Your registered trademark protects your brand identity, builds customer trust, and prevents competitors from using your hard work. This legal protection does not last forever.
Many business owners assume that once their trademark is approved, their brand is secure indefinitely. This is incorrect. If you miss the renewal deadlines, you lose your exclusive rights entirely, leaving your brand vulnerable to theft or infringement.
You must navigate the trademark renewal process to maintain continuous protection for your business. Missing deadlines can result in hefty fines, legal complications, and the potential loss of your brand name.
This guide will help you understand the renewal timeline, the specific fees involved, and exactly what steps you need to take.
When Does a Trademark Expire in India?
Under the Trade Marks Act, 1999, a trademark registration in India is valid for exactly 10 years. The 10-year period is calculated from the original filing date of the application, not from the date the certificate was issued.
For example, if you filed your trademark application on March 1, 2016, but it was formally registered on August 15, 2017, your trademark will expire on March 1, 2026.
Why Trademark Renewal Is Critical
If your trademark lapses, your brand instantly loses its legal protection. Competitors can adopt your brand name and register it for themselves. You lose the ability to sue for infringement, and reclaiming your rights could require expensive litigation.
A lapsed trademark also negatively impacts your business valuation. Investors and potential buyers examine intellectual property portfolios closely. A gap in your trademark protection signals poor management and introduces unnecessary risk.
How to Renew a Trademark in India - Step by Step Process
The renewal process is straightforward if managed correctly, but requires attention to detail.
Step 1: Check renewal due date
You can initiate the renewal process 6 months before your expiration date. Taking advantage of this window prevents last-minute complications and ensures any administrative issues can be resolved before your protection lapses.
Step 2: File Form TM-R with IP India
You must file Form TM-R with the Indian Trademark Registry. This form applies whether you are renewing an active trademark or attempting to restore one that recently expired. You will need your trademark application number, the class under which it was registered, and proof of authorization if an agent is filing on your behalf.
Step 3: Pay renewal fees
You must submit the required government fees along with Form TM-R. The registry encourages electronic filing (e-filing), which is faster and slightly cheaper than submitting physical documents. Your application will not be processed until the fee is cleared.
Step 4: Confirmation of renewal
The registry will review your application. If everything is in order, they will issue a renewal certificate, extending your trademark protection for another 10 years. You should check the online trademark status to ensure the registry updates your mark to “Renewed.”
Trademark Renewal Fees in India (2026)
The government fees for trademark renewal depend on the type of applicant and the method of filing. The fees listed below are per class. If your trademark spans multiple classes, you must pay this fee for each individual class.
Applicant Type | E-Filing Fee (per class) | Physical Filing Fee (per class) |
Individual / Startup / SME | ₹9,000 | ₹10,000 |
Company / LLP | ₹18,000 | ₹20,000 |
Note: These are standard government fees and do not include professional service charges if you hire an attorney.
What Happens If You Miss the Renewal Deadline?
If the 10-year deadline passes and you have not filed Form TM-R, the trademark registry will issue a notice to the registered proprietor (an O-3 notice, which is a formal warning about impending removal). If you still fail to respond or pay the fees, your trademark will be officially removed from the Trade Marks Register.
Once removed, your brand is legally unprotected. Any person or business can apply to register your exact name or logo.
How to Restore a Lapsed Trademark
Missing the deadline does not mean your brand is lost forever, provided you act quickly. The government offers a 1-year grace period starting from the date of expiration. During this time, you can apply for restoration of your trademark.
To restore a lapsed trademark, you must file Form TM-R along with the standard renewal fee, plus a mandatory government surcharge for late filing. The longer you wait within this grace period, the higher the risk that the registry might formally abandon the mark.
If the full 1-year grace period passes without any action, the trademark is permanently removed, and you must start the application process entirely from scratch.
Trademark Renewal vs Re-registration - Key Difference
Renewal is vastly superior to re-registration. When you renew or restore a trademark, you retain your original filing date. This date establishes your priority over other similar marks.
If you let the mark die and file a new application (re-registration), you lose that historical priority. A new application goes through the entire examination and opposition phase again, meaning a competitor could legally object to your new filing.
Protect Your Brand's Future
Your trademark is the face of your business, and securing its continuous protection is essential. Missing a deadline can unravel years of brand-building.
Let Altacit Global manage your trademark renewal, we track deadlines so you don’t have to. Our experienced team of intellectual property experts ensures that your renewals, restorations, and portfolio management are handled efficiently and accurately. Contact Altacit Global today to secure your brand’s future for the next decade.
You can also explore our Intellectual Property Services to discover how Altacit Global can help protect your future, or dive deeper with our complete guide to Intellectual Property Law in India.
Frequently Asked Questions - Trademark Renewal India
1. How early can I renew my trademark in India?
You can file for renewal up to 6 months before the official expiration date. Taking advantage of this 6-month advance renewal window is recommended to ensure continuous protection.
2. Can I renew a trademark if the registered owner has died or the company name changed?
Yes, but you must first update the trademark registry with the new legal owner’s details using Form TM-P before or alongside your renewal application.
3. Do I need to show proof of use when renewing my trademark?
India does not require you to submit an affidavit of continuous use during the standard renewal process. However, if a third party challenges your trademark for non-use, you will need evidence to defend it.
4. Can the registry refuse my renewal application?
Generally, if you file Form TM-R accurately and pay the correct fees on time, the registry will not refuse the renewal. Refusals usually only happen if there are major discrepancies in the applicant’s details or if the fees are not paid.
