Trademarks are graphically depicted marks that aid in identifying the corporation or individual that created the products or services. These trademarks may be registered with the Trademark Registry Offices under the Trademark Act of 1999. Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad are the five trademark registry offices in India. When a trademark is licensed, the owner of the trademark has exclusive rights to use it and is legally shielded from those infringing on those rights. A 10 years limitation period applies to registered trademarks. If a trademark is not used for 5 years, it can be revoked at another party’s request. Every ten years, the trademark holder has the option to extend the trademark forever.

The Registrar gives the trademark holder a 6 month window until the end of the 10 years span to renew their trademark and continue to enjoy the rights granted. If an individual fails to renew a trademark, the Registrar will publish an advertisement in the Trademark Journal stating that the trademark will be removed. If the trademark is not renewed after the ten-year span, the owner has the option of restoration, which is the same as a renewal but with a penalty.


When a trademark has been licensed, it must be renewed every 10 years.[i] Failing to the trademark renewal, the trademark becomes liable to be withdrawn from the Registry of Trademarks.[ii] A trademark renewal application must be filed using Form TM-R and accompanied by the prescribed fee (INR 9000 per class if done electronically or INR 10000 per class if done physically)[iii] within one (1) year prior to the expiration of the mark’s registration.[iv] If the required fee and Form TM-R are not submitted, the trademark may indeed be withdrawn from the Register.

If no application for trademark renewal is lodged with the required fee, the Registrar shall issue a notice to the trademark owner at the prescribed address of service reminding them of the renewal deadline. The notification must be submitted no later than 6 months before the registration expires.[v] It is worth remembering that the trademark can only be dropped from the Register after the Registrar has issued such a notice to the proprietor.

When a trademark registration is due for renewal, and the trademark is registered within six months of the renewal due to date[vi], or after the renewal due date[vii], the trademark registration can be renewed by paying the required renewal fee within six months of the actual date of registration.[viii]

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The ramifications of failing to renew the trademark are severe. The Registrar may remove the mark from the Register if no application for renewal has been filed or if the fee for renewal has not been paid by the proprietor. Before the removal of a trademark from the Register, the Registrar must first notify his intention to do so by publishing a notice of removal in the trademark journal.

Failure to renew the trademark affects not only the owner but also all those who have been granted or approved the trademark. It also has an effect on your legal rights. By failing to renew your trademark, you are weakening your legal status. The value of a registered trademark is exclusivity. You are protected from infringement allegations if you register your trademark.

The most critical advantage of renewal is that it prevents anyone from using your trademark. The Trademark Act is sympathetic to the proprietor’s plight and has thus provided a second opportunity to renew the trademark paying the surcharge in a specified time.


When a trademark owner fails to renew the trademark before it expires, there is a clause that allows an application under Form TM-R to be filed within six months of the expiration of the trademark registration, with a surcharge of INR 4,500 per class if done electronically or INR 5,000 per class if done physically in addition to the required renewal fee.[ix] Therefore, the cost of trademark renewal with surcharge is INR 15,000 per class if done physically or INR 13,500 per class if done electronically.

Note: If no application is filed during the six-month grace period following the expiration of the trademark registration, the trademark is considered to have expired and will be withdrawn from the Registry.


It is possible that an individual neglects to renew their trademark within the specified time frame. In such cases, don’t fear; there is still an alternative. If a trademark is not renewed, one can then apply for restoration of a trademark as permitted under Section 25 (4) of the Trademark Act of 1999, which enables individuals to apply for trademark restoration. Following receipt of applications to renew or restore the trademark, the Registrar will re-advertise the mark and invite complaints from anyone who believes the trademark should not be renewed or restored. If no questions are posed after the required waiting period has passed, the mark will be entered into the trademark registry.

Only one year after the registered trademark has expired may it be restored. The cost of restoring a trademark is an additional 10,000 rupees per class if done physically or an additional 9000 rupees per class if done electronically, in addition to the renewal fee.[x] Therefore, the cost of restoring a trademark is INR 20000 per class if done physically, or INR 18000 per class if done electronically.


OWNERSHIP RIGHTS EXTENSION: It is possible to obtain immunity from infringement of trademark rights. With each extension, the trademark’s exclusive rights are renewed for another ten years. As a result, it ensures that the brand and the reputation associated with it are protected indefinitely.

