Trademark renewal in India is filed on Form TM-R under Section 25 of the Trade Marks Act 1999. A registered trademark is valid for ten years from the date of filing and may be renewed for successive ten-year periods. The renewal application may be filed up to one year before the expiry of the last registration, and the government fee for e-filing is Rs 9,000 per class.
This article covers the renewal process, applicable fees under the Trade Marks Rules 2017, filing deadlines, the surcharge for late renewal, and the consequences of missing the renewal window. This article includes a limited overview of restoration, but not the full procedural requirements. The jurisdictional scope is India only.
Quick Reference: Trademark Renewal in India
| Item | Detail |
| Governing provision | Section 25, Trade Marks Act 1999; Rules 57–61, Trade Marks Rules 2017 |
| Form | TM-R (renewal, renewal with surcharge, and restoration) |
| Renewal fee (e-filing) | Rs 9,000 per class |
| Renewal fee (physical filing) | Rs 10,000 per class |
| Surcharge for late renewal (e-filing) | Rs 4,500 per class + renewal fee |
| Filing window | Up to 1 year before expiry of last registration |
| Late filing grace period | 6 months after expiry (with surcharge) |
| Validity after renewal | 10 years from expiry of last registration |
Verified as of April 2026
How Long Does Trademark Registration Last in India?
Under Section 25(1) of the Trade Marks Act 1999, a trademark registered in India is valid for a period of ten years. Section 23(1) provides that a trademark, when registered, is registered as of the date of the making of the application. Although the registration certificate may issue much later, the renewal due date is effectively worked out by reference to the original application date.
Section 25(2) provides that the Registrar shall, on a compliant application with prescribed fees, renew the registration for a further period of ten years from the date of expiration of the original registration or of the last renewal. There is no upper limit on the number of successive renewals. A trademark that is renewed on time at each cycle enjoys perpetual statutory protection.
For proprietors managing a portfolio of marks registered across different dates, each mark carries its own independent renewal date. Docketing each renewal date accurately is the most effective way to avoid surcharges and removal.
Practitioner note for late-issued registrations. Where a trademark is actually registered close to or after the date on which renewal is due, Rules 58(2) and 58(3) of the Trade Marks Rules 2017 modify the timeline. If the mark is registered within six months before the renewal due date, or after the renewal due date, the registration may be renewed by paying the renewal fee within six months from the actual date of registration. If the renewal fee is not paid within that period, the Registrar may remove the mark from the register subject to Rule 60. Practitioners managing renewal dockets for marks delayed by examination backlog or opposition should track both the application date and the actual registration date.
When to File a Trademark Renewal Application
Rule 57(1) of the Trade Marks Rules 2017 provides that a renewal application may be filed at any time not more than one year before the expiration of the last registration. This one-year window is the safest period to file. Filing within this window attracts only the standard renewal fee with no surcharge, and the renewal is processed without complication provided the mark has not been cancelled or is not otherwise non-renewable under the Act or by order of a competent court.
Separately, Rule 58(1) requires the Registrar to send a reminder notice on Form RG-3 to the registered proprietor not more than six months before the expiration of registration. This notice is sent to the address of service on record. If the proprietor’s address has changed and the Registry has not been updated, the notice may not arrive. The obligation to renew exists independently of whether the notice is received.
If the renewal is not filed before the expiry date, the Act provides a six-month grace period. Under the proviso to Section 25(3) read with Rule 59, the Registrar shall not remove the trademark from the register if the renewal application and the prescribed surcharge are filed in Form TM-R within six months from the expiration of the last registration. During this window, the mark is protected from removal provided the surcharge is paid in time.
If neither the renewal fee nor the surcharge is paid within six months after expiry, the Registrar may remove the trademark from the register under Rule 59 and advertise the removal in the Trade Marks Journal. Beyond this point, the mark can only be restored under Section 25(4), which involves a separate application, a higher fee, and the Registrar’s discretion. Restoration is outside the scope of this article.
