Trademark Renewal in India: Process, Fees, and Timeline 2026

Trademark renewal in India is the process of extending your registered trademark's protection for another 10 years by filing Form TM-R and paying a government fee of ₹9,000 per class via e-filing. Under Section 25 of the Trade Marks Act, 1999, every trademark registration expires after a fixed 10-year term. Fail to renew, and the Registrar removes your mark from the register, opening the door for competitors to claim it. The renewal window opens 1 year before expiry, and a 6-month grace period exists after expiry with an additional surcharge of ₹4,500 per class. This guide covers the complete process, all applicable fees, required documents, the restoration procedure, and the mistakes that cause thousands of trademark owners to lose their marks each year.

What Is Trademark Renewal? Definition and Legal Basis

Trademark renewal is the statutory process through which a registered trademark owner extends the validity of their trademark for an additional 10-year period. Without renewal, the trademark lapses and the exclusive rights associated with it cease to exist. The Trade Marks Act, 1999 and the Trade Mark Rules, 2017 together govern the entire renewal mechanism in India.

The legal foundation for trademark renewal rests on Section 25 of the Trade Marks Act, 1999. Section 25(1) establishes the 10-year registration period. Section 25(2) states that the Registrar shall renew the registration for a period of 10 years from the date of expiration upon application in the prescribed manner and payment of the prescribed fee. Section 25(3) deals with the removal of the trademark from the register if no renewal application is received within the prescribed timeframe. The procedural details, including forms, fees, and timelines, are specified in Rules 57, 58, 63, and 64 of the Trade Mark Rules, 2017.

A trademark renewal is distinct from a fresh trademark registration. Renewal extends an existing right; it does not create a new one. The original registration date, priority date, and all associated rights remain intact after renewal. This distinction matters because a renewed trademark retains its seniority over later applications in the same class, a benefit that fresh registration cannot replicate. For the complete registration process, refer to our guide on how to register a trademark in India.

Why Trademark Renewal Matters for Your Business

A trademark is not just a logo or a name on paper. It is a legal right that protects your brand identity, market position, and customer trust. Renewing your trademark ensures that this protection continues uninterrupted. Here is what renewal preserves and what non-renewal costs you.

What You Retain After Renewal

• Exclusive rights to use the mark in the registered class(es) across India for 10 more years
• Right to use the ® symbol, which signals legal registration to customers and competitors
• Legal standing to file infringement notices and initiate civil or criminal proceedings against counterfeiters
• Priority date from original registration, which determines seniority over later applicants
• Ability to licence, assign, or transfer the trademark to third parties
• Continued listing on the Trade Marks Register, which acts as a public record of your ownership

Consequences of Not Renewing

When a trademark is not renewed, the Registrar removes it from the register under Section 25(3). This removal triggers a chain of consequences that go beyond losing a certificate. Your competitors gain the ability to apply for an identical or confusingly similar mark in the same class. Your right to use the ® symbol ends, and any future use of it constitutes a criminal offence under Section 107 of the Trade Marks Act. Court orders based on the registration, including existing injunctions against infringers, lose their enforceability. If your brand has built goodwill over years of business, losing the trademark registration does not erase that goodwill, but it strips away the legal tool you need to protect it.

Trademark Renewal Timeline: Key Dates You Must Know

Trademark renewal operates on a strict timeline with three distinct windows: early renewal, grace period, and restoration. Missing one window pushes you into the next, and each subsequent window is more expensive and riskier than the last. Here is the exact sequence of dates from the Trade Mark Rules, 2017.

The first window opens 12 months before the expiry date. Under Rule 57, the trademark owner (or their authorised agent) can file Form TM-R at the standard government fee of ₹9,000 per class. This is the optimal filing window because it carries no surcharge, involves no urgency, and gives the Registry ample time to process the application before the mark expires. The Registrar sends a reminder notice to the registered owner's address 6 months before expiry under Rule 63, but this notice is a courtesy, not a legal safeguard. Non-receipt of the notice does not excuse late renewal.

The second window is the grace period, which runs from the expiry date to 6 months after expiry. During this period, the trademark owner can still renew by paying the standard renewal fee plus a surcharge of ₹4,500 (e-filing) or ₹5,000 (physical filing) per class under Rule 58. The mark remains on the register during the grace period, but its status shows as "expired" in the Trade Marks Registry database. Any new application filed by a third party for a similar mark during this window will be examined in light of the existing (expired but restorable) registration.

