
Trademark Validity in India 2026: 10-Year Term, Renewal Fee & Restoration
A registered trademark is renewable every 10 years. See the 2026 TM-R renewal fee, six-month surcharge window and restoration rules in India.
Before you file a trademark, or even print your first packaging, search the register. IP India's public search is free, needs no login and shows every mark that has been filed in India, with its class and status. This guide walks through the three search types…
The Trade Marks Registry examines every application against marks already on the register. If an identical or similar mark exists for related goods or services, you'll get an objection, and possibly an opposition from the earlier owner after your mark is advertised. Either way you lose months, and the filing fee isn't refunded.
Ten minutes on the IP India public search tells you most of what an examiner will see. It won't catch unregistered brands that are already trading (those can still fight you on prior use), but it removes the obvious clashes before you spend money on a logo, domain or stock.
Repeat the search with spelling variants, the name split or joined ("Green Leaf" and "Greenleaf"), and any word you plan to add. Save screenshots of what you find. They're useful when you or your attorney draft the application.
| Search type | What it finds | Use it for |
|---|---|---|
Wordmark | Marks containing the same letters | Every brand name. Always run this first. |
Phonetic | Marks that sound alike but are spelled differently | Catching clashes like "Kwik" and "Quick", or "Fone" and "Phone" |
Vienna Code | Logos with the same figurative elements (a lion, a star, a leaf) | Checking a logo or device mark, using the six-digit Vienna code for its main element |
The phonetic search matters more than people expect. The Registry treats marks that sound similar as conflicting, because customers hear brand names, not just read them. A name that passes the wordmark search can still fail here.
Trademarks are registered class by class: 1 to 34 for goods, 35 to 45 for services. A clash usually only matters within the same or a related class. "Sunrise" for paints (class 2) can coexist with "Sunrise" for a bakery (class 30).
Not sure where your product sits? Our guide to trademark classes for goods and the class 35 guide cover the common cases.
| Status shown | What it means for you |
|---|---|
| Registered | A live registered mark. A similar name in the same class is a real risk. |
| Formalities Chk Pass / Marked for Exam | Pending and not yet examined, but it still has an earlier date than yours |
| Objected | The examiner raised objections. The mark may still proceed. |
| Accepted & Advertised / Advertised before Accepted | Published in the Trade Marks Journal and close to registration |
| Opposed | Someone is fighting it. Watch how it ends. |
| Abandoned / Withdrawn / Refused / Removed | Usually no longer a barrier, though the earlier owner may still be using the name |
To follow an application you've filed, use our guide to tracking trademark application status.
An identical name in your class with a "Registered" or pending status means you should change the name. Don't try to work around it. A similar name is a judgement call. Examiners compare the marks as a whole (look, sound and idea) and how close the goods are. Adding a generic word ("Sunrise Foods" against "Sunrise") rarely helps.
Also check beyond the register: the MCA company name index, domain names, marketplaces and social media handles. A business using the name without registration can still oppose you on the strength of prior use.
Once the search looks clear, file quickly. India works on first-to-file, and your rights date from the application. Government fees are ₹4,500 per class for individuals, startups and small enterprises filing online, and ₹9,000 for others. See the full trademark registration cost breakdown. TaxQue's trademark registration service includes a professional search and an opinion on risk before we file.
This article is published by TaxQue (ARB FinTech LLP) for general informational, educational, and business guidance purposes only. Tax laws, GST rules, MCA circulars, and judicial precedents are subject to frequent statutory revisions. This content does not constitute formal individualized tax, accounting, or legal counsel.
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A registered trademark is renewable every 10 years. See the 2026 TM-R renewal fee, six-month surcharge window and restoration rules in India.


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