check your application date on the IP India portal to know your exact renewal deadline.

Why Renewing on Time Actually Matters

A lapsed trademark is not just an administrative problem it has real legal and business consequences that can be very difficult to reverse.

The moment your trademark lapses, it is removed from the official register. Anyone – including a direct competitor – can legally start using your brand name or logo without it constituting infringement. You lose the right to stop them, even if you have been using the brand for years. Beyond that, you cannot file infringement cases, cannot send legally enforceable cease and desist notices, and cannot have counterfeit listings removed from e-commerce platforms like Amazon or Flipkart.

Restoration is possible, but only within one year of the expiry date – and even then, it is at the Registrar’s discretion. After that one-year window, there is no remedy. You would need to file a completely fresh trademark application, losing your original filing date and starting from zero

When Should You File for Renewal?

The Trade Marks Act, 1999, gives trademark owners a clear window to renew, and the earlier you file within that window, the smoother the process.

• 6 months before expiry – This is the ideal time. No surcharge, no complications. Most recommended.

• On or before the expiry date – Still possible without any surcharge. But it leaves no room for error.

• Within 6 months after expiry – Renewal is still accepted during this grace period, but with an additional late surcharge on top of the standard renewal fee. The trademark continues on the register while your application is pending.

• Between 6 months and 1 year after expiry – The trademark is removed from the register. A separate Restoration Application must be filed a more complex process with higher fees and no guarantee of approval.

• After 1 year from expiry, Restoration is generally not possible. The trademark is permanently lost. A fresh application is the only option.

Set a reminder 8 months before your trademark’s expiry date.
Filing early in the 6-month pre-expiry window is the safest and most cost-effective approach. Never treat the grace period as a default plan – it costs more and creates unnecessary risk.

Documents Required for Trademark Renewal

• Original Trademark Registration Certificate

• Trademark Application Number and Registration Number

• Form TM-R – the official renewal application form

• Identity proof of the registered proprietor – PAN Card, Aadhaar, or Incorporation Certificate

• Power of Attorney (Form TM-48) – if filing through a trademark agent or attorney

• Surcharge payment – only applicable if filing after the expiry date within the grace period

Before filing: Always verify your trademark’s current status, ownership details, and expiry date on the IP India portal. If the name or address on the register does not match your current documents, file a correction through Form TM-M first then proceed with renewal.

How the Trademark Renewal Process Works

1. Check your trademark status and exact expiry date on the IP India portal. Confirm that the registered proprietor details match your current legal documents.

2. Fill Form TM-R with the correct trademark registration number, class, and proprietor details exactly as they appear on the current register.

3. File online through the IP India portal — faster, cheaper, and provides instant acknowledgement. Keep the acknowledgement receipt safely.

4. Pay the prescribed renewal fee. If filing within the grace period, the late surcharge is payable in addition.

5. The Trade Marks Registry processes the application, updates the official register, and issues a renewed certificate showing the new 10-year validity.

Processing time:

Typically 3 to 12 months after filing. Your trademark remains protected throughout this period as long as the renewal application has been filed on time.

Can You Make Changes at the Time of Renewal?

Renewal is about continuity – not modification. The trademark continues exactly as it is currently registered. You cannot change the name, logo, design, or class at renewal. You cannot add new goods or services. If the ownership has changed since the last renewal, the assignment or transmission must already be recorded on the register before you file the renewal – otherwise the renewed certificate will show the old owner’s name.

Any changes to the trademark itself require separate filings through their own legal process. Renewal is simply pressing reset on the 10-year clock.

Common Mistakes to Avoid

• Calculating the expiry from the certificate date instead of the application date, check the IP India portal for the correct date

• Filing renewal in the name of the original individual owner after the business has been incorporated as a company, always update the register first

• Treating the grace period as a normal renewal window it attracts extra cost and carries risk

• Not checking the trademark status before filing, sometimes the trademark is already marked as lapsed, and the owner is unaware

• Renewing without correcting errors in the name or address on the register creates a mismatch between the renewed certificate and current business documents