August 22, 2025 by Amit Kumar
A trademark, once registered, is valid for 10 years under Section 25(1) of the Trade Marks Act, 1999. However, this right is not perpetual unless renewed. Failure to renew may result in removal from the Register, leaving your brand unprotected and vulnerable to third-party claims.
Trademark renewal is therefore not just a legal formality—it is a business necessity. Timely renewal ensures uninterrupted brand exclusivity, investor confidence, and continued enforceability of rights.
Initial Registration: Valid for 10 years.
Notice by Registrar: Sent usually before expiry reminding proprietor of renewal.
Renewal Window: Apply within 1 year before expiry of registration.
Grace Period (Post-Expiry): Within 6 months from expiry, renewal possible with surcharge.
Restoration Period: After removal, within 1 year from expiry, restoration + renewal possible with higher surcharge.
Beyond 1 year of expiry: Trademark cannot be restored; a fresh application must be filed.
File Form TM-R online or physically.
Provide correct details of the trademark, registration number, class, and proprietor.
Normal renewal fee if filed before expiry.
Renewal with surcharge if filed within 6 months after expiry.
Restoration + renewal fee if filed after removal but within 1 year.
Registrar checks compliance with procedure and fee.
Upon acceptance, renewal is recorded in the Register and published in the Trademark Journal.
Trademark remains valid for another 10 years.
Based on the latest Trademark Rules (2024) & Schedule (referenced from your attached fee table):
| Renewal Type | E-Filing Fee | Physical Filing Fee | Form |
|---|---|---|---|
| Normal Renewal | ₹9,000 per class | ₹10,000 per class | TM-R |
| Renewal with Surcharge (within 6 months after expiry | ₹4,500 surcharge + Renewal Fee | ₹5,000 surcharge + Renewal Fee | TM-R |
| Restoration & Renewal (within 1 year after expiry | ₹9,000 surcharge + Renewal Fee | ₹10,000 surcharge + Renewal Fee | TM-R |
Section 25(1): Initial validity of 10 years.
Section 25(2): Renewal for successive periods of 10 years upon payment of prescribed fees.
Section 25(3): Registrar to send notice before expiry and grant renewal with surcharge if applied within 6 months after expiry.
Section 25(4): Restoration allowed within 1 year after expiry, subject to surcharge and Registrar’s discretion.
For Applicant: A missed renewal may mean losing years of brand goodwill. Competitors may seize the opportunity to file similar marks.
For Corporates: Portfolio management is essential; lapses can lead to litigation, dilution, or investor concerns.
For Investors & Acquirers: During M&A, trademark due diligence always checks renewal status. A lapsed mark can reduce valuation.
For Global Brands: Synchronizing renewal in multiple jurisdictions is critical to maintain consistent protection.
Suppose you registered your brand “NOVA TEXTILES” in Class 24 (textiles) 1st Feb 2015.
It is due for renewal in 1st Feb 2025.
You may file TM-R between 1st Feb 2024– 1st Feb 2025 (normal renewal).
If you miss the date and file before1st Aug 2026 (within 6 months of the due date), you must pay surcharge + renewal fee.
If removed in 2025, you still have one final chance before 1st Feb 2026 (within 1 year of the due date) to restore by paying higher restoration fees.
If you fail to act by 2026, you lose the mark entirely.
Loss of exclusive rights.
Re-filing means starting from scratch with examination, opposition, and no guarantee of acceptance.
Additional costs and loss of business reputation.
Trademark renewal is a simple yet critical step in brand management. While registration gives you the initial shield, renewal keeps that shield intact for life. With proper IP management, businesses can ensure indefinite protection of their marks and maximize commercial value.
Key Takeaway: Always track renewal deadlines, use IP docketing tools, and engage professional support to avoid lapses.
Q1. How long is a trademark valid in India?
10 years, renewable indefinitely in 10-year blocks.
Q2. Can I renew after expiry?
Yes, within 6 months with surcharge, or up to 1 year with restoration + renewal.
Q3. What happens if I miss renewal completely?
Trademark is removed from the register. A fresh application must be filed.
Q4. What is the difference between renewal and restoration?
Renewal is before or within 6 months of expiry. Restoration is after removal but within 1 year.
Q5. Can a trademark be renewed for multiple classes at once?
No, fee is per class. Separate renewal applications must be filed for each class.
Q6. Do startups or MSMEs get reduced renewal fees?
No, concessional fees apply only at the time of filing TM-A (application stage), not renewal.
Q7. How do I know if my mark is due for renewal?
Check renewal status on IP India portal using your application number or rely on docketing software.