Renewal is the cheapest and simplest filing in the life of a trademark. It is also the one most often missed, because ten years is long enough for the person who filed the mark to have moved on, for the agent's email to have changed and for the certificate to be sitting in a drawer. Not sure a trademark is the right protection? See trademark vs copyright vs patent.
This guide sets out how the 10-year term is counted, when to file, what each stage costs in government fees, and what you lose if the mark comes off the register. If you are filing a new mark, see our trademark registration page instead.
How the 10-year term is counted
Section 25(1) of the Trade Marks Act, 1999 says a registration lasts ten years and may be renewed from time to time. Section 23(1) says the mark, once registered, is registered as of the date of making the application. Put together, the 10 years run from the application date, not from the date on the certificate.
This matters because registration can take years. A mark applied for in November 2016 and registered in 2019 falls due for renewal in November 2026, not 2029. Look at the application date on the certificate, or check the mark's record on the IP India portal, which shows when the registration expires.
Each renewal, under section 25(2), runs for ten years from the expiry of the last registration. Renewing early does not shorten the term.
When to file Form TM-R
Rule 57(1) of the Trade Marks Rules, 2017 allows the renewal request in Form TM-R to be made at any time not more than one year before the registration expires. You cannot file earlier than that. Rule 57(2) says a request filed in time must be allowed, unless the mark has been removed or cancelled, is not renewable under the Act or Rules, or an order of a court or the Registrar stands in the way.
Under Rule 58(1), if no renewal has been filed, the Registrar sends a notice in Form RG-3 to the address for service on record, not more than six months before expiry. The notice is a reminder, not the trigger. If your address for service is out of date, you may never see it, and the deadline does not move.
A sensible plan is to file in the window between twelve and three months before expiry. That leaves time to fix any problem with the record, such as an unrecorded change of owner, before the date arrives.
Renewal fees: on time, late and restoration
The fees below are from the First Schedule to the Trade Marks Rules, 2017, as published on ipindia.gov.in. They are per class, so a mark registered in three classes pays three times.
| When you file | Legal basis | Government fee per class (e-filing) | Physical filing | Three classes (e-filing) |
|---|---|---|---|---|
| Up to one year before expiry, and by the expiry date | Section 25(2), Rule 57 | ₹9,000 | ₹10,000 | ₹27,000 |
| Within six months after expiry | Proviso to section 25(3), Rule 59 | ₹9,000 + ₹4,500 surcharge = ₹13,500 | ₹10,000 + ₹5,000 = ₹15,000 | ₹40,500 |
| After six months and within one year of expiry | Section 25(4), Rule 60 | ₹9,000 restoration + ₹9,000 renewal = ₹18,000 | ₹10,000 + ₹10,000 = ₹20,000 | ₹54,000 |
| More than one year after expiry | No renewal route | Fresh application in Form TM-A | - | - |
Two points people miss. First, the lower fee that individuals, startups and small enterprises pay on a new application in Form TM-A does not apply to renewal: the First Schedule sets one renewal fee for every proprietor. A Udyam registration certificate helps with new filings, not with renewal. Second, e-filing costs less than paper at every stage.
Regikart's professional fee for an on-time renewal starts at ₹2,499 per class, and from ₹4,999 per class for a renewal inside the six-month grace period, as set out on our trademark renewal page. Restoration is quoted on the facts.
The renewal process, step by step
- 1. Confirm the expiry date. Ten years from the application date, or ten years from the last expiry if the mark has been renewed before.
- 2. Check who is on the register. Only the registered proprietor's details should appear on the renewal. If the mark was sold or transferred to another person or company and the transfer was never recorded, record it first. Section 45 requires the new owner to apply to register their title, and our trademark assignment page covers that filing.
- 3. Check the address and the classes. If the proprietor's address has changed, update it. Confirm the classes you want to keep: renewal is per class, and you can choose not to renew a class you no longer use.
- 4. Collect the documents. Registration number or certificate, proprietor details, and an authorisation for the agent if one is filing.
- 5. File Form TM-R online. Pay the fee for each class through the IP India e-filing portal and save the acknowledgement.
- 6. Track the record. Check that the portal record shows the renewal and the new expiry date. Keep the renewal certificate or record with the original registration.
A worked example
Take a spice brand that filed its wordmark on 10 December 2016 in classes 29, 30 and 35. The certificate came through in 2018, but the term runs from the filing date, so the registration expires on 10 December 2026.
The renewal window opened on 10 December 2025, one year before expiry. If the owner files Form TM-R online by 10 December 2026, the government fee is ₹9,000 for each of the three classes, ₹27,000 in all, and the registration runs to December 2036.
If the owner files in, say, March 2027, the mark has expired but is inside the six-month grace period. The fee becomes ₹13,500 per class, ₹40,500 in all. The mark has not been removed, so it carries on as before once the renewal is processed.
If the owner only notices in August 2027, the six months have gone. The mark may already have been removed and the removal advertised. The route now is restoration and renewal under section 25(4), at ₹18,000 per class or ₹54,000 for three classes, and only if the Registrar thinks it just. After 10 December 2027, even that is closed.
