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Trademark & IP

Trademark Renewal in India

Trademark Renewal is the process of extending a registered trademark's protection for another 10-year term, filed via Form TM-R before the existing registration expires. Renewal can be filed up to 1 year before expiry, and even after expiry within a 6-month grace period (with a late fee, called restoration).

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What Is Trademark Renewal?

Trademark Renewal extends the legal protection of a registered mark for a further 10-year period, since trademark registration in India is not permanent and must be renewed indefinitely to remain valid. Failing to renew results in the mark becoming liable to removal from the register, though a 6-month grace period allows restoration with an additional late fee after the standard renewal deadline passes.

Renewal is filed using Form TM-R with the Trade Marks Registry, and unlike the original registration process, it doesn't require re-examination — the mark simply continues under its existing registration, provided the renewal is filed correctly and on time.

Renewal Timeline & Fee Structure

StageTimelineApplicable Fee
Early renewal windowUp to 1 year before expiryStandard renewal fee
Standard renewal deadlineOn or before the expiry dateStandard renewal fee
Grace period (restoration)Within 6 months after expiryStandard fee + surcharge/late fee
After grace periodMark removed from registerFresh application required (loses original priority date)

Step-by-Step Process to Renew

  1. 1
    Track your trademark's expiry date — 10 years from the original filing/registration date.
  2. 2
    File Form TM-R with the Trade Marks Registry, ideally within the early renewal window (up to 1 year before expiry).
  3. 3
    Pay the applicable government renewal fee per class.
  4. 4
    If the deadline has already passed, file within the 6-month grace period along with the surcharge for restoration.
  5. 5
    Registry processes the renewal request, confirming continued registration.
  6. 6
    Receive the Renewal Certificate, confirming the extended 10-year validity.
  7. 7
    Set a reminder for the next renewal cycle, ideally tracked well before the new expiry date.

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Trademark Renewal vs Related Trademark Steps

FactorTrademark RenewalTrademark RegistrationTrademark Restoration
When it appliesBefore/at expiry, every 10 yearsInitial filingAfter expiry, within grace period
Re-examination required?NoYes, full examination processNo, but requires surcharge
Priority date impactPreservedEstablishes original priority datePreserved if within grace period

Frequently Asked Questions

A trademark must be renewed every 10 years from the date of registration to continue enjoying legal protection — there's no limit on the number of times it can be renewed, so protection can continue indefinitely with timely renewal.

You have a 6-month grace period after the expiry date to file for renewal with restoration, along with an additional late fee — if this grace period also lapses, the mark is removed from the register and you'd need to file a fresh application, losing your original priority date.

Yes, renewal applications can be filed up to 1 year before the expiry date, and filing early is generally recommended to avoid any risk of missing the deadline due to processing delays.

No, renewal does not require re-examination — since the mark is already registered and valid, renewal simply extends the existing protection, provided the application and fee are filed correctly.

The registered proprietor (owner) of the trademark is responsible for tracking and filing renewal on time — the Trade Marks Registry does not send automatic reminders, which is why many businesses use professional services or reminder systems to avoid missing deadlines. ---

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Reviewed by our compliance team

CA/CS Panel, Seedan Group

This guide is reviewed by practicing Chartered Accountants and Company Secretaries at Seedan Group with hands-on experience in Indian business registration and compliance. Content is for general guidance and updated as regulations change.

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