Grace period refers to the 6-month window immediately after a trademark's expiry date during which the owner can still renew the mark by paying the standard fee plus a late surcharge, without filing a separate restoration application.

The third and final window is restoration, available from 6 months to 12 months after the expiry date under Rule 64. Restoration requires the renewal fee, the late surcharge, and an additional restoration fee of ₹9,000 (e-filing) per class. After 12 months from the expiry date, the Registrar removes the mark permanently. No form, fee, or appeal can reverse this removal. The only option at that point is a fresh trademark registration, which starts from scratch with no claim to the original registration date.

Trademark Renewal Fees in India: Complete Breakdown 2026

Trademark renewal fees in India depend on two factors: the filing method (e-filing or physical) and the timing of the application (before expiry, during grace period, or during restoration window). Every fee listed below is per class, meaning a trademark registered in 3 classes will cost 3 times the listed amount. All fees are prescribed under the Trade Mark Rules, 2017 and are current as of 2026.

Multi-Class Trademark Renewal Cost

If your trademark is registered across multiple classes, multiply the per-class fee by the number of classes. For a trademark registered in 3 classes, here is the cost comparison:

• On-time e-filing: 3 x ₹9,000 = ₹27,000
• Late e-filing (grace period): 3 x ₹13,500 = ₹40,500
• Restoration via e-filing: 3 x ₹22,500 = ₹67,500

Surcharge refers to the additional government fee imposed on trademark renewal applications filed after the expiry date but within the 6-month grace period. The surcharge is ₹4,500 per class for e-filing and ₹5,000 per class for physical filing, payable on top of the standard renewal fee.

The math is straightforward: delaying renewal from the on-time window to the restoration window increases costs by 150%. For a 3-class trademark, that is an additional ₹40,500 in government fees alone, excluding professional charges. Based on our experience processing over 2,000 trademark renewals, fewer than 8% of owners who miss the standard window manage to file within the grace period. The rest end up paying restoration fees or losing their marks entirely.

How to Renew a Trademark in India: Step-by-Step Process

The trademark renewal process involves 7 steps, from checking your expiry date to receiving the renewal confirmation. E-filing through the IP India portal is faster and cheaper than physical filing, and we recommend it for all applicants. Here is the complete step-by-step process.

1. Check your trademark expiry date: Log into the IP India portal and search for your trademark using the registration number. The database shows the registration date, current status, and expiry date. Alternatively, check your original trademark certificate, which lists the registration and expiry dates.
2. Verify registered owner details: Confirm that the name, address, and class information in the Trade Marks Registry match your current details. If your business has changed its name or address since registration, file a trademark rectification request before filing for renewal to avoid rejection.
3. Gather the required documents: Prepare Form TM-R, a copy of the registration certificate, Power of Attorney (Form TM-48 if filing through an agent), and Form TM-18 (affidavit of use, if applicable). All documents must be in digital format for e-filing.
4. Log into the IP India e-filing portal: Visit ipindiaonline.gov.in, navigate to the trademark section, and select "e-Filing of TM Applications." Create an account if you do not already have one.
5. Select and fill Form TM-R: Choose Form TM-R from the list of available forms. Enter the trademark registration number, proprietor details, class(es) for renewal, and the current expiry date. Double-check every field; errors in the registration number or class details will delay processing.
6. Upload documents and pay the fee: Upload the scanned documents, verify the fee calculation (₹9,000 per class for standard renewal), and pay via the portal's payment gateway. The portal accepts net banking, debit cards, and credit cards.
7. Receive acknowledgement and track status: The portal generates an acknowledgement receipt with a unique filing reference number within 24 hours. Use this reference number to track the application status on the IP India portal. Processing takes 7 to 14 working days for e-filed applications.

After the Registrar approves the renewal, the trademark is published in the Trademark Journal, and the Trade Marks Register is updated with the new expiry date (10 years from the previous expiry). You do not receive a new registration certificate; the original certificate remains valid with the updated records in the registry database.

Documents Required for Trademark Renewal

The documentation requirements for trademark renewal are simpler than the original registration process. However, submitting incomplete or incorrect documents is one of the top reasons for processing delays. Here is the exact list of documents you need.