The cost of being late is not only the fee. Restoration depends on the Registrar being satisfied that it is just, having regard to the interests of others, so there is no certainty of getting the mark back once the grace period has gone.
Situations that need extra care
- The proprietor has died. The mark passes to the legal heirs by transmission. They apply under section 45 to be registered as proprietors, and then renew. Start early, because succession documents take time.
- A firm or company has changed. A partnership that became a company, or a company that merged, is not automatically the registered proprietor. Record the change on the register before you renew.
- The address for service is stale. The RG-3 notice and any Registry correspondence go to the address on record. A change of address request in Form TM-P costs ₹900 on e-filing.
- Collective and certification marks. Rule 58(4) provides that these are also renewed in Form TM-R with the fee in the First Schedule.
- A dispute is pending. Rule 57(2) lets a court or Registrar order bar renewal. If the mark is under opposition, rectification or litigation, take advice on the order before filing.
Removal and restoration
If the renewal fee is not paid by the expiry date, Rule 59 allows the Registrar to remove the mark from the register and to advertise the removal in the Trade Marks Journal. The proviso to section 25(3) and Rule 59 stop that removal if an application for renewal with the surcharge is made in Form TM-R within six months of expiry.
Section 25(4) is the last door. After six months and within one year from the expiry of the last registration, the Registrar may restore the mark and renew it, on an application in Form TM-R with the prescribed fee, if satisfied that it is just to do so. Rule 60 requires the Registrar to have regard to the interests of other affected persons. Under Rule 61, a restoration and renewal is advertised in the Journal. Restoration is a discretionary remedy, not a formality.
Once the year has passed, there is no renewal route left. The only option is a fresh application, which gets a new filing date and goes through examination again, with the risk that someone else filed a similar mark in the meantime.
What a lapsed mark costs you
A registration gives the proprietor the exclusive right to use the mark for the registered goods or services under section 28, and the right to sue for infringement under section 29. Section 27(1) bars an infringement action for an unregistered mark. When the mark is removed, those rights go with it.
You still keep a passing off action, which section 27(2) preserves. But passing off depends on proving your own reputation and the other side's misrepresentation, which is harder and slower than relying on a registration. You should also stop using the ® symbol once the mark is off the register, because ® signals a registered mark.
If the register itself is wrong, for example an entry that should not be there or an error in your details, the remedy is rectification under section 57, covered on our trademark rectification page. The same route is used to remove someone else's mark for five years of continuous non-use under section 47.
Common mistakes
- Counting from the certificate date. The term runs from the application date.
- Waiting for the RG-3 notice. It goes to the address for service on record, which may be years out of date.
- Renewing in the wrong name. An unrecorded assignment, a company that changed its name, or a proprietor who has died all need to be dealt with on the record.
- Assuming the small-entity discount applies. It does not apply to renewal.
- Treating the grace period as the deadline. It costs half as much again, and restoration costs double the on-time fee.
- Renewing a mark you have redesigned. A materially changed logo is a different mark and needs its own application; renewal keeps only the mark as registered.
- Forgetting the other classes. Each class is renewed and paid for separately.
Regikart's CS team in Kolkata, Delhi and Bengaluru tracks renewal dates for registered marks and files Form TM-R, surcharge renewals and restoration requests.
Frequently asked questions
How long is a trademark registration valid in India?
Ten years, counted from the date of application because section 23(1) registers the mark as of that date. It can be renewed for further ten-year terms without limit under section 25.
What is the government fee for trademark renewal?
₹9,000 per class for e-filing of Form TM-R and ₹10,000 per class for physical filing, under the First Schedule to the Trade Marks Rules, 2017.
How early can I renew my trademark?
Up to one year before the registration expires. Rule 57(1) allows Form TM-R at any time not more than one year before expiry.
What if I miss the renewal date?
Within six months after expiry you can still renew in Form TM-R with a surcharge of ₹4,500 per class on e-filing, on top of the ₹9,000 renewal fee. After six months and within one year, you can apply to restore and renew the mark, which costs ₹9,000 per class plus the renewal fee and is at the Registrar's discretion.
Can a trademark be restored more than a year after expiry?
Not under section 25(4), which limits restoration to the period after six months and within one year from expiry. After that, a fresh application in Form TM-A is the usual route, with a new filing date.
Do startups and small enterprises pay a lower renewal fee?
No. The reduced fee for individuals, startups and small enterprises applies to a new application in Form TM-A. The renewal fee in the First Schedule is the same for every proprietor.
Can I renew a trademark that I bought from someone else?
First get your title recorded. Under section 45, a person who acquires a registered mark must apply to the Registrar to register that title. Once the record shows you as proprietor, renew in your own name. See our trademark assignment page.
Do I need to renew every class separately?
The fee is charged per class, and each class you want to keep must be renewed. You can drop classes you no longer use, which lowers the fee.
About the author
Regikart CS Team
Company Secretaries at Regikart. Want to discuss this in the context of your business?
