IPR Services

Trademark Renewal

A registered trademark is valid for 10 years and is renewed by filing Form TM-R under Section 25 of the Trade Marks Act, 1999. Most sources say renewal can be filed up to one year before expiry. If missed, a six-month grace period allows renewal with a surcharge, and the mark can be restored with renewal between six months and one year after expiry at a higher fee. The Registry sends a reminder (Form O-3) about six months before expiry.

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Service Overview

What is Trademark Renewal?

Trademark renewal is the process of extending the registration of a mark for a further period of 10 years from the date of expiry of the last registration, by filing Form TM-R and paying the prescribed fee. If neither the renewal fee nor the surcharge is paid within the grace period, the Registrar may remove the mark from the register. It can then be restored under Section 25(4) with a restoration fee.

Only the registered proprietor, or a recorded subsequent proprietor, can renew. The window is up to one year before expiry according to most sources (Rules 57 and 58), while one source says six months. The grace period is six months after expiry with a surcharge, and restoration is possible after that within one year of expiry.

Trademark Renewal

Who Needs This Service

All registered trademark owners need to renew. Companies with large portfolios should maintain a renewal calendar so that no mark lapses by accident.

Brand owners who have changed their name or address should update the register before renewal, so the Registry's notices reach the right place.

If your mark expired and you are within the grace or restoration period, act quickly, because fees rise and risks increase over time.

Businesses that plan to sell or license their brand should ensure that renewals are up to date, because buyers check them.

Key Benefits

Renewal dates tracked so that marks do not lapse
Form TM-R filed correctly and on time
Late renewal and restoration handled
Register records updated
Brand protection continues without gaps

Next Steps & Related Services

After renewal, record the next date ten years ahead.

Related services: TM Modification, Trademark Transfer, TM Opposition and Trademark Registration.

Common Mistakes

Forgetting renewal because reminders go to an old address.
Waiting until after expiry and paying higher fees.
Using wrong fee figures.
Not updating ownership records before renewal.
Assuming the Registry will automatically renew.

Timeline, Costs & Practical Tips

Fees quoted: Rs 9,000 e-filing renewal per class, about Rs 13,500 with surcharge, about Rs 18,000 for restoration.

Practical tip: renew within the year before expiry to avoid surcharges.

Additional Information

Section 25 of the Trade Marks Act, 1999 provides for renewal and restoration. Rules 57 to 60 of the Rules set the time limits and procedure. The Registry can remove marks from the register if renewal is not paid.

Practical Scenarios

Scenario 1:

A company renews its mark six months before expiry.

Scenario 2:

A brand files late renewal with surcharge within the grace period.

Scenario 3:

A business restores a mark that expired a few months earlier.

Practical Guidance

Renewal is a data-management task. Keep a register of every mark with its filing date, expiry date, class and owner details, and update the owner's address with the Registry so reminders arrive. File inside the one-year window before expiry whenever possible, because late renewal costs more and restoration costs still more.

Written By

Raghav Sharma

Operations Executive

10+ Years Experience

As seen on

Raghav Sharma has 10+ years of experience covering Company Registration - Operation, MCA Services - Operation, Corporate Operation, Import Export Services - Operation, Goverment Licence Services - Operation, FSSAI - Operation, SEBI - Operation, Labour Compliance - Operation, Fund Raising - Operation, Licence & Certificate - Operations.

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Frequently asked questions

Need clarity?

When can I file TM-R?

Up to one year before expiry per most sources.

What if I miss the date?

A six-month grace period with surcharge, then restoration within a year.

How long is each renewal?

Ten years.

Who can renew?

The registered proprietor or recorded subsequent proprietor.

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