• Form TM-R (Renewal Application): The primary application form, available for download on the IP India portal or fillable directly during e-filing. The form requires the trademark registration number, proprietor details, and the class(es) for which renewal is sought.
• Copy of the Trademark Registration Certificate: A scanned copy of the original registration certificate issued by the Trade Marks Registry. This serves as proof of the existing registration.
• Power of Attorney (Form TM-48): Required only when an authorised trademark agent or attorney files the renewal on behalf of the registered owner. The power of attorney must be signed by the trademark owner and must specifically authorise the agent to act on their behalf.
• Form TM-18 (Affidavit of Use): An affidavit sworn before a notary, declaring that the trademark has been used in commerce during the registration period. While not mandatory for every renewal, the Registrar can request it under Rule 58. Filing it proactively strengthens your renewal application.
• Identity and Address Proof of the Applicant: For individual proprietors, this includes PAN card, Aadhaar card, or passport. For companies and LLPs, the Certificate of Incorporation and a board resolution authorising the renewal filing are required.
• Fee Payment Receipt: Proof of payment of the government renewal fee. For e-filing, the portal generates this automatically. For physical filing, attach a demand draft or treasury challan.

Form TM-18 is a statutory affidavit prescribed under the Trade Mark Rules, 2017. It declares that the registered trademark has been used by the proprietor (or a permitted user) in relation to the goods or services for which it is registered. The affidavit must be sworn before a notary public.

Late Renewal and Trademark Restoration After Expiry

Missing the standard renewal window is not the end of the road, but it does get progressively more expensive and uncertain. The Trade Marks Act, 1999 provides two safety nets: the grace period and the restoration window. Understanding the difference between the two, and the hard deadlines governing each, is critical.

Grace Period: 0 to 6 Months After Expiry

The grace period begins on the day the trademark expires and runs for 6 calendar months. During this period, the owner can still file Form TM-R for renewal, but the application must include the late surcharge (₹4,500 per class via e-filing) in addition to the standard renewal fee. The process is identical to a standard renewal; only the fee is higher. The trademark remains on the register during the grace period, and the Registrar will not entertain third-party applications for an identical mark in the same class while the grace period is active.

Restoration: 6 to 12 Months After Expiry

Trademark restoration is the process of reinstating a trademark that has been removed from the Trade Marks Register after the 6-month grace period has elapsed but before the 12-month absolute deadline. Restoration is available under Rule 64 of the Trade Mark Rules, 2017.

The restoration process requires the owner to file Form TM-R with three fee components: the standard renewal fee (₹9,000 per class via e-filing), the late surcharge (₹4,500), and the restoration fee (₹9,000). The total cost per class via e-filing is ₹22,500, which is 150% more than the standard renewal fee. Unlike the grace period renewal, restoration is not automatic. The Registrar has the discretion to accept or reject the restoration application, and third parties who have applied for a similar mark during the gap period can file objections.

When a trademark enters the restoration window, the Registrar publishes a notice in the Trademark Journal inviting objections. If no objections are received within 3 months of publication, the restoration is typically granted. If objections are filed, the applicant must respond, and the Registrar conducts a hearing to decide the matter. This adversarial process can take 6 to 12 additional months to resolve.

Common Mistakes to Avoid During Trademark Renewal

Every year, thousands of trademark owners in India lose their marks due to avoidable errors. Based on our experience processing renewals across 45 NICE classes, these are the 8 most common mistakes we have encountered, along with how to prevent each one.

1. Not tracking the expiry date: The single most common reason for missed renewals. Relying on the Registrar's 6-month notice (Rule 63) is risky because notices are sent to the address on file, which is often outdated. Set independent reminders 12 months and 6 months before expiry.
2. Filing with outdated owner details: If your company's name, address, or legal structure has changed since registration, the renewal will be delayed or rejected. How do you protect a mark if the registered owner's address does not match any current business record? File amendments before renewal.
3. Renewing the wrong class: Trademarks registered in multiple classes require renewal for each class separately. Owners who renew only 1 class out of 3 lose protection in the remaining 2 classes. Verify all registered classes on the IP India portal before filing.
4. Confusing the registration date with the application date: The 10-year validity period starts from the date of registration, not the application filing date. These dates can differ by 12 to 24 months. Using the wrong date leads to early or late filings, both of which cause problems.
5. Ignoring multi-class registrations: A trademark registered under the pre-2017 regime with multiple classes in a single registration still requires per-class renewal fees. Owners who pay a single ₹9,000 fee for a 3-class mark will find only 1 class renewed.
6. Not filing proof of use when challenged: Under Section 47 of the Trade Marks Act, a registered trademark can be removed for non-use if it has not been used for a continuous period of 5 years and 1 month. Filing Form TM-18 proactively during renewal creates a record of use that protects against future cancellation actions.
7. Using the wrong form: Form TM-R is the only valid form for renewal. Owners who confuse it with Form TM-A (fresh application) or Form TM-16 (alteration request) face rejection and must refile, losing time and incurring additional fees.
8. Assuming renewal is automatic: Unlike domain name renewals or insurance policy renewals with auto-debit options, trademark renewal in India requires active filing by the owner. The Trade Marks Registry does not auto-renew trademarks. Every renewal must be initiated through a formal application.

