Trademark Renewal in India: Deadlines, Process and What Happens If You Miss It

One of the most commonly overlooked aspects of trademark ownership in India is renewal. Many businesses invest significant time and money registering a trademark, then inadvertently allow it to lapse years later simply because they missed a deadline. Every year, valuable trademarks — representing brands with real commercial goodwill — are removed from the Register because renewal fees were not paid on time. Here is a complete guide to keeping your trademark alive.

Trademark Validity: The 10-Year Rule

A registered trademark in India is valid for 10 years from the date of application — not from the date of registration. This distinction matters: if your application was filed on 15 March 2020 and registration was granted on 10 January 2022, your trademark expires on 15 March 2030 — the 10-year anniversary of the application date, not the registration date.

After renewal, the trademark is valid for a further 10 years from the expiration of the preceding registration — and this process can be repeated indefinitely. Unlike patents, trademarks have no maximum lifespan, provided they are renewed and remain in use.

When to File: The Renewal Window

The Trade Marks Act, 1999 provides that a trademark proprietor may apply for renewal within one year before the date of expiration of the registration. In practice, this means you can file Form TM-R any time during the 12 months leading up to your trademark's expiry date. Filing early within this window is strongly recommended because:

• It eliminates the risk of administrative delays causing accidental lapse
• It gives time to correct any errors in the renewal application before the deadline
• It avoids the surcharge that applies during the grace period

The 6-Month Grace Period and Surcharge

If the renewal application is not filed before the expiry date, the Trade Marks Act provides a 6-month grace period after expiry during which the trademark can still be renewed — subject to payment of a surcharge in addition to the standard renewal fee. The surcharge is set by the Trade Marks Rules, 2017 and varies depending on the applicant category.

During the grace period, the trademark remains on the Register but is marked as "pending renewal." Critically, your trademark rights are weakened during this period — you can still enforce the mark, but any lapse in status may complicate licensing discussions, due diligence processes, or court proceedings. The standard renewal fee for an individual applicant is ₹9,000 online (₹10,000 offline) per class; a startup or small enterprise pays half this amount.

How to Renew: Form TM-R and Fees

Trademark renewal in India is filed using Form TM-R through the IP India Online Portal at ipindiaonline.gov.in. The process is straightforward if you file on time:

• Step 1: Log in to the IP India Online Portal and locate your trademark using the application number.
• Step 2: File Form TM-R (Application for renewal of registration) and specify the class or classes for which renewal is sought.
• Step 3: Pay the renewal fee — ₹9,000 per class for individuals (online), ₹4,500 for startups and small enterprises under the Startup India programme.
• Step 4: Receive acknowledgement and confirmation of renewal from the Registry.

If you have a registered trademark agent or advocate, they can file the renewal on your behalf with a power of attorney.

What Happens If Your Trademark Lapses

If neither the regular renewal nor the grace period renewal is completed, the Trade Marks Registry will remove the mark from the Register. Once removed, the trademark has no legal protection — anyone can use an identical or similar mark, and you lose all the rights associated with registration. The consequences are severe:

• You lose the statutory presumption of ownership and validity of the mark
• Competitors or third parties can file a new application for the same or similar mark — and if they register first, they may obtain rights superior to yours
• You lose the ability to sue for trademark infringement (though passing off action under common law may still be possible)
• The years of goodwill built under the registered mark are no longer legally protected

Restoration of a Lapsed Trademark

If a trademark is removed from the Register, it may be possible to restore it. Under Rule 58 of the Trade Marks Rules, 2017, a proprietor may apply for restoration of a removed mark within one year of removal, subject to payment of restoration fees and a surcharge. However, restoration is not guaranteed — the Registry may refuse if a third party has acquired rights in the intervening period, or if restoration would not be just and equitable.

The safest approach by far is to never allow a trademark to lapse in the first place. If your mark has already lapsed, file a fresh application immediately to establish a new filing date — and seek legal advice on whether restoration is also worth pursuing.

Conclusion

Trademark renewal is not optional — it is a fundamental maintenance obligation that every trademark owner must track. Given that renewal is only required once per decade, the risk is that it slips off the radar in the intervening years. Protect your brand investment by diarising renewal deadlines, engaging an IP attorney to manage your portfolio, and filing renewal applications well within the one-year window before expiry.

Explore our Trademark Renewal service → or learn how to check your trademark status online.