How to Renew a Trademark in India Before It Expires

You filed your trademark, waited through the registration process and received your certificate. The hard part is over. But trademark registration in India is not a one-time task — it requires renewal every 10 years to remain valid. Missing the renewal deadline means losing all the rights you worked to obtain, and those rights cannot simply be picked up again where they left off.

This guide explains the complete trademark renewal process in India, the deadlines you must not miss and exactly what happens if you let your registration lapse.

When Does a Trademark Need to Be Renewed?

A trademark registration in India is valid for 10 years from the date of application — not from the date of registration. This is an important distinction. Even if your registration certificate arrived two years after you filed, your renewal clock started ticking from the original filing date.

Under Rule 57 of the Trade Marks Rules, 2017, you should apply for renewal within 6 months before the expiry date. The Registrar also sends a notice of renewal around this time, but waiting for the notice is a dangerous strategy — it is your responsibility to track the expiry date and act on time.

The Grace Period — and Why You Shouldn't Rely On It

If you miss the 6-month advance window, the Trade Marks Act provides a 6-month grace period after expiry during which you can still renew the mark — but with a surcharge. The current government surcharge for late renewal within the grace period is significant, and the mark appears as "removed" from the register during this interval, which creates a window in which competitors could potentially file a conflicting application.

After the grace period expires (i.e., more than 6 months after the mark's expiry), the mark is permanently removed from the register. At that point, restoration is not automatic — it requires a separate application, additional fees and is subject to the Registrar's discretion.

How to File for Trademark Renewal

Trademark renewal in India is filed using Form TM-R on the IP India Online portal. The process is straightforward:

• Log in to the IP India Online portal
• Select your existing trademark application number
• Complete Form TM-R with applicant details and class(es) to be renewed
• Pay the prescribed government fee (currently ₹9,000 per class for companies; ₹4,500 per class for individuals and startups)
• Submit and download the acknowledgement

The renewed registration will be valid for a further 10 years from the date of expiry of the previous registration — not from the renewal filing date. This means you do not lose any time even if you renew a few months early.

Renewing a Multi-Class Trademark

If your trademark is registered in multiple classes, you must renew it in each class separately — and pay the renewal fee for each class. You can choose to renew only some classes and let others lapse if you no longer use the mark in those goods or service categories. However, think carefully before dropping any class, as it creates a gap in your protection that competitors may exploit.

Renewal After Assignment or Change of Owner

If the trademark has been assigned (transferred to a new owner) since the original registration, the renewal must be filed in the name of the current registered proprietor. If the assignment was not recorded with the Trade Marks Registry at the time of renewal, this can create procedural complications. Always ensure assignments are recorded before the renewal date approaches. Learn more about our trademark renewal service →

What Happens If You Don't Renew

If a trademark is not renewed within the grace period, the consequences are serious:

• The mark is removed from the Trade Marks Register
• You lose the statutory right to use ® symbol
• You lose the right to sue for trademark infringement — you can only pursue the weaker claim of passing off
• A third party can file an identical or similar mark in the same class
• Restoration is possible but not guaranteed, and involves additional fees and procedural hurdles

Practical Tips for Managing Trademark Renewals

• Record your expiry date immediately when you receive your registration certificate
• Set reminders 18 months, 12 months and 6 months before expiry
• Keep your registered address updated with the Trade Marks Registry so official notices reach you
• Renew all classes simultaneously to avoid confusion about different expiry dates
• Use a professional for multi-class or assigned marks where the paperwork is more complex

Conclusion

Trademark renewal is the simplest part of the trademark lifecycle — but it is the one that catches the most owners off guard. A registration you spent 18–24 months obtaining and years building goodwill around can be wiped out by a missed deadline. Mark the date, renew on time and protect what you have built. Contact Nikhil Soni & Co. for renewal assistance → or read more on our IP Law Blog.