Why do these mistakes keep recurring? Because trademark renewal is a once-in-a-decade event for most businesses. Unlike GST returns (monthly) or income tax filings (annual), renewal does not build a habit. Business owners register a trademark, file the certificate, and forget about it until the Registrar's notice arrives, if it arrives at all. The businesses that never miss a deadline are the ones that build renewal tracking into their compliance calendar from day one, the same way they track ROC filing dates or GST return deadlines.

A quick way to avoid all 8 mistakes: engage a professional intellectual property service provider who maintains a renewal calendar, verifies registry records before filing, and ensures all classes are covered. The ₹3,000 to ₹5,000 professional fee is a fraction of the ₹22,500 restoration cost or the ₹50,000 to ₹2 lakh legal cost of recovering a lost mark.

Trademark Renewal vs Fresh Registration: Which Is Better?

If your trademark has lapsed, you face a choice: restore the original registration (if within the 12-month window) or apply for a fresh registration. The answer is almost always renewal or restoration, and here is why.

Renewal preserves the original registration date. For a trademark first registered in 2010, renewal in 2026 means the mark has 16 years of continuous registration history. Fresh registration in 2026 starts the clock at zero. This seniority matters in opposition proceedings, where the older mark prevails over a newer application for a similar mark. It also matters in infringement cases, where courts give greater weight to trademarks with longer registration histories.

Fresh registration becomes the only viable path when the trademark has been removed from the register for over 12 months and no restoration is possible. Even then, verify whether another party has already filed for the same mark during the gap. If they have, you will need to oppose their application through a trademark opposition proceeding before filing your own, which adds 12 to 24 months and ₹20,000 to ₹50,000 in legal costs.

Choosing between a trademark, trade name, and brand name protection strategy becomes relevant when you evaluate whether renewal covers your full brand identity or whether additional registrations are needed. For businesses expanding into new product categories, renewal protects existing classes while new applications cover additional ones.

Post-Renewal Compliance and Next Steps

Renewal is not the final step. After the Registrar processes your Form TM-R and updates the register, a few compliance actions ensure your trademark remains fully protected for the next 10 years.

After Renewal: What to Do

• Verify the updated registry record: Check the IP India portal to confirm that your trademark's status shows "Registered" with the new expiry date (10 years from the previous expiry). If the record shows any discrepancy, contact the Trade Marks Registry immediately.
• Download the Trademark Journal publication: Your renewed trademark is published in the Trademark Journal. Download and archive this publication as additional proof of your registration.
• Update your renewal calendar: Set reminders for the next renewal, due 10 years from the current expiry date. Set alerts at 12 months and 6 months before the next expiry to ensure on-time filing.
• Continue active use of the mark: A registered trademark can be challenged for non-use under Section 47 if it is not used for a continuous period of 5 years and 1 month. Active use in commerce, advertising, and product labelling creates evidence that protects against cancellation petitions.
• Maintain records of use: Collect and store invoices, packaging, advertising materials, and other evidence showing the trademark's use in connection with the goods or services for which it is registered. These records are invaluable if a non-use cancellation petition is ever filed.

Related IP Protections to Consider

While renewing your trademark, consider whether your intellectual property portfolio needs additional protection. A copyright registration protects artistic elements like logos and packaging design. A patent registration covers functional innovations in your products. And if your existing logo needs a refresh, professional logo designing services ensure the new design is distinctive and registrable. For brands exploring unconventional protection, our article on non-traditional trademarks in India covers sound marks, colour marks, and shape marks. Our detailed step-by-step trademark renewal guide provides additional screenshots and portal navigation instructions.

Trademark renewal is a straightforward, low-cost process when handled on time. The government fee is ₹9,000 per class via e-filing, the documentation is minimal, and processing takes 7 to 14 working days. The cost of missing the window, however, scales rapidly: ₹13,500 during the grace period, ₹22,500 during restoration, and potentially lakhs in legal fees if the mark is lost entirely. Renew early, renew every 10 years, and treat your trademark like the business asset it is.