Trademark Renewal in India: Form TM-R, Grace Period and Restoration
Renew your registered trademark on time, or restore it if the date has passed, so your brand protection continues without a gap.
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Trademark renewal is the filing that keeps a registered trademark alive in India beyond its ten-year term. It is needed by every brand owner whose registration is approaching expiry, and by owners whose registration has already lapsed and who now need to renew with a surcharge or apply for restoration. The application goes to the Trade Marks Registry in Form TM-R, and the new term runs from the date the previous one ended, not from the day you file. Because a mark can be removed from the register once the grace period passes, dates matter more here than drafting. Our team checks the status on the register, files the correct application and tracks the next renewal for you.
Who provides this service: our team of Company Secretaries and compliance specialists.
Who Needs Trademark Renewal?
- Brand owners whose trademark registration is approaching the end of its ten-year term
- Businesses that discovered their registration has passed the expiry date and need to renew with a surcharge
- Owners whose mark has been removed from the register and who want to explore restoration
- Companies holding several marks or classes that want one dated schedule for every renewal
- Businesses that changed their legal form or name since registration and need the record corrected before renewing
Key Benefits
- A status check on the register first, so we confirm the real expiry date, the class and the current owner before anything is filed
- Clarity on which window you are in: advance renewal, renewal with surcharge after expiry, or restoration of a removed mark
- One application covering each registration you hold, so a portfolio of marks and classes does not fall out of step
- Correction of owner name, address or entity details so the renewed record matches your present business
- A renewal reminder set for the next term, so the date is not left to memory a decade from now
- Plain advice on the risk of waiting, because a removed mark can be applied for by someone else
How It Works
Check the register and the expiry date
We search the Trade Marks Registry record for your mark, confirm the registration date, the expiry date, the class and whether the proprietor details on record are still correct and complete.
Decide the filing window
Depending on the date, the renewal is filed in advance, filed after expiry with a surcharge, or treated as a restoration of a mark already removed. We explain the position and the cost components in writing.
Update the owner record if needed
If the owner has changed name, converted to a company or assigned the mark, the Registry record has to reflect that. We sort out the record first so the renewal is not questioned or delayed.
File Form TM-R online
We prepare the application for each registration, attach the authorisation where we file on your behalf, pay the official fee and surcharge, if any, and share the filing acknowledgement with you.
Follow up and obtain the renewal certificate
We monitor the application on the Registry system, respond to any query raised and collect the renewal certificate or order once it is issued, then file it in your trademark records.
Set the next renewal reminder
We note the new expiry date and the earliest date the next renewal can be filed, and send reminders ahead of it, so the next cycle begins with plenty of time in hand.
Documents Required
- Trademark registration certificate or the application number and registration number of the mark
- Name of the present proprietor and, if it has changed since registration, the supporting document such as a name-change certificate, incorporation certificate or assignment deed
- Current address of the proprietor for service of notices from the Registry
- Details of the class or classes and the goods or services covered by each registration
- Authorisation in favour of our team to file and represent, where we act as your agent
- Copy of the last renewal certificate, if the mark has been renewed once before
- Digital signature of the signatory or a signed authorisation, as the filing route requires
- For restoration, a short explanation of why the earlier renewal was missed, if the Registry asks for it
Timeline and Fees
Indicative timeline: Filing can usually be completed within a few working days once the status check is done. Processing and the renewal certificate depend on the Trade Marks Registry and can take a few weeks to a few months.
Professional fee: Our professional fee depends on how many registrations and classes are being renewed, whether the mark is still within time or needs a surcharge or restoration, and whether the owner record needs updating first. Official fees and surcharges are paid at actuals, so please contact our team for a written quote.
What Can Go Wrong if This Is Missed or Done Incorrectly
- Renewing after the expiry date adds an official surcharge, and the cost rises the longer the filing is delayed
- A mark that is not renewed within the permitted periods can be removed from the register, ending the statutory protection that came with registration
- Once a mark is off the register, another party may apply for the same or a similar mark, which can block your own future use
- An outdated owner name or address on record can lead to queries at the Registry or missed notices that affect the renewal
Frequently Asked Questions
How long is a trademark valid in India before renewal?
A registered trademark in India is valid for ten years from the date of registration, and each renewal extends it by a further ten years. There is no limit on the number of renewals, so a mark can stay protected for as long as it is renewed on time and remains in use.
How early can I file a trademark renewal?
The rules allow a renewal application to be filed in the window shortly before expiry, which is currently six months, as the Trade Marks Rules provide. Filing early within that window is sensible, because it leaves room to fix any query before the date arrives. Confirm the current window with the Registry before filing.
What if my trademark has expired and I missed the renewal date?
A period after expiry usually allows renewal with an additional surcharge on top of the renewal fee. Once that period passes, the mark can be removed from the register, but a further window allows restoration on a separate application. Each stage has its own fee, so the sooner you act, the better.
Do I need to prove use of the mark to renew it?
The renewal application itself does not ask for proof of use. That does not mean use is irrelevant. A registered mark that is not used can be challenged by a third party on grounds of non-use, so keep records of sales, invoices and advertising that show the mark in real commercial use.
Can I renew a trademark if the owner or company name has changed?
Yes, but the record should be brought up to date first. A change of name, a conversion of the business or a transfer of the mark has to be recorded at the Registry so that the renewed registration stands in the name of the person who now owns and uses it.
Is a separate renewal needed for each class of my trademark?
Registrations in separate classes are generally treated as separate registrations on the register, so the renewal position of each has to be checked. Where a brand is registered in several classes, we review them together and file for each one, so no class is left to lapse by oversight.
Official Sources
Rules, forms and fees change. Check the current position on the official portal:
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Last reviewed: . Laws, fees and procedures change; check the official portal before you act.
Disclaimer: The information on this page is for general informational purposes only and does not constitute professional legal, tax or compliance advice. Requirements vary by situation. Please consult a qualified CA or CS for advice specific to your needs. Government fees and timelines are subject to change; verify with the relevant authority before proceeding.