Filing Windows at a Glance
| Window | Period | Fee Consequence |
| Timely renewal | Up to 1 year before expiry, until the expiry date | Standard renewal fee only (Entry 3) |
| Late renewal (grace period) | 0 to 6 months after expiry | Standard renewal fee + surcharge (Entry 4) |
| Post-removal (restoration) | 6 to 12 months after expiry | Renewal fee + restoration surcharge (Entry 5) [separate article] |
How to File Form TM-R on the IP India Portal
Trademark renewal in India is filed on Form TM-R. Under the Trade Marks Rules 2017, Form TM-R serves three purposes: timely renewal (Rule 57), renewal with surcharge during the grace period (Section 25(3) proviso), and restoration with renewal (Rule 60). The same form covers all three scenarios; the fee entry selected at the time of payment determines which category the application falls under.
The recommended filing route is e-filing through the IP India portal at ipindiaonline.gov.in. E-filing is faster, produces an instant acknowledgment receipt, and attracts a lower government fee than physical filing. The portal workflow may be updated by the Registry from time to time; the steps below describe the current e-filing route in practical terms.
First, log in to the IP India e-filing portal using the registered proprietor’s credentials (or the authorised agent’s credentials). Select “Renewal” under Trademark Services and choose Form TM-R. Enter the trademark registration number, the proprietor’s name and address as recorded in the register, the class or classes of goods and services for which renewal is sought, and the date of the last registration or renewal. Where renewal is filed through an authorised agent, the portal or Registry may require proof of authorisation depending on the existing record and filing context.
Next, select the applicable fee entry. For a timely renewal, this is Entry 3 of the First Schedule. For a renewal within the grace period, this is Entry 4 (surcharge plus renewal fee). Pay the fee through the portal’s payment gateway. On successful payment, the system generates a filing receipt.
The Registrar’s office conducts an administrative check to verify that the application is complete and the correct fee has been paid. Unlike the initial registration process, renewal does not involve substantive examination of the mark’s distinctiveness or a fresh opposition stage as in an original application. If a discrepancy is found in the application, the Registry may issue a query and the applicant should respond within the time specified.
Upon renewal, Rule 61 requires the Registrar to send a notice of renewal to the registered proprietor and every registered user, and to advertise the renewal in the Trade Marks Journal. Proprietors should verify their trademark application status on the IP India portal after filing to confirm that the renewal has been processed.
Physical filing remains available. The application on Form TM-R may be submitted at the appropriate Trade Marks Registry office (Mumbai, Delhi, Chennai, Kolkata, or Ahmedabad), determined by the proprietor’s address. The government fee for physical filing is higher than e-filing (see fee table below).
Trademark Renewal Fees in India (2026 Fee Table)
The fees for trademark renewal are prescribed in the First Schedule to the Trade Marks Rules 2017. All fees are per class. A trademark registered in three classes requires three times the per-class fee for each renewal cycle.
| Scenario | Entry | Physical | E-filing |
| Timely renewal (before expiry) | 3 | Rs 10,000 | Rs 9,000 |
| Late renewal with surcharge (0–6 months after expiry) | 4 | Rs 5,000 + Entry 3 fee = Rs 15,000 | Rs 4,500 + Entry 3 fee = Rs 13,500 |
| Restoration + renewal (6–12 months after expiry) | 5 | Rs 10,000 + Entry 3 fee = Rs 20,000 | Rs 9,000 + Entry 3 fee = Rs 18,000 |
Verified as of April 2026. Source: First Schedule, Trade Marks Rules 2017.
The cost differential between timely renewal and late renewal is Rs 4,500 per class (e-filing). For a three-class registration, this difference is Rs 13,500. The cost escalation for restoration is steeper: a three-class mark restored after removal costs Rs 54,000 through e-filing, compared to Rs 27,000 for a timely renewal. Docketing renewal deadlines and filing early within the one-year pre-expiry window is the most cost-effective approach. For a fuller comparison of government fees across the trademark lifecycle, see our guide on trademark registration fees in India.
Renewal of a collective trademark or certification trademark follows the same Form TM-R and the same fee entries. Rule 58(4) confirms that the renewal of a collective mark or certification mark is filed on Form TM-R with the prescribed fee as specified in the First Schedule. There is no separate fee entry for these mark types.
What Happens If a Trademark Is Not Renewed on Time?
