- Trademark Registration
- Trademark Search & Clearance
- Trademark Objection & Examination Reply
- Trademark Opposition & Rectification
- Trademark Renewal & Portfolio Management
- Trademark Assignment & Licensing
- Copyright Registration
- Industrial Design Registration
- IP Infringement & Enforcement
- IP Licensing & Commercialisation
- Technology Transfer Agreements
- Brand Protection & IP Strategy
Trademark Renewal & Portfolio Management
A trademark registration in India lasts ten years from the date of the application and can be renewed for further ten-year periods without limit. The renewal is filed on Form TM-R, in the year before the registration expires, with an official fee for each class.
If the deadline is missed, section 25 of the Trade Marks Act, 1999 allows renewal within six months after expiry on payment of a surcharge. After that the mark is removed from the register, and it can be restored only if an application is made within one year of the expiry date.
When you need it
When a mark is nearing ten years
The renewal can be filed at any time in the year before expiry. Filing early removes the risk of a missed date.
When the renewal date has passed
Late renewal and restoration are possible for a limited time. After one year from expiry, the only route is a fresh application.
When the owner’s details have changed
A change of name, address or ownership should be recorded with the Registry, or notices will go to the wrong place and the register will not show the true owner.
When a business owns several marks
Marks filed at different times, in different classes and in different names need one record of dates, owners and use.
Before investment or a sale
Investors and buyers check that every mark is in force, in the company’s name and free of pending challenges.
How the process works
Five stages. The renewal itself is quick; the work lies in checking the register first.
- 1
Check the register
One to two working daysConfirm the expiry date, the classes, the goods and services, and the name and address of the owner as recorded. Anything out of date is corrected before or with the renewal.
Documents
- The registration certificate or number
- Current details of the owner
- 2
Record any changes
Before or alongside the renewalFile a request to record a change of name or address, an assignment or a merger, so that the renewed registration stands in the name of the business that actually owns and uses the mark.
Documents
- Proof of the change, such as a certificate of incorporation or an assignment deed
- 3
File the renewal
Within the year before expiryFile Form TM-R with the official fee for each class. The Registry issues a renewal certificate, and the registration runs for a further ten years from the earlier expiry date.
Documents
- Form TM-48, authorising the advocate to file
- 4
Late renewal or restoration
Up to six months, or up to one year, after expiryWhere the date has passed, file the renewal with the surcharge within six months of expiry. If the mark has been removed, apply for restoration and renewal within one year of expiry, explaining why it is just to restore it.
- 5
Keep the portfolio in order
Reviewed at least once a yearKeep one schedule of every mark with its number, class, owner, status and next deadline. Review it when the business launches new products, enters new markets or changes its structure, and keep evidence of use for each mark.
Common questions
Under the First Schedule to the Trade Marks Rules, 2017, the renewal fee is ₹9,000 for each class when filed online and ₹10,000 on paper. A late renewal within six months of expiry carries a surcharge in addition. Professional fees are separate.
At any time within one year before the registration expires. The Registry is also required to send the owner a notice before expiry, but the owner should not rely on receiving it.
It can still be renewed within six months after expiry with a surcharge. If it is not, the Registrar removes it from the register. The owner then loses the statutory right to sue for infringement of that registration.
Yes, if the application for restoration is made after six months and within one year of the expiry date, with the restoration and renewal fees. After one year, restoration is not available and a new application has to be filed.
Proof of use is not required at renewal. But a registered mark that has not been used for a continuous period of five years can be removed on someone else’s application under section 47, so use and renewal both matter.
For one year after removal, a lapsed mark is still treated as registered when the Registry examines other people’s applications, subject to exceptions in section 26. After that the protection is gone, although rights from actual use may continue.
Keeping track of renewal dates, recording changes of ownership, watching the Trade Marks Journal for conflicting applications, filing in new classes or countries as the business grows, and keeping evidence of use.
Related
To discuss a trademark renewal, write to info@ireniclegal.com or call +91 96547 47331. Written by Adv. Kanika Marwaha Bindal; last updated 7 October 2026.

