A registered trademark in India lasts ten years, counted from the date of the application (because the registration is dated from that day). You can renew it for further ten-year periods without limit. The renewal application, Form TM-R, can be filed at any point in the last year before expiry. If you miss the expiry date you still have six months to renew with a surcharge, and up to one year from expiry to ask for restoration. After that, the practical route is a new application.
Below is the timeline step by step, with the official fees. If the mark is not yet registered and you are still at the filing stage, our trademark application service prepares and files the TM-A.
The renewal timeline at a glance
| When | What happens | Rule |
|---|---|---|
| Ten years after the application date | Registration expires unless renewed | Act s.23(1), s.25(1) |
| From 12 months before expiry | Renewal window opens: TM-R can be filed at the normal fee | Rule 57 |
| Within 6 months before expiry (if not yet renewed) | Registrar sends a notice in Form RG-3 to the address for service | Rule 58(1) |
| Expiry date | If no renewal, the Registrar may remove the mark and advertise the removal in the Journal | Rule 59 |
| 0 to 6 months after expiry | Renewal still possible with a surcharge; the mark should not be removed if TM-R with surcharge is filed | Act s.25(3) proviso; Rule 59 |
| 6 to 12 months after expiry | Restoration and renewal can be requested; the Registrar decides, considering other affected persons | Act s.25(4); Rule 60 |
| More than 12 months after expiry | No renewal or restoration route under these rules; file a new application | Rule 60 (one-year limit) |
Step by step
1. Work out the real expiry date
Do not take the date from the certificate’s issue date. Under section 23(1) of the Trade Marks Act, 1999, a registered mark is treated as registered from the date of the application, and section 25 gives it ten years from then. A mark applied for on 5 March 2017, for example, expires on 5 March 2027 even if the certificate only arrived in 2019. The e-register on IP India shows the “valid upto” date for each registered mark.
2. File TM-R in the last year
Rule 57 of the Trade Marks Rules, 2017 allows the renewal application in Form TM-R at any time not more than one year before expiry. A renewal filed within time is allowed unless the mark has been removed or cancelled or is otherwise not renewable. There is no benefit in waiting for the Registrar’s notice; file once the window opens.
3. Expect the Registrar’s notice, but do not rely on it
If no renewal is on file, Rule 58(1) requires the Registrar to send a notice in Form RG-3, not more than six months before expiry, to the address for service on record. If you have moved, changed your agent or changed email, the notice may never reach you. Keep the address for service up to date.
4. Missed the date? You have six months, with a surcharge
The proviso to section 25(3) and Rule 59 say the Registrar shall not remove the mark if Form TM-R with the surcharge is filed within six months from expiry. The mark is renewed as normal; it simply costs more.
5. Six to twelve months: restoration, at the Registrar’s discretion
If the mark has been removed for non-payment, section 25(4) and Rule 60 allow an application for restoration and renewal in Form TM-R within one year from expiry. This is not automatic: the Registrar considers whether it is just to restore, and must have regard to the interest of other affected persons, for example someone who has since adopted a similar mark.
6. After a year: start again
Once a year has passed from expiry, the Rules provide no renewal route. A new application gets a new filing date, and any third-party filings made in the meantime may now rank ahead of you.
Official fees for renewal
The fees below are from the First Schedule as published on IP India’s forms and fees page. They are charged per class.
| Filing in Form TM-R | E-filing (₹) | Physical (₹) |
|---|---|---|
| Renewal within time | 9,000 | 10,000 |
| Renewal with surcharge (s.25(3)) | 4,500 plus renewal fee | 5,000 plus renewal fee |
| Restoration and renewal (s.25(3), 25(4)) | 9,000 plus renewal fee | 10,000 plus renewal fee |
Unlike the TM-A application fee, the renewal fee is the same for every applicant; there is no lower startup or individual rate in the schedule. A mark registered in three classes pays the fee three times.
A special case: marks registered after their renewal date
Because registration dates back to the application, some marks spend so long in examination or opposition that they are registered close to, or even after, their ten-year expiry. Rule 58 deals with this. If the mark is registered within six months before the renewal date, or after it, the renewal fee can be paid within six months of the actual date of registration. If it is not paid in that period, the mark can be removed, subject to the restoration rule. Owners of long-pending marks should check this as soon as the certificate issues.
Before you file the renewal
- Check ownership on the register. If the mark was assigned, or the company changed its name, the register should reflect the current owner.
- Check the address for service and email. Future notices go there.
- Decide on classes. You can renew only for goods or services already on the registration. If the business has expanded into new classes, those need fresh applications.
- After renewal, Rule 61 says a notice is sent to the proprietor and the renewal is advertised in the Journal. Keep the renewal record with the original certificate.
Complianto plans to offer trademark renewal filing as a separate service. Until then, renewal can be filed directly on the IP India e-filing portal.
Complianto (complianto.in), operated by Mentorcorp Private Limited, is a private consultancy and is not affiliated with any government body. We do not issue official documents. We charge a professional fee for application assistance and advisory services. Applicants can apply directly to the government without our fees via the official portals: MCA (mca.gov.in), Income Tax (incometax.gov.in), GST (gst.gov.in), MSME (udyamregistration.gov.in), FSSAI (foscos.fssai.gov.in), Startup India (startupindia.gov.in), and IP India (ipindia.gov.in).
This article is general information, not legal or tax advice.