If the renewal fee is not paid by the expiry date, the proprietor enters the six-month grace period under the proviso to Section 25(3). During this period, the mark remains on the register and the proprietor can still renew by paying the renewal fee plus the prescribed surcharge on Form TM-R. If the renewal application and surcharge are filed within six months from expiry, the mark is protected from removal during that period.
If neither the renewal fee nor the surcharge is paid within six months of expiry, the Registrar may remove the trademark from the register under Rule 59 of the Trade Marks Rules 2017. The removal is advertised in the Trade Marks Journal. Removal ends the benefits that depend on continued registration, including the registration-based infringement remedy under Section 29 and the prima facie evidence of validity under Section 31. Common-law passing-off rights based on prior use of the mark may still survive. As a practical commercial consequence, the proprietor should not continue to use the ® symbol in connection with a removed mark.
Section 26 of the Act introduces an additional consequence. A trademark removed from the register for non-payment of the renewal fee is still treated as if it were on the register for the purpose of any application for registration of another trademark during the one year following the date of removal. This means a third party cannot register a confusingly similar mark during that one-year period, unless the tribunal is satisfied that either there was no bona fide trade use of the removed mark during the two years before removal, or no deception or confusion would result from the new registration.
Where a trademark has been removed from the register, restoration may be available under Section 25(4) within one year from the expiry of the last registration. The restoration process, fees, and the Registrar’s discretion involved are covered in a separate article on restoration of trademarks. Proprietors approaching this stage should consult a trademark attorney for case-specific guidance.
Renewal of Madrid Protocol International Registrations Designating India
Section 36G(1) of the Trade Marks Act 1999 provides that an international registration of a trademark at the International Bureau (WIPO) is valid for ten years and may be renewed for successive ten-year periods. Section 36G(2) allows a six-month grace period with a prescribed surcharge for renewal of the international registration.
Renewal of a Madrid Protocol registration is handled through WIPO’s Madrid System, not through the Indian Trade Marks Registry directly. The renewal fee is paid to WIPO, and the renewal covers all designated countries in the international registration. Proprietors holding both a national Indian registration and a Madrid designation should manage renewal deadlines for each separately, as the dates and fee structures differ. For details on the international filing framework, see the Intepat guide on the Madrid Protocol.
Frequently Asked Questions
Yes. Under Rule 57(1) of the Trade Marks Rules 2017, a renewal application on Form TM-R may be filed at any time not more than one year before the expiration of the last registration. Filing early within this window avoids any surcharge and ensures uninterrupted protection.
Under Entry 4 of the First Schedule to the Trade Marks Rules 2017, the surcharge for late renewal filed within six months of expiry is Rs 4,500 per class (e-filing) or Rs 5,000 per class (physical filing), in addition to the standard renewal fee under Entry 3.
The renewal application may be filed by the registered proprietor or by a person who is the proprietor’s duly authorised agent. Where renewal is filed through an authorised agent, the portal or Registry may require proof of authorisation depending on the existing record and filing context.
No. Rule 57(2) of the Trade Marks Rules 2017 provides that a renewal request filed within the prescribed time shall be allowed unless the trademark has been removed, cancelled, or is otherwise not renewable under the Act and rules or by order of a competent court or the Registrar. The Registrar verifies that the application is complete and the correct fee has been paid; renewal does not involve a fresh examination of distinctiveness or a fresh opposition stage as in an original application.
No. Renewal of an international registration under the Madrid Protocol is processed through WIPO’s International Bureau, not through the Indian Trade Marks Registry. The renewal fee is paid to WIPO and covers all designated countries. Section 36G of the Trade Marks Act 1999 governs the duration and renewal of international registrations where India has been designated.
Disclaimer: This article provides general information on the trademark renewal process in India as at April 2026. It does not constitute legal advice. Statutory provisions, fee schedules, and procedural requirements are subject to amendment by the Central Government. The fee figures stated are as prescribed in the First Schedule to the Trade Marks Rules 2017 and should be verified against the current Schedule at the time of filing. Proprietors are advised to consult a qualified trademark attorney or agent for case-specific guidance. Intepat IP is a trademark services provider and not a law firm.