Reviewed 27 October 2026. An Indian trademark registration lasts 10 years and can be renewed for successive 10-year periods. File Form TM-R up to one year before expiry. The current official e-filing renewal fee is ₹9,000 per class. Check the live IP India record and fee schedule before paying.
If you own a registered brand name or logo, put its renewal date on your calendar now. Missing it can mean extra fees and, eventually, removal from the register. This guide explains how the term is calculated, the three filing windows, what each currently costs, and what to do if the date has passed.
Trademark validity in India: the short answer
| Question | Answer |
|---|---|
| Initial registration period | 10 years under section 25(1) of the Trade Marks Act, 1999 |
| Each further term | 10 years from expiry of the preceding term, if renewed |
| Earliest ordinary renewal filing | Up to one year before expiry, using TM-R |
| After expiry | TM-R with the prescribed surcharge within six months |
| If removed for unpaid renewal | Apply for restoration and renewal after six months and within one year of expiry, subject to the Registrar's decision |
| Ordinary online government fee | ₹9,000 per class; physical filing ₹10,000 per class |
These are registration rules. Filing an application does not itself mean the mark has been registered or that a renewal request is already due.
From which date do the 10 years run?
Section 23(1) says that, when a mark is registered, its registration is treated as dating from the application date, subject to section 154. Section 25 then provides the 10-year term and further 10-year renewals. The practical result is that the statutory registration date can be earlier than the day the Registry issued or you downloaded the certificate. Some cases, including convention-priority claims and late actual registration, need closer attention.
Use the expiry or renewal date shown in the official register for your own mark. Check the application number, class, proprietor, status, and date; do not infer the deadline from an invoice, certificate download, or the date a consultant emailed you. If the record looks inconsistent, resolve it with the Registry or a trademark professional before filing.
Example: if the Registry shows 15 December 2026 as the expiry date, plan ordinary renewal within the preceding year. A successful renewal extends the term by 10 years from that expiry, rather than starting a new 10-year clock on the day you pay.
The three renewal windows
| Stage | Statutory timing | What to file | Current e-filing government fee per class |
|---|---|---|---|
Ordinary renewal | No more than one year before expiry; file before expiry | TM-R and renewal fee | ₹9,000 |
Late renewal | Within six months after expiry | TM-R, renewal fee and surcharge | ₹13,500 total (₹9,000 + ₹4,500) |
Restoration and renewal | If removed for non-payment, after six months and within one year from expiry | TM-R and restoration/renewal fee; Registrar assesses the request | ₹18,000 total (₹9,000 + ₹9,000) |
The equivalent physical filing totals in the current schedule are ₹10,000, ₹15,000 and ₹20,000 respectively. Fees apply for each class. For example, ordinary e-filing renewal in two classes is ₹18,000 in government fees; professional charges, if any, are separate. The displayed totals are drawn from the current First Schedule to the Trade Marks Rules, 2017 on IP India's fee page. That page also displays older fee and form tables farther down: use the current TM-R schedule, not legacy TM-12/TM-13 figures.
1. Renew before expiry
Rule 57 permits a TM-R application not more than one year before expiration of the last registration. Submit it with the fee for each class covered. Filing early leaves time to correct record or payment problems. A timely request is ordinarily allowed unless the mark has been removed or cancelled, is otherwise not renewable, or a competent order prevents renewal.
2. If the date has passed, act within six months
Section 25(3) provides that the Registrar shall not remove the mark if the prescribed form, renewal fee and surcharge are submitted within six months of expiry. Rule 59 implements this through TM-R. The current e-filing surcharge is ₹4,500 in addition to the ₹9,000 renewal fee, per class. Do not assume that simply receiving a payment reminder or an RG-3 notice extends the deadline.
3. If the mark was removed, consider restoration
Section 25(4) covers a mark removed for non-payment of renewal fees. Its restoration window is after six months and within one year from expiry. Rule 60 calls for TM-R and the prescribed fee. Restoration is not automatic: the Registrar must consider whether it is just to restore the mark, may impose conditions or limitations, and must have regard to affected persons' interests. The current e-filing schedule lists ₹9,000 for restoration and renewal plus the ₹9,000 ordinary renewal fee, per class.
If you are near a boundary, confirm the Registry's exact date calculation and mark status promptly. If more than a year has passed, this statutory restoration route may no longer be available; seek case-specific advice about a fresh application and any intervening rights. A fresh application is not the same as reinstating the old registration.
A date example
Suppose the official register records 15 December 2026 as the term's expiry.
- You can generally plan ordinary TM-R filing during the one-year period before that date.
- If you miss expiry, the surcharge route is available within six months from expiry.
- If the mark has been removed for non-payment, restoration may be requested after six months and within one year from expiry, subject to the Registrar's assessment.
Use the register, not this illustration, to calculate a live deadline. Rule 58 also contains special provisions where a mark is actually registered close to or after its renewal date.
How to renew a trademark: practical checklist
- Check the official record. Find the application/registration number and verify the current proprietor, status, classes, goods or services, and renewal date.
- Review ownership and contact details. Ensure the address for service can receive Registry notices. If the mark has been assigned or ownership changed, check whether the register needs a separate update; TM-R does not by itself record a transfer.
- Choose the correct route. Ordinary renewal, late renewal with surcharge, or restoration depends on the expiry date and whether the mark has been removed.
- File Form TM-R and pay the per-class fee. Use the official IP India trademark filing route or an authorised representative. Confirm the fee displayed for the particular filing before payment.
- Keep proof and monitor the outcome. Save the filing acknowledgement, fee receipt and communications. Check the Registry status and renewal entry; Rule 61 provides for notice and advertisement following renewal or restoration.
Rule 58 requires a pre-expiry RG-3 notice where no renewal request and fee have been received, subject to its specific provisions. Still, maintain your own reminder system: an outdated address or missed message does not make waiting a sound strategy.
Common questions
Is trademark registration valid forever? A registration has a 10-year term. It can continue through successive 10-year renewals, provided it remains legally valid and the renewal requirements are met.
Is the renewal fee ₹4,500 for an individual or startup? No. The ₹4,500 reduced e-filing amount shown elsewhere on the fee page concerns a particular new application category. The listed ordinary renewal fee is ₹9,000 per class for e-filing.
Does one renewal cover every class? Fees are charged per class. Confirm exactly which classes and registrations are covered by your TM-R request.
Can I renew while my trademark application is still pending? TM-R renews a registration. A pending application needs its own prosecution and status review; the special timing provisions in Rule 58 can matter if registration occurs near or after a nominal renewal date.
Does payment guarantee the brand cannot be challenged? No. Renewal deals with the term of registration. Non-use, validity, ownership disputes, rectification, cancellation and applicable court or Registry orders are separate issues.
Official sources
- Trade Marks Act, 1999, sections 23 and 25 (IP India PDF) Official ↗
- Trade Marks Rules, 2017, rules 57–61 (IP India) Official ↗
- Current forms and official fees, First Schedule (IP India) Official ↗
Need help reviewing a renewal?
TaxQue can help check the registry date and classes, prepare TM-R, and track the filing. Contact TaxQue
Information note: This is general guidance, reviewed on 27 October 2026. Confirm the live Registry record and fee schedule for your mark before filing; disputed or unusual cases require individual advice.
