Trademark Renewal in India: Deadlines, Costs, and Section 25 TMA 1999

Trademark Renewal in India: Deadlines, Costs, and Section 25 TMA 1999

A trademark registration in India is valid for 10 years from the date of filing. To maintain your rights beyond this initial period, you must renew your registration before it expires. Failure to renew results in removal of the mark from the register, potentially allowing competitors to register and use the same or similar marks.

This guide covers the renewal process under Section 25 of the Trade Marks Act, 1999, including deadlines, fees, late renewal provisions, and the process for restoring marks that have been removed due to non-renewal.

Pro tip: Before renewing, check if any conflicting marks have been filed since your last renewal with our free trademark check — staying proactive protects your brand.

Related: How to Register a Trademark in India: Complete 2026 Guide

Trademark Validity Period in India

Under Section 25(1) of the TMA 1999, a trademark registration is valid for 10 years from the date of application. This is an important distinction — the 10-year period starts from the filing date, not the registration date.

For example:

• Filing date: March 15, 2016
• Registration date: November 8, 2018
• Expiration date: March 15, 2026 (10 years from filing)
• Renewal required by: March 15, 2026

After renewal, each subsequent renewal period is also 10 years. There is no limit on how many times a trademark can be renewed — trademark protection can be maintained indefinitely through timely renewals.

When to Renew

The Trade Marks Registry sends a renewal reminder notice to the registered proprietor approximately 6 months before the expiration date. However, you should not rely solely on this notice — it is the proprietor's responsibility to track and manage renewal deadlines.

Renewal Window

You can file a renewal application:

• Up to 6 months before the expiration date (earliest filing)
• On or before the expiration date (standard renewal)
• Up to 6 months after the expiration date (late renewal with surcharge)

How to Renew a Trademark in India

Renewal is filed using Form TM-R through the IP India online portal at ipindiaonline.gov.in.

Steps:

1. Log in to the IP India e-filing portal
2. Select Form TM-R (Application for Renewal)
3. Enter the trademark registration number
4. Verify the mark details and proprietor information
5. Pay the prescribed renewal fee
6. Submit the application

Documents Required:

• Form TM-R (completed online)
• Power of Attorney (if filed through an agent)
• Payment receipt

No evidence of use is required for renewal in India — unlike some jurisdictions (e.g., the United States), India does not require proof that the mark is currently in use as a condition of renewal.

Renewal Fees

The government fees for trademark renewal under the Trade Marks Rules, 2017 are:

The late renewal surcharge is an additional fee equal to the standard renewal fee — effectively doubling the cost.

DPIIT-recognized startup? You qualify for the reduced renewal fee of ₹4,500 per class. Learn more about DPIIT startup trademark benefits →

What Happens If You Don't Renew?

If a trademark registration is not renewed within the 6-month grace period after expiration, the following occurs:

Step 1: Advertisement of Removal

The Trade Marks Registry advertises the mark in the Trademark Journal as being due for removal under Section 25(3) of the TMA 1999.

Step 2: Removal from Register

If no renewal application is filed within one year from the expiration date, the Registrar removes the mark from the register under Section 25(4).

Step 3: Loss of Rights

Once removed, the proprietor loses their registered trademark rights. The mark becomes available for registration by third parties, subject to any common law rights the original proprietor may still hold through continued use.

Restoring a Removed Trademark

If your trademark has been removed from the register due to non-renewal, you may apply for restoration under Section 25(4) of the TMA 1999.

Restoration Requirements:

1. File an application for restoration with the prescribed fee
2. File within a reasonable time after removal
3. Provide reasons for the failure to renew
4. The Registrar has discretion to grant or refuse restoration

Important Considerations:

• Restoration is not guaranteed — it is at the Registrar's discretion
• If a third party has acquired rights in the mark during the period of non-registration, restoration may be refused or subject to conditions
• The cost of restoration is significantly higher than timely renewal

Bottom line: It is always more cost-effective and legally safer to renew on time than to attempt restoration after removal.

Renewal of Madrid Protocol Designations

If your Indian trademark protection is obtained through a Madrid Protocol international registration rather than a direct filing, the renewal process is different:

• Renewal is handled through WIPO, not the Indian Trade Marks Registry
• The international registration is renewed centrally, covering all designated countries
• The renewal period is 10 years from the date of international registration
• Renewal fees are paid to WIPO in Swiss francs

You do not need to file a separate renewal with IP India for Madrid Protocol designations — WIPO handles the notification to all designated offices.

Learn more about international trademark filing options →

Renewal Strategy and Best Practices

1. Set Up Calendar Reminders

Set multiple reminders for renewal deadlines — at 12 months, 6 months, and 3 months before expiration. Do not rely solely on the Registry's reminder notice.

2. Review Your Portfolio Before Renewal

Before renewing, assess whether each mark is still commercially valuable:

• Is the mark still in use?
• Has the business strategy changed?
• Are there marks that can be consolidated or abandoned?

3. Update Proprietor Details

If the trademark owner's name, address, or legal entity has changed since registration, update these records before or at the time of renewal. Filing Form TM-P (for assignment/transfer) or Form TM-16 (for change of name/address) ensures accurate records.

4. Consider Multi-Class Renewals

If you hold registrations in multiple classes, renew all classes simultaneously to avoid gaps in protection. Review whether you need protection in all registered classes going forward.

5. Monitor Competitor Activity During Grace Period

If your renewal lapses into the grace period, monitor the Trademark Journal for third-party applications for similar marks. Prompt renewal prevents competitors from capitalizing on your lapsed registration.

The GTC advantage: We manage trademark renewal portfolios for businesses across India and internationally. Our deadline tracking system ensures you never miss a renewal. Let us handle your renewal →

Don't Risk Losing Your Registration

Missed renewals are one of the most preventable causes of trademark loss. Let our team manage your renewal deadlines — contact us about renewal services → or run a free trademark check to review your current trademark landscape.