SAFEGUARD YOURSELF FROM FRIVOLOUS LAWSUITS: It is possible to have a trademark that is fully protected without the risk of litigation. Renewal of trademarks makes it impossible for anyone other than the trademark owner to claim ownership.

SECURITY FOR BRAND NAMES: Renewal of a trademark ensures that the brand name is protected indefinitely. Failure to renew the trademark will result in the loss of legal rights for the Brand name.

RETURNS ON INVESTMENT: In exchange for monetary compensation, a trademark owner has the sole right to grant or license the mark to someone else. As a result, a registered trademark may also be profitable.

ATTRACTS THE MOST PRODUCTIVE INDIVIDUALS: When you renew your trademark, it helps to promote your company’s vision, brand name, and distinctive characteristics. Naturally, bright young minds would want to be associated with a well-known brand.


  1. Proof of Applicant: The applicant’s photo ID (PAN) and proof of address
  2. Trademark Certificate: Trademark Registration certificate issued by the Registrar.
  3. Power of Attorney: If the applicant is an authorized representative or agent or if anyone else is filing your trademark renewal application with the Registry on your behalf, you’ll need a power of attorney.
  4. Copy of TM-A: a copy of the trademark registration application form

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There are two forms of trademark renewal:

  • The registered trademark’s sign or logo has been altered or modified.
  • The trademark is not altered in any way during the application process.

The following is a simplified procedure:


If you are a licensed proprietor, you must submit Form TM-R to apply for trademark renewal. You must fill out Trademark Form TM -R to renew your trademark. Make sure it’s filed under the same person’s name as the trademark registration. Additionally, be careful when filing TM-R to avoid making a mistake later.


The next step is to pay the necessary fees to the Trademark Department after the application has been properly lodged. The renewal fees for trademarks are divided into classes.


After filing a trademark renewal application, it is important to check the status of the renewal application at regular intervals before the Registrar processes it. The applicant must complete a number of time-bound acts or responses in order to renew their trademark. Hence, it is important to take the necessary steps before the registration is complete, as well as to review the status of the application on a regular basis.


The Trademark Journal is the official gazette of the Trademark Office (Registrar). If a trademark registration application is filed and the Trademark Examiner finds the application to be legitimate, the trademark will be published in the Trademark Journal. During the period in which the application is marketed, third parties have the opportunity to object to the mark’s registration.


The Registrar of Trademark then issue a certificate of renewal of trademark in the name of the trademark owner once the requirements have been met.


  • You can file the application yourself or have your designated agent do it for you.
  • In support of your assertion, you must apply the Form TM-18 along with an affidavit.
  • It’s important to keep track of the application’s progress and take the necessary steps before it’s registered.
  • If you plan to file a physical trademark application, you must pay a trademark renewal charge of Rs 10,000. Otherwise, you can always opt for E-filing with a renewal charge of Rs 9,000.
  • It is recommended that you seek legal assistance when filing for trademark renewal to ensure that your trademark is well secured.
  • Filing a trademark registration application extends the life of your trademark for another ten years without interruption, but you must renew it before it expires.


India’s reputation as a business destination is rising by leaps and bounds. The demand for trademark registration is increasing as a result. Since trademarks must be renewed every ten years, we can expect to see an even greater increase in the no. of trademarks registered in India over time. The trademark renewal should be filed as soon as possible after the mark’s expiration date. To be precise, at least six months before. To enjoy continuous trademark rights without the risk of litigation, the trademark renewal application form should be prepared and filed before the deadline. This can seem insignificant, but many businesses fail to renew their trademarks on a regular basis. Renewal is imperative given the value of a trademark to a company.

[i] Section 25, the Trade Marks Act of 1999.

[ii] Rule 58 (2), Trade Mark Rules 2017.

[iii] First Schedule (3), Trade Mark Rules 2017.

[iv] Rule 57, Trade Mark Rules 2017

[v] Rule 58 (1), Trade Mark Rules 2017

[vi] Rule 58 (2), Trade Mark Rules 2017

[vii] Rule 58 (3), Trade Mark Rules 2017

[viii] Section 25 (3), the Trade Marks Act of 1999.

[ix] Section 25 (3), the Trade Marks Act of 1999; First Schedule (4), Trade Mark Rules 2017.

[x] First Schedule (5), Trade Mark Rules 2017.

For more information, please contact us on or call us Mb. No. 85100 58386 or 9310 717274.