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Trademark Renewal

Trademark renewal under Section 25 of the Trade Marks Act 1999: Form TM-R filing on the IP India portal, ideally 6-12 months before expiry. Grace period within 6 months of expiry with surcharge. Restoration up to 12 months post-expiry. After that, the mark is gone.

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The Renewal Workflow.

Three stages, typically 3-6 months end-to-end. The renewal application can be filed up to 1 year before expiry. Filing late triggers surcharge (within 6 months) or restoration (within 12 months). After that, the mark is removed and the brand is at risk.

Stage 1
Pre-expiry window opens
Registry sends the O-3 Notice approximately 6 months before expiry, often to outdated addresses, so most proprietors miss it. Renewal can be filed any time from 1 year before the expiry date. We calendar the date at certificate issuance and act inside this window.
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Stage 2
Form TM-R filing
Form TM-R filed online on the IP India e-filing portal under Rule 63 of the Trade Marks Rules 2017. Government fee paid: ₹9,000 per class (e-filing) or ₹10,000 (physical). Filed before expiry, no surcharge. After expiry, within 6 months: +₹4,500 surcharge per class.
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Stage 3
Registry processing & certificate
Registry verifies the application. Simple cases process in 7-14 working days; objections or restoration cases take 3-6 months. Renewal Certificate issued and entered in the Register. Validity extended by another 10 years. New renewal date calendared for next cycle.
↺ Repeats every 10 years per mark per class, indefinitely. No limit on renewals. A trademark renewed continuously stays a registered asset of the company. Diligence and licensing benefits compound over time.

What Is Trademark Renewal?

Trademark renewal is the statutory process of extending the protection of a registered trademark beyond its initial 10-year validity period under Section 25 of the Trade Marks Act 1999. A trademark in India is valid for 10 years from the date of filing (not the date of registration). Renewal extends protection for successive 10-year terms, with no limit on the number of renewals. Trademarks that have been continuously renewed for 50, 100, or 150 years exist in India, registration is a perpetual right as long as renewals are filed on time.

The process is filed under Rule 63 of the Trade Marks Rules 2017 using Form TM-R on the IP India e-filing portal. The application can be filed up to 1 year before the expiry date; ideally filed 3-6 months before expiry to give the Registry processing time. Government fee is ₹9,000 per class for e-filing or ₹10,000 for physical filing. Multi-class registrations require the fee paid per class.

Three windows after expiry, costs rise sharply

If the expiry date passes without renewal, three recovery windows exist under the Act. Window 1, Grace period (0-6 months after expiry, Rule 58): renewal still possible by filing Form TM-R with a ₹4,500 surcharge per class, total ₹13,500. Window 2, Restoration (6-12 months after expiry, Rule 64): the mark is removed from the Register but can be restored by filing Form TM-R with the renewal fee, surcharge, and an additional restoration fee, total approximately ₹22,500 per class. Restoration is at the Registrar's discretion and a justification is required. Window 3, Beyond 12 months: the mark is permanently removed; refiling as a new application is required, with the priority date lost and third-party rights potentially intervening.

Why renewal discipline matters

The cost of missing a renewal scales from ₹9,000 (on time) to ₹13,500 (grace period) to ₹22,500 (restoration), and potentially several lakhs if the mark is lost and rebuilding the brand under a refile becomes necessary. The Registry's O-3 Notice (sent ~6 months before expiry) is the only formal reminder, and it is often sent to outdated addresses, so most lapses are caused by the proprietor not seeing the notice in time. A renewal calendar maintained by your IP advisor, with alerts at 6 months, 3 months, and 1 month before expiry, prevents the entire cost escalation.

What Gets Done Each Cycle.

Six activities across the renewal workflow. From pre-expiry calendar to renewal certificate, plus recovery paths if expiry has already passed.

Renewal calendar & alerts
Pre-filing
10-year renewal date calendared at certificate issuance. Alerts at 6 months, 3 months, and 1 month before expiry. Registry's O-3 Notice tracked. Multi-class portfolios consolidated into a single renewal schedule.
Pre-filing review
Pre-filing
Trademark status verified on IP India portal. Proprietor details, address for service, and class(es) reconciled with current records. Any pending Registry communications (assignment, change of address) cleared before renewal filing.
Form TM-R filing
Filing
Form TM-R filed online under Rule 63. Registration number, proprietor, classes, and supporting documents submitted. Government fee paid: ₹9,000 per class (e-filing). SRN issued same day. Filing confirmation downloaded for records.
Grace period filing
If expired
If expiry has already passed but within 6 months, Form TM-R filed under Rule 58 with surcharge of ₹4,500 per class. No restoration petition needed in this window. Mark protected continuously through the grace period.
Restoration petition
If 6-12 months expired
If 6-12 months past expiry and mark is removed from Register, Form TM-R + restoration fee + justification petition filed under Rule 64. Restoration is at Registrar's discretion. Third-party filings during gap reviewed for conflict.
Certificate & next-cycle calendar
Post-grant
Renewal Certificate downloaded and handed over. Registry entry verified. Next renewal date (10 years from previous expiry) calendared. Opposition watch optional. Portfolio status updated for diligence-ready maintenance.

