📋 In This Article
What is Trademark Renewal?
Trademark registration in India is valid for 10 years from the date of application — not the date of grant. To maintain the exclusive rights provided by trademark registration, the registration must be renewed at the end of every 10-year period by filing a renewal application and paying the prescribed fee.
Trademark renewal does not create any changes in the rights of the trademark owner — it simply continues the existing rights for another 10 years. A trademark can be renewed indefinitely, making it potentially perpetual unlike a patent which expires after a fixed 20-year term.
Perpetual protection: A trademark that is consistently renewed and actively used in commerce can last forever — some of the world's most valuable trademarks like Coca-Cola, TATA and Colgate have been registered for over a century.
When to Renew Your Trademark
The renewal application can be filed up to one year before the expiry date of the trademark registration. Filing early avoids the risk of inadvertently missing the deadline and the additional cost of late fees.
Before the expiry of the trademark, the Registrar sends a notice to the registered owner regarding the upcoming expiry and the renewal fees payable. However, it is the trademark owner's responsibility to ensure timely renewal — the Registrar's notice is a courtesy, not a legal prerequisite.
Trademark Renewal Fees in India
| Filing Type | Fee per Class |
|---|---|
| Renewal before expiry (e-filing) | Rs 10,000/- |
| Renewal before expiry (physical) | Rs 12,000/- |
| Within 6-month grace period (e-filing) | Rs 10,000 + Rs 5,000 surcharge |
| Within 6-month grace period (physical) | Rs 12,000 + Rs 5,000 surcharge |
Note: Fees are per class. If a trademark is registered in multiple classes, renewal fees are payable separately for each class.
How to File Form TM-R
- Verify Expiry DateCheck the trademark registration certificate or the IP India portal for the exact expiry date of the registration
- Prepare Form TM-RForm TM-R is the official renewal application form — details include trademark number, class, proprietor details and period of renewal
- Pay Renewal FeeOnline payment of the prescribed renewal fee through the IP India e-filing portal
- File OnlineSubmit Form TM-R online through the IP India portal — acknowledgement receipt generated immediately
- Renewal CertificateWithin approximately one week of the payment receipt, the renewal certificate is issued and sent by email
Documents required: No specific documents are required for a standard renewal. However, if there is a change in the authorised attorney, Form TM-48 (Power of Attorney) in the name of the new attorney must be submitted along with the renewal application.
Grace Period — What If You Miss the Deadline?
If the trademark renewal is not filed before the expiry date, the Trade Marks Registry provides a grace period of 6 months after the expiry date. During this grace period, the trademark can be renewed by paying the standard renewal fee plus an additional surcharge of Rs 5,000 per class.
It is strongly advisable not to rely on the grace period — the trademark technically lapses on expiry, and the grace period is merely an extension during which the Registry may condone the delay on payment of surcharge. After the grace period, the trademark is removed from the register.
Consequences of Non-Renewal
Failure to renew a trademark within 10 years and the 6-month grace period has serious consequences:
- The trademark is removed from the register — the exclusive rights lapse
- Any other person can apply to register the same or a similar mark — and may succeed
- The former owner loses the right to use the ® symbol
- Enforcement of the trademark against infringers becomes significantly more difficult
- Re-registration requires starting the process afresh — 18–24 months and full registration fees
- There is no guarantee the same mark will be available for re-registration if a competitor has filed in the interim
Frequently Asked Questions
When must a trademark be renewed in India?
A trademark registration in India is valid for 10 years from the date of application and must be renewed before expiry. The renewal application using Form TM-R can be filed up to one year before the expiry date. After expiry, there is a 6-month grace period during which renewal can be filed with an additional surcharge.
What is the grace period for trademark renewal?
If the renewal application is not filed before the trademark's expiry date, the Registry provides a grace period of 6 months after expiry. During this grace period, the trademark can be renewed by paying the standard renewal fee plus an additional surcharge of Rs 5,000 per class. After the grace period, the trademark is removed from the register.
What is the trademark renewal fee in India?
The standard trademark renewal fee for e-filing is Rs 10,000 per class before expiry. If filed within the 6-month grace period after expiry, an additional surcharge of Rs 5,000 per class is payable, bringing the total to Rs 15,000 per class for e-filing. For physical filing, the base fee is Rs 12,000 per class. Multi-class trademarks require payment for each class separately.
What documents are required for trademark renewal?
No specific documents are generally required for a standard trademark renewal — just Form TM-R and payment of the renewal fee. However, if there has been a change in the authorised trademark attorney or agent, Form TM-48 (Power of Attorney) in the name of the new attorney must be submitted along with the renewal application.
What happens if a trademark is not renewed?
If a trademark is not renewed before expiry and the 6-month grace period also lapses, the trademark is removed from the register. The owner loses all exclusive rights to use the mark. Any other person can then apply to register the same or a similar mark. Re-registration requires starting the entire process afresh — there is no guarantee the mark will be available, particularly if a competitor has filed in the interim period.
Official Resource: For authoritative information, visit Trade Marks Registry, IP India.