Trademark Validity in India 2026: 10-Year Term, Renewal Fee & Restoration

Trademark rights can continue indefinitely if the registration is properly renewed and remains legally valid.

1. How Long Is a Trademark Registration Valid?

Section 25 of the Trade Marks Act provides a 10-year registration period, renewable for further 10-year terms.

A useful technical point: under the Act, once registered, the trademark registration relates back to the application/registration date as provided by the statutory scheme. Do not calculate renewal only from the day you physically downloaded the certificate.

Always check the registry record for the actual renewal/expiry date.

2. When Can You File TM-R?

Rule 57 of the Trade Marks Rules, 2017 states that a renewal application in Form TM-R may be made not more than one year before expiry of the last registration.

That means you do not have to wait until the final few weeks.

Early renewal reduces the risk of:

• missed notices;
• agent/address changes;
• payment issues;
• portal problems;
• last-minute surcharge.

3. Current Trademark Renewal Fee

IP India’s current fee schedule lists:

Fees are per class.

A multi-class registration can therefore cost the renewal fee for each class.

4. What If You Miss the Expiry Date?

The Act and Rules provide a further window.

If renewal is not completed before expiry, the Registrar must not remove the mark where the prescribed renewal application, fee and surcharge are paid within the permitted six-month period after expiry.

IP India’s fee schedule currently lists an e-filing surcharge of ₹4,500 plus the applicable renewal fee, per class, for the relevant late-renewal entry.

5. Restoration After Removal

Where the trademark has been removed for non-payment of renewal fee, section 25(4) and Rule 60 provide for an application for restoration and renewal within the statutory period—after six months and within one year from expiry, subject to the Registrar’s satisfaction and applicable fee.

IP India’s fee table lists a separate restoration/renewal fee structure.

Do not intentionally rely on restoration as a routine renewal strategy. Rights and third-party positions can become more complicated after removal.

6. Renewal Does Not Cure Every Problem

Paying the renewal fee preserves registration, but a trademark can still face legal challenges on other grounds.

For example:

• non-use;
• invalid registration;
• rectification/cancellation proceedings;
• ownership disputes;
• court orders.

Renewal is necessary, but it is not an absolute shield.

7. Practical Renewal Checklist

• ○ Check trademark number and owner name
• ○ Confirm current proprietor/address for service
• ○ Check classes covered
• ○ Note the registry expiry/renewal date
• ○ File TM-R within the permitted pre-expiry window
• ○ Pay fee per class
• ○ Save acknowledgement/payment receipt
• ○ Monitor the e-register after filing
• ○ If expired, calculate surcharge/restoration window immediately

8. Example

Suppose a mark is due for renewal on 15 December 2026.

The proprietor can generally plan TM-R filing within the one-year pre-expiry window.

If the normal renewal deadline is missed, the six-month late-renewal/surcharge provision becomes relevant. If the mark is removed, restoration provisions may apply within the statutory one-year framework.

Exact dates should be checked from the registry record.

Official Sources

1. IP India — Forms and Official Fees Official ↗
2. IP India — Trade Marks Rules, 2017 Official ↗
3. IP India — Trade Marks Act, 1999 Official ↗

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TaxQue can assist with renewal-date review, TM-R preparation and filing support.

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Information note: Fees are per class and may be revised. Check the current IP India fee page before filing.