When You Need Us to Handle This.

Trademark renewal is procedurally simple but the cost of missing the window scales rapidly. Here's when professional handling pays back and when DIY filing works.

Get help if
  • Your trademark has expired and you're in the grace period or restoration window. Late renewals require Form TM-R with surcharge (grace period) or restoration petition (6-12 months past expiry). Procedural mistakes here lead to permanent loss. Get the correct form, fee, and petition language right the first time.
  • You have a multi-class trademark or portfolio of multiple marks. Each mark has its own expiry date; each class on a mark has its own fee. Tracking and filing renewals across a portfolio without a system is how marks lapse. We consolidate the calendar and file in batches.
  • Your proprietor details have changed since registration. Company name change, address change, or assignment to a new owner must be reflected on the Registry record before renewal. Filing a renewal under outdated proprietor details creates downstream enforcement and licensing problems.
  • You're planning to license or sell the trademark soon. Licensees and acquirers will scrutinise renewal continuity during diligence. A clean renewal trail (filed before expiry every cycle, no grace-period filings, no restoration history) materially affects valuation and licensing terms.
  • You missed the renewal entirely and need to assess whether refiling is viable. Beyond the 12-month restoration window, the mark is removed permanently. Whether to refile (with priority date lost) or rebrand depends on competing marks filed during the gap. This needs strategic legal review, not procedural filing.
Consider DIY if
  • You have a single-class trademark with no changes since registration. A clean, on-time, single-class renewal can be filed directly on the IP India portal. The Form TM-R interface is functional; the ₹9,000 e-filing fee is paid online. No surcharge, no restoration, no review needed.
  • You filed the original registration yourself and have access to the original credentials. Self-filers with their own IP India portal login and access to the original SRN can typically self-renew. Login recovery and address verification are otherwise the main friction points.
  • You have an in-house IP team or work with a trademark attorney. Established IP teams have renewal calendars and Registry relationships. We typically support portfolio overflow, restoration cases, and complex proprietor-change-before-renewal scenarios.
  • You're actively considering abandoning the brand or pivoting. Renewing a trademark you no longer plan to use commercially is wasteful (and the mark is vulnerable to non-use cancellation under Section 47 after 5 years of non-use anyway). If the brand is truly inactive, let it lapse.

How We Work.

Six commitments. A CA-led IP team with a registered Trademark Agent (lawyer) on staff, handling your renewals proactively across multi-class portfolios, with restoration capability if the window has passed.

Multi-stage renewal alerts
Renewal date calendared at certificate issuance. Automated alerts at 6 months, 3 months, and 1 month before expiry. Registry O-3 Notice tracked separately. Portfolio-level calendar for multi-mark, multi-class clients consolidated into one view.
Form TM-R filed 3-6 months before expiry
Renewal filed 3-6 months before expiry by default, well inside the 1-year pre-expiry window. No grace-period surcharges, no restoration costs, no Registry processing pressure. A clean renewal trail compounds value at diligence time.
Proprietor record reconciliation
Before renewal filing, Registry record reconciled with current company name, address, and classes. Pending assignment, change-of-address, or address-for-service updates cleared first. Renewal filed against accurate records prevents licensing and enforcement gaps.
Restoration petition with documented justification
For marks 6-12 months past expiry, restoration petition filed under Rule 64 with detailed justification. Discretion of Registrar argued on the record: continued use, business circumstances, lapse cause. Most petitions succeed when justification is properly documented.
Registry hearing representation if required
Restoration hearings or Registry queries on lapsed marks handled by a registered Trademark Agent (lawyer) on our staff. Hearings at Mumbai, Delhi, Chennai, Kolkata, Ahmedabad attended via video conference where permitted; in-person where required.
Portfolio renewal dashboard for diligence
Every mark in your portfolio: registration number, classes, expiry date, status (active, in grace, restored), and next renewal date. Diligence-ready snapshot for fundraises, M&A, and licensing discussions. No mark lapses unnoticed.

What Happens If You Miss Renewal.

The cost of missing renewal scales rapidly: from ₹9,000 on time, to ₹13,500 in grace, to ₹22,500 in restoration, to brand loss. Each step is reversible, until you cross the 12-month restoration limit. Reference table below.

Risk if unregistered
Likelihood
Commercial impact
Filed before expiry (Rule 63)
Baseline
₹9,000 per class e-filing. No surcharge. Renewal certificate in 7-14 working days.
Grace period (0-6 months past expiry, Rule 58)
Recoverable
₹13,500 per class (₹9,000 + ₹4,500 surcharge). Mark protected through the window.
Restoration (6-12 months past expiry, Rule 64)
Discretionary
~₹22,500 per class. Petition with justification. Registrar may approve or refuse.
Third-party filing during the gap
Medium
Competitors or squatters may file your mark once removed. Diligence and reclaim cost added on top.
Beyond 12 months past expiry
Permanent
Mark removed. Only path is refile as new application; priority date lost.
Refile after permanent removal
Required if mark lost
New Form TM-A filing, ₹4,500-9,000 per class + 8-18 month timeline + opposition risk again.
Cost escalation reads like a penalty curve: on-time filing ₹9,000, grace period ₹13,500, restoration ~₹22,500, beyond 12 months several lakhs of brand rebuild cost. The cheapest, by far, is the on-time renewal with a properly maintained calendar.

