Trademark Renewal in India: Deadlines, Fees, and the Grace Period
A registered trademark lasts 10 years — then you must renew it. Here's how renewal works in India, the TM-R form, the grace and restoration windows, and how a missed date removes a mark.
A trademark registration in India is not forever by default — it's forever only if you keep renewing it. Registration lasts ten years, and a single missed renewal can strip you of a brand you've built and defended for a decade. Renewal is simple and inexpensive compared with the value it protects, which makes a lapsed mark one of the most avoidable losses in IP.
How long does a trademark last in India?
A registered trademark is valid for 10 years from the date of the application. It can then be renewed indefinitely, each renewal extending protection for a further 10 years. There's no limit to how many times you can renew — a mark can stay registered for as long as you keep it current.
When to renew — and the windows that follow
The law gives you several windows, each with rising cost and rising risk:
- 1Before expiry: you can file the renewal (Form TM-R) within the year before the registration expires. This is the clean, low-cost path.
- 2Grace period after expiry: if you miss the date, you can still renew within a grace window after expiry by paying an additional surcharge.
- 3Restoration: beyond the grace window, the mark may be removed from the register, but can be restored within a limited period after expiry by filing for restoration and renewal with the prescribed fees.
The Registry should warn you — but don't rely on it
The Registry is required to notify a proprietor before removing a mark for non-renewal. But notices go to the address on record, get missed, or arrive late. The proprietors who never lose a mark are the ones tracking the date themselves, well in advance.
What it costs
Renewal is a government fee per class (with reduced fees for certain applicants), plus a surcharge if you renew during the grace period, plus restoration fees if it lapses further. The fee itself is modest — the real cost of getting this wrong is losing the registration and the exclusive rights that come with it.
What happens if you miss it entirely
If a mark is removed from the register and the restoration window closes, you lose your registered rights. In practice that can mean someone else is free to apply for a similar mark, and you're back to relying on slower, weaker common-law passing-off rights — having forfeited a decade of registered protection over a single date.
Building renewals into a system
Renewal failures are almost never decisions — they're oversights. The fix is structural: track the renewal date for every mark, counted correctly from the application date, and fire reminders months ahead, not the week of expiry. Novipra dockets each registration's renewal automatically, computes the date from the registry data, and reminds you well before the window closes — so a renewal is never something you find out you missed.
FAQ
How often do you renew a trademark in India?
Every 10 years, counted from the date of the application. Renewal (Form TM-R) can be filed within the year before expiry, and can be repeated indefinitely.
Can I renew a trademark after it has expired?
Yes, within a grace period after expiry by paying a surcharge, and beyond that through restoration within a limited window. Once those windows close, the mark is lost.
What happens if I miss my trademark renewal?
The mark can be removed from the register, costing you your registered exclusive rights. Restoration is possible only for a limited time after expiry, so tracking the date ahead is essential.
This article is general information about Indian intellectual property practice, not legal advice. IP outcomes depend on your specific mark, invention, goods or services, and any prior rights. For a borderline case, an objection, or an opposition, consult a registered IP agent or attorney.
Run your whole IP practice in one place
Portfolio, docketing, live registry conflict checks, and AI — built for India.