Introduction
A trademark is a valuable business asset that protects your brand identity and distinguishes your products or services from competitors. However, trademark protection is not indefinite; it must be renewed periodically to remain valid. Missing a renewal deadline can result in the loss of exclusive rights, leaving your brand vulnerable to misuse, infringement, and potential legal disputes.
Understanding the trademark renewal process is therefore essential for businesses that want to maintain uninterrupted protection and preserve the value of their brand. This guide explains the trademark renewal process in India, including applicable fees, required documents, important deadlines, and the consequences of failing to renew on time.
What is Trademark Renewal?
Trademark renewal is the legal process of extending the validity of a registered trademark. In India, a trademark is valid for 10 years and can be renewed every 10 years to maintain continuous legal protection.
Under Section 2(1)(zb) of the Trade Marks Act, 1999, a trademark is any mark capable of distinguishing the goods or services of one person from others, including names, logos, symbols, packaging, shapes, and colour combinations.
As per Section 25(1) of the Act:
“The registration of a trade mark shall be for a period of ten years, but may be renewed from time to time.”
Trademark renewal helps protect brand identity, goodwill, and exclusive ownership rights. Failure to renew may result in removal of the trademark from the Register and loss of legal protection.
✦ Filing Timeline
A trademark owner may file for renewal up to 12 months before the expiry date under Rule 57 of the Trademark Rules, 2017. Filing early avoids any surcharge and is the lowest risk window.
How to File Form TM-R on the IP India Portal?
Trademark renewal in India is filed using Form TM-R through the IP India portal. The same form is used for:
- Timely trademark renewal
- Renewal during the grace period with surcharge
- Restoration and renewal of an expired trademark
The easiest and fastest method is online filing through the official IP India portal, as it provides instant acknowledgment and lower government fees compared to physical filing.
Step-by-Step Process to File Form TM-R
Login to the IP India Portal
Visit the official IP India e-filing portal and log in using your Proprietor’s credentials, or authorised trademark agent/attorney credentials.
Select Trademark Renewal Service
After logging in, navigate to 'Trademark Services', click on 'Renewal', and choose 'Form TM-R'.
Enter Trademark Details
Fill in the required information, including the trademark registration number, proprietor's name and address, class/classes, and the date of last registration or renewal. If filed through an agent, authorization documents may also be required.
Choose the Applicable Fee
Select the correct renewal category: normal renewal fee for timely filing, or renewal fee with surcharge during the grace period.
Make Online Payment
Pay the prescribed government fee through the portal's payment gateway. Once successful, the system generates an acknowledgment receipt.
Verification by Trademark Registry
The Trademark Registry checks the application details, payment status, and supporting documents. If any discrepancy is found, the Registry issues a notice for clarification.
Renewal Confirmation
After approval, the trademark is renewed for another 10 years, details are updated in the Register, and the renewal is published in the Trade Marks Journal. Regular status monitoring is recommended.
Required Documents
Renewal requires comparatively light documentation compared to fresh applications:
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Existing trademark registration certificate or copy of registration details.
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Form TM-48 (Power of Attorney), if filed and represented through an authorised agent or attorney.
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Renewal fee payment receipt/acknowledgment generated from the e-filing portal.
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Affidavit of use (Form TM-18), only if specifically requested by the Registrar in a restoration matter.
Physical Filing Option
While e-filing is highly recommended, trademark renewal can also be filed physically at the appropriate Trademark Registry offices, which are divided by geographical jurisdiction:
| Office | States & Union Territories Covered |
|---|---|
| Mumbai | Maharashtra, Goa, Gujarat, Madhya Pradesh, Chhattisgarh & Union Territories of Daman, Diu, Dadra, Nagar Haveli |
| Delhi | Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Rajasthan & Union Territory of Delhi, Chandigarh |
| Chennai | Andhra Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu, Puducherry & Union Territory of Lakshadweep |
| Kolkata | Arunachal Pradesh, Assam, Bihar, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Sikkim, Tripura, West Bengal & Union Territory of Andaman and Nicobar Islands |
| Ahmedabad | Sub-Office Under Mumbai Jurisdiction |
Trademark Renewal Fees in India (2026 Fee Table)
The government fee for trademark renewal depends on when the application is filed and whether the filing is done physically or online (e-filing). All fees below are charged per class; a trademark registered in multiple classes must pay the listed amount for each class separately.
| Scenario | Entry Code | Physical Filing | E-Filing |
|---|---|---|---|
| Timely renewal (before expiry) | Entry 3 | ₹10,000 | ₹9,000 |
| Late renewal with surcharge (0–6 months after expiry) | Entry 4 | ₹15,000 (₹5,000 + ₹10,000) | ₹13,500 (₹4,500 + ₹9,000) |
| Restoration + renewal (6–12 months after expiry) | Entry 5 | ₹20,000 (₹10,000 + ₹10,000) | ₹18,000 (₹9,000 + ₹9,000) |
Importance of Trademark Renewal
Trademark renewal ensures the continuous protection of a brand's legal rights, reputation, and market identity. A registered trademark gives the owner exclusive rights over the mark, and timely renewal helps maintain those rights without interruption.
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Preserves Brand Identity: Maintains consumer trust and prevents others from building brands on your established reputation.
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Protects Business Assets: Keeps your intellectual property assets legally valid, adding to the net worth valuation of your company.
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Enables Legal Action: Maintains statutory rights required to file infringement suits and seek damages in courts.
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Ensures Commercial Continuity: Safeguards active licensing agreements, franchise networks, and related royalty revenue streams.
Common Mistakes to Avoid in Trademark Renewal
Missing the trademark renewal deadline entirely.
Ignoring the 6-month grace period after expiry (requiring surcharge).
Filing incorrect trademark application or proprietor details on Form TM-R.
Not updating address or ownership information before filing for renewal.
Failure to monitor the status of the trademark renewal application after filing.
Submitting incomplete or improper authorization documents (Form TM-48).
Delaying the restoration of an expired trademark beyond the 12-month limit.
Depending solely on Registry reminder notices to trigger your renewal process.
Frequently Asked Questions
Conclusion
A trademark is the identity of a business, and timely renewal ensures its continued legal protection, brand value, and exclusive ownership rights. Renewing your trademark on time helps safeguard your reputation, prevent misuse, and keep your brand secure for the future.
Need Help Renewing or Restoring Your Trademark?
Copyhart Services Private Limited provides hassle-free trademark renewals, filings under Form TM-R, restoration, and comprehensive IP maintenance services in India.
This publication is for informational purposes only and does not constitute legal advice. Government fees can change by amendment. Consult a qualified trademark attorney for specific legal guidance.