Frequently Asked Questions.

Renewal can be filed any time from 1 year before the expiry date of the registration. We typically file 3-6 months before expiry: enough buffer for any Registry queries, but not so early that the application becomes premature. The 10-year validity is calculated from the date of filing of the original application, not the date of registration.
Government fee for renewal under Form TM-R: ₹9,000 per class via e-filing or ₹10,000 per class via physical filing. For multi-class registrations, the fee is paid per class. If filed within the 6-month grace period after expiry, an additional ₹4,500 per class surcharge applies. Restoration after the grace period adds approximately ₹9,000 per class on top. Professional fees are separate.
Three windows. Within 6 months past expiry (Rule 58): Form TM-R can be filed with the standard renewal fee plus a ₹4,500 surcharge per class. The mark stays protected through the grace period. 6-12 months past expiry (Rule 64): the mark is removed from the Register, but restoration is possible by filing Form TM-R with renewal fee, surcharge, and restoration fee, plus a justification petition at the Registrar's discretion. Beyond 12 months: the mark is permanently removed; refiling as a new application is the only path, with priority date lost.
For straightforward, on-time renewals: 7-14 working days from filing to Registry confirmation. Overall, including any verification queries, 3-6 months. Grace-period filings take similar time, with the surcharge processed alongside. Restoration cases take longer (3-6 months) because the Registrar exercises discretion and may schedule a hearing. The renewal certificate is downloaded from the IP India portal once issued.
Registration is the initial process of filing Form TM-A to register a new mark, including search, examination, journal publication, and opposition window. It takes 8-18 months for a straightforward filing. Renewal is the recurring process of extending an existing registration for another 10-year cycle. It uses Form TM-R, has no examination or journal publication step, and takes 7-14 working days for clean cases. Renewal is procedurally simple but the cost of missing it scales rapidly.
The O-3 Notice is a formal reminder sent by the Trade Marks Registry approximately 6 months before the expiry date of a registered trademark, notifying the proprietor that renewal is due. The notice is sent to the address on record. Most lapses we see are caused by the proprietor not receiving the O-3 Notice, the address on record is outdated (post-incorporation address change, office relocation, etc.). The O-3 Notice is not a substitute for a maintained renewal calendar; treat it as a backup.
Unlimited. Section 25 of the Trade Marks Act 1999 allows successive renewals for 10-year terms indefinitely. There is no maximum. Indian trademarks renewed continuously for 50, 75, even over 100 years exist in the Register. The trademark remains a registered, enforceable asset as long as renewals are filed and the mark is in continuous use. Marks not in use for 5+ years may be vulnerable to non-use cancellation under Section 47, but that is separate from renewal.
Yes, but the assignment or proprietor change must be reflected on the Registry record before filing the renewal. Steps: (1) file the assignment or change-of-name application separately on the IP India portal; (2) wait for the Registry to update the record; (3) then file Form TM-R as the new proprietor. Filing renewal under outdated proprietor details creates downstream enforcement and licensing problems and may be challenged. We coordinate the proprietor update plus the renewal filing for clients with such changes.
Minimal documentation for a clean renewal. Required: (1) original Registration Number; (2) Form TM-R completed online; (3) government fee receipt. Optional supporting documents: power of attorney (if filed through an agent), affidavit of continuous use (rarely required but useful for restoration cases), and a copy of the original registration certificate. For multi-class portfolios, a consolidated tracking sheet helps. No work samples, no business proofs, no GST/PAN documents are needed for renewal.
Renewal in India extends Indian protection only. Madrid Protocol filings (international applications under the WIPO Madrid System) are renewed separately under the Madrid framework, typically on a 10-year cycle aligned with WIPO's schedule. For trademarks filed under the Madrid Protocol with India as the base, the Indian renewal must be filed first; the international designations then renew under WIPO's process. Country-by-country direct filings each have their own renewal calendars. We track international portfolios as part of standing engagement.
Renewal extends the formal protection, but non-use cancellation under Section 47 of the Trade Marks Act allows a third party to seek removal of a mark that has not been used in commerce for a continuous period of 5 years and 3 months. Renewal does not protect against this. If you are renewing a mark that has been inactive, evidence of intent to use (or actual use in any class) becomes valuable. For genuinely abandoned brands, renewal is wasteful, the mark is vulnerable regardless.
Pricing depends on: (1) number of classes being renewed; (2) portfolio size (single mark vs multi-mark); (3) timing, on-time, grace period, or restoration scenarios; (4) any proprietor changes needed before filing. A single-class, on-time renewal is in a predictable range. Restoration with petition + multi-class portfolios with proprietor changes are higher. Standing portfolio management on a recurring engagement is typically the most cost-effective for clients with multiple marks. Reach out for an exact quote.

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