Overview of the Trademark Renewal Process

is governed by Section 25 of the Trade Marks Act, 1999 and Rules 57–61 of the Trade Marks Rules, 2017. Renewal is filed on Form TM-R.

Quick Facts Validity 10 years from the application date · File up to 1 year before expiry · Government fee ₹9,000 per class (e-filing) · 6-month grace period after expiry with surcharge.

When to File a Trademark Renewal

Each trademark carries its own renewal date, counted from the original application date. Docketing each renewal date is the most effective way to avoid surcharges and removal.

Timely Renewal

File Form TM-R any time up to 1 year before expiry of the last registration. Only the standard renewal fee applies, with no surcharge.

Registrar's Reminder

The Registrar sends a reminder on Form RG-3 up to 6 months before expiry to your address of service on record. The obligation to renew exists even if the notice is not received.

Grace Period

Missed the expiry date? You can still renew within 6 months after expiry by paying the renewal fee plus a surcharge on Form TM-R.

Removal

If no fee is paid within 6 months of expiry, the Registrar may remove the mark from the register and advertise the removal in the Trade Marks Journal. Restoration is then possible within 1 year of expiry.

Who can File a Trademark Renewal?

The Registered Proprietor or a duly authorised Trademark Agent / Attorney can file the renewal.

Registered Proprietor

The individual or company recorded as the proprietor in the Trade Marks Register can file the renewal directly.

Authorised Agent

A trademark agent or attorney can file on the proprietor's behalf. Proof of authorisation may be required depending on the record.

• 1. Track the Renewal Due Date

  A trademark is valid for 10 years from the date of the application. Each mark in your portfolio carries its own independent renewal date, so docket every renewal date accurately.

  For marks registered late (close to or after the renewal due date), the renewal fee may be paid within 6 months from the actual date of registration.

• 2. File Form TM-R

  Log in to the IP India e-filing portal, select Renewal under Trademark Services and choose Form TM-R. The same form covers timely renewal, renewal with surcharge, and restoration.

  Enter the trademark registration number, the proprietor's name and address as recorded in the register, the class or classes to be renewed, and the date of the last registration or renewal.

• 3. Pay the Government Fee

  Select the applicable fee entry of the First Schedule and pay through the portal's payment gateway. Fees are charged per class.

  • Timely renewal (Entry 3): ₹9,000 per class
  • Late renewal with surcharge (Entry 4): ₹9,000 + ₹4,500 per class

  On successful payment, the system generates an instant filing receipt.

• 4. Registrar's Administrative Check

  The Registrar's office verifies that the application is complete and the correct fee has been paid. Unlike original registration, renewal involves no fresh examination of distinctiveness and no new opposition stage.

  If a discrepancy is found, the Registry may issue a query which must be answered within the specified time.

• 5. Renewal Notice & Journal Advertisement

  Upon renewal, the Registrar sends a notice of renewal to the registered proprietor and every registered user, and advertises the renewal in the Trade Marks Journal.

  The trademark stands renewed for a further 10 years from the expiry of the last registration. There is no limit on the number of successive renewals.