Trademark renewal in India is filed on Form TM-R and extends a registration by 10 years from the date its current term ends. The official TM-R fee is ₹9,000 per class online; in the 6 months after expiry a surcharge of ₹4,500 per class is added, and a mark removed for non-renewal can be restored and renewed for ₹9,000 more per class, but only until one year after expiry. This guide explains when renewal falls due, who can file it, what it costs at each stage and what happens if you miss it.
When is a trademark due for renewal?
A registration runs for 10 years from the date of the application, because a registered mark counts as registered from its filing date (sections 23(1) and 25(1) of the Trade Marks Act 1999). Each renewal adds 10 years from the end of the previous term, not from the day you file the renewal (section 25(2)).
That second point means renewing early costs you nothing: a renewal filed 11 months before expiry still runs from the expiry date. Rule 57 of the Trade Marks Rules 2017 opens the window one year before expiry.
Two timing cases trip up owners whose application took years to register:
- If the mark is registered in the six months before its first renewal date, you can renew within six months after the actual date of registration (rule 58(2)).
- If it is registered after that date, the same six months run from the registration date (rule 58(3)).
The Trademark Status and Deadline Tool works out these dates from your application and registration dates.
Trademark renewal fees (TM-R) at each stage
The fee is charged per class and per mark, and it is the same for every owner: there is no lower rate for individuals, startups or small enterprises, unlike the application fee.
| When you file Form TM-R | E-filing, per class | Paper, per class |
|---|---|---|
| Up to one year before expiry, until the expiry date | ₹9,000 | ₹10,000 |
| Within 6 months after expiry (renewal with surcharge) | ₹9,000 + ₹4,500 = ₹13,500 | ₹10,000 + ₹5,000 = ₹15,000 |
| After removal, within one year of expiry (restoration and renewal) | ₹9,000 + ₹9,000 = ₹18,000 | ₹10,000 + ₹10,000 = ₹20,000 |
Example. Tidewell Apparel Private Limited (a made-up company) applied for its mark in Classes 18, 25 and 35 on 15 January 2016 and was registered on 1 August 2017. The registration expired on 15 January 2026 and the surcharge period ended on 15 July 2026, so on 20 October 2026 only restoration remains, open until 15 January 2027. It now costs 3 × ₹18,000 = ₹54,000 online. Filed on time, it would have cost 3 × ₹9,000 = ₹27,000. Once restored, the new term still ends on 15 January 2036, 10 years after the old expiry date.
Who can file a trademark renewal, and what documents are needed?
Renewal is granted on an application by the registered proprietor (section 25(2)), filed on Form TM-R with the fee (rule 57(1)). An advocate or registered trademark agent can file it for you under an authorisation (section 145 and rule 19).
Rule 57 asks only for Form TM-R and the fee. A copy of the registration certificate helps whoever files to check the registration number, classes and owner's details, but the rule does not require it.
The common problem is ownership. If the business behind the mark has changed, record the change before you renew, so that the applicant for renewal matches the register:
| Change since registration | Form | Official fee, e-filing |
|---|---|---|
| New owner after an assignment or transfer | TM-P (section 45) | ₹9,000 per trademark |
| Change in the owner's name or description | TM-P (section 58) | ₹1,800 per trademark |
| Change of address or address for service | TM-P (section 58) | ₹900 per trademark |
A proprietor's brand now used by a new private limited company usually falls in the first row, because the company is a new owner. See trademark registration for how ownership is shown on the original application.
Renewal after expiry: surcharge and restoration
Missing the expiry date does not end the registration at once. For 6 months the Registrar will not remove the mark if you apply with the surcharge (section 25(3) and rule 59). After that the mark can be removed and the removal advertised in the Journal.
Restoration is possible after those six months and within one year of expiry, on Form TM-R (section 25(4) and rule 60). It is not a formality: the Registrar restores the mark only if satisfied that it is just to do so, and may restore it with conditions or limitations.
- For one year after removal, a mark removed for non-payment still counts as being on the register when others apply for a similar mark, unless it had no genuine trade use in the two years before removal or no confusion is likely (section 26).
- Once the time for renewal and restoration has passed, the Registry will not issue a duplicate or further copy of the certificate (rule 56(3)).
- After the one-year restoration period, the only route is a fresh application, which gets a new filing date and has to go through examination and opposition again.
If someone files a similar mark while yours is lapsed, watch the Journal and consider a trademark opposition.
What happens after you file the renewal?
A renewal filed in time is allowed unless the mark has been removed or cancelled or is otherwise not renewable under the Act, the rules or a court or Registrar's order (rule 57(2)). The Registry then sends a notice to the owner and every registered user and advertises the renewal in the Journal (rule 61).
Check the e-register a few weeks after filing to confirm the new expiry date is recorded. Note the next window, which opens one year before the new expiry date.
Does renewal protect a mark you no longer use?
No. Renewal keeps the registration on the register, but a mark not used for a continuous period of 5 years after it was entered on the register can be taken off on an application by any person aggrieved (section 47(1)(b)). Paying the renewal fee does not cure non-use.
Before renewing an old mark, check that it is still used for the goods and services it covers, and keep dated evidence of that use: invoices, packaging, catalogues and website pages. Renewal keeps the same registration with the same goods and services; new products need a new application. Businesses in Maharashtra deal with the Registry's Mumbai office: see trademark registration in Mumbai.
How Ofin handles trademark renewal
Ofin checks the register entry and ownership, flags any change of owner, name or address that must be recorded first, files Form TM-R online and tracks it until the renewal shows on the register. It also monitors expiry dates so the next window is not missed. Fees start at ₹11,999. The work is 100% online, with a reply within 24 hours: get a fixed-price proposal.
