Registering your trademark is not a one-time event. A registered trademark in India must be renewed periodically to remain in force. Missing a renewal deadline can result in the mark being removed from the register — and potentially allowing competitors to file a similar mark.
How long is a trademark registration valid?
A trademark registration in India is valid for 10 years from the date of the original application (not the date of registration). After 10 years, it must be renewed for another 10 years, and so on, indefinitely.
When to renew
The renewal application (Form TM-R) should be filed before the expiry date. The Trade Marks Rules allow renewal to be filed any time within one year before the expiry date. If the mark lapses, there is a grace period (typically six months) during which late renewal is possible on payment of an additional surcharge (Form TM-10). Beyond the grace period, the mark is removed from the register.
What happens if a trademark lapses?
Once removed from the register for non-renewal, the mark loses its registered status. The owner loses the right to use ®, the ability to sue for infringement, and the recorded property right. A lapsed mark can potentially be re-filed as a new application, but the original priority date is lost and others may have filed in the interim.
Renewal fees
Government renewal fees follow the same structure as filing fees: lower for individuals/MSMEs/start-ups, higher for companies and LLPs. Professional fees for handling the renewal application are typically modest compared to the original filing.
Practical tips
- Diarise the renewal date well in advance — 12 months before expiry is not too early.
- Keep your contact details updated with the Registry so any official communication reaches you.
- If you use a trademark agent, ensure they have your current details and renewal instructions.
- Consider renewing all classes at the same time if your registration covers multiple classes.
Renewal vs new registration
Renewal is always preferable to lapsing and re-filing. Renewal preserves your original priority date and continuous registration history — both of which matter in enforcement proceedings and licensing negotiations.
This article is educational information only and does not constitute legal advice. Every trade mark situation is different — consult a qualified IP professional for advice specific to your brand.