A trademark isn’t just a legal asset—it’s the personality of your brand.
It can be a name, a logo, a punchline, or even a combination of colors that makes your product or service instantly recognizable. But registering a trademark doesn’t mean it’s yours forever by default. Like a passport or a driving license, it comes with an expiry date—and you need to renew it periodically to keep enjoying its benefits.
In India, the duration of a registered trademark is governed by Section 25 of the Trademarks Act, 1999. This provision states that a trademark, once registered, remains valid for ten years from the date of application, not from the date of registration.
This part is important because the registration process itself may take months or even longer if there are objections or delays, but the clock starts ticking from the day you filed the application.
To make that clearer, here’s a simple example:
| Date of Application | Date of Registration | Trademark Valid Till |
| 15 March 2022 | 1 October 2023 | 15 March 2032 |
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So, even if your registration was completed more than a year after you applied, your trademark’s validity is still counted from the original date of filing. That ten-year protection period gives you the exclusive right to use your mark in the classes for which it was registered, and to prevent others from using a deceptively similar mark.
Now, what happens once those ten years are up?
Your trademark doesn’t disappear overnight, but it does become vulnerable. If you fail to renew it on time, you lose your legal protection.
That means anyone could apply for a similar or even identical mark, and you could lose the brand identity you’ve worked so hard to build. Thankfully, the law provides a solution—a renewal process, and even a grace period in case you miss the deadline.
The trademark renewal window opens within one year before the date of expiry. So, ideally, if your trademark is set to expire on 15 March 2032, you can start the renewal process any time after 15 March 2031.
If you miss this window, you still have a six-month grace period after expiry where you can renew it by paying a late fee. But this grace period is not indefinite, and once it lapses, you must take a different route—a restoration process that’s more expensive and riskier.
Let’s say your ten-year term expired on 15 March 2032 and you forgot to renew. You now have until 15 September 2032 (six months) to renew it by filing the standard form and paying an additional surcharge.
If you miss even this period, you can still apply for restoration within one year from expiry—that is, until 15 March 2033—but this is at the discretion of the Registrar and subject to proper justification. In essence, your brand could be hanging by a thread during that time.
Here’s a snapshot of the timeline:
| Event | Latest Date Allowed | Action Required |
| Renewal without penalty | 15 March 2032 | File renewal application (Form TM-R) |
| Renewal with late fee | 15 September 2032 | File renewal + pay surcharge |
| Restoration possible till | 15 March 2033 | File for restoration + justification |
Understanding this timeline is crucial. Missing the renewal deadline isn’t just an administrative hiccup—it can cause real damage to your brand. The law does offer backup options, but it also expects you to act responsibly and keep track of your rights.
Renewing a trademark in India is not a complicated task, but it must be done with care and within the allowed timelines. The process is governed by Rule 57 to Rule 61 of the Trademark Rules, 2017, along with Section 25 of the Trademarks Act, 1999.
Whether you’re an entrepreneur managing your own brand or a business owner with a growing portfolio of marks, knowing how to renew your trademark can save you from last-minute panic—or worse, losing your brand name altogether.
The form used for trademark renewal is called Form TM-R. It can be filed online through the IP India Trademark Portal or physically submitted at the appropriate trademark registry office. You can renew your trademark with or without changes.
If you want to keep everything exactly the same—no change in ownership, goods, or class—you simply apply for renewal “as is.” But if you want to make changes, such as updating the ownership structure or adding a new class of goods or services, that’s allowed too—just make sure it’s mentioned during the renewal process.
Here is a snapshot of the steps:
| Step | What You Need to Do |
| 1 | Check the renewal due date (start at least 6–12 months in advance) |
| 2 | Prepare and file Form TM-R |
| 3 | Pay the prescribed fee – ₹9000 per class (online filing) |
| 4 | Attach required documents (ID proof, original certificate if needed, POA if through agent) |
| 5 | Receive acknowledgment and wait for confirmation of renewal |
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If your application is complete and filed on time, the trademark gets renewed for another 10 years. This cycle can go on indefinitely—as long as you keep renewing it every ten years, your trademark rights remain intact.
In case you missed the regular deadline and are still within the 6-month grace period, you will need to pay a surcharge along with the renewal fee. The form remains the same (TM-R), but the late fee is mandatory. If even that window is missed, your only option is to file for restoration, which also requires TM-R, a restoration fee, and a reasonable explanation for the delay.
| Filing Type | Fee (Online) | Time Frame |
| Normal Renewal | ₹9000/class | Within 1 year before expiry |
| Late Renewal + Fee | ₹9000 + late fee | Within 6 months after expiry |
| Restoration | ₹9000 + ₹9000 (restoration fee) | Within 1 year of expiry (only if renewal wasn’t done) |
Renewal may seem like a routine administrative task, but it has real-world consequences. If your trademark lapses, it not only weakens your brand’s legal protection but also opens the door for competitors or opportunistic entities to claim similar names.
It’s always best to set up automatic calendar alerts and maintain updated records of all your trademarks. Many businesses even hire trademark attorneys or IP firms to handle renewals across their brand portfolios.
FAQs
1. How long is a trademark valid in India?
A registered trademark in India is valid for 10 years from the date of application, not from the date of registration.
2. Can a trademark be renewed after it expires?
Yes, it can be renewed within a 6-month grace period after expiry by paying a late fee. Beyond that, a restoration application can be filed within 1 year from the expiry date.
3. What form is used to renew a trademark in India?
You need to file Form TM-R either online through the IP India portal or physically at the trademark registry.
4. What is the renewal fee for a trademark in India?
The fee is ₹9000 per class if filed online. A surcharge is applicable for late renewal and restoration.
5. Is it necessary to hire a lawyer to renew a trademark?
Not necessarily. While you can do it yourself, hiring a trademark attorney helps avoid mistakes, especially if changes or restoration are involved.
If someone is copying your brand name or logo, don’t panic. This blog walks you through what to do when someone infringes your trademark.
