What happens if I miss the trademark renewal deadline?

If you miss the renewal date, you have a 6-month grace period during which you can still renew by paying the standard fee plus a late surcharge. After this 6-month window, the trademark is removed from the Register. Restoration is possible within 1 year of removal via Form TM-13, but it is discretionary and involves additional costs.

Can a third party register my trademark if I fail to renew?

Yes. Once your trademark is removed from the Register, any third party can apply for registration of an identical or similar mark in the same class. During the restoration window, your pending Form TM-13 application may provide some protection, but there is no guarantee.

How much does trademark renewal cost in India?

The government fee for TM-R filing is ₹5,000 per class for individuals, startups, and MSMEs, and ₹10,000 per class for other entities. Late renewal attracts an additional surcharge of ₹3,000 or ₹5,000 per class respectively. Your Professionals's service fee for handling the renewal process is additional.

Do I need to prove use of the trademark at the time of renewal?

No. Unlike some jurisdictions (e.g., the US), India does not require proof of use or a declaration of use at the time of renewal. However, under Section 47, any person can apply for removal of a trademark that has not been used for a continuous period of 5 years and 3 months.

Can I renew a trademark that has been assigned to a new owner?

Yes, but the assignment must first be recorded with the Trademark Registry using Form TM-23. The new proprietor (assignee) can then file Form TM-R in their name. Your Professionals assists with both the assignment recording and subsequent renewal.

Is the renewal process different for Madrid Protocol trademarks?

Yes. International Registrations designating India under the Madrid Protocol are renewed directly through WIPO, not the Indian Registry. The renewal fee is paid to WIPO in Swiss Francs, and the validity is managed centrally. Your Professionals coordinates both Indian and international renewals.

How does Your Professionals help with trademark renewal?

Your Professionals provides proactive renewal management — tracking expiry dates across your entire trademark portfolio, filing TM-R applications well in advance, handling late renewals and restorations, and ensuring your brand protection remains uninterrupted. We also manage bulk renewals for businesses with multiple registrations.

Trademark Renewal

Trademark renewal is the legal process of extending the protection of your registered trademark beyond its initial 10-year validity period in India. This crucial step ensures your brand name, logo, or symbol remains exclusively yours, preventing others from using similar marks that could confuse con

✓Renewal Window Begins 1 Year Before Expiry: You can apply for renewal up to 12 months before the expiry of the trademarks 10-year validity period.

✓Grace Period of 6 Months After Expiry: If the renewal is not done before expiry, there is a 6-month grace period during which you can still renew the trademark by paying a late fee.

✓After Grace Period: Restoration Required: If the renewal is not completed within the grace period, you must apply for restoration along with renewal. This process involves additional fees and justification.

✓No Automatic Reminders from Registry: Trademark holders are responsible for tracking renewal deadlines; the Trademark Registry does not guarantee reminders.

✓Recommended: Start Process Early: It is advisable to start the renewal process 3–6 months in advance to avoid delays or the risk of losing protection.

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What is Trademark Renewal?

Failing to renew on time has serious consequences. Your trademark can be removed from the official register, leaving the brand identity you have worked hard to build unprotected and vulnerable to misuse or infringement. For any business, from a startup to an established company, timely renewal is essential for securing your market position and maintaining customer trust.

You can initiate the trademark renewal process up to one year before its expiry date.

Renewing your trademark ensures continued exclusive rights to use the mark and protects it from unauthorized use.

Trademarks have a limited validity (usually 10 years); failure to renew can lead to automatic cancellation.

Trademark renewal safeguards your brands reputation, identity, and consumer recognition in the market.

Renewal Window Begins 1 Year Before Expiry: You can apply for renewal up to 12 months before the expiry of the trademarks 10-year validity period.

Grace Period of 6 Months After Expiry: If the renewal is not done before expiry, there is a 6-month grace period during which you can still renew the trademark by paying a late fee.

After Grace Period: Restoration Required: If the renewal is not completed within the grace period, you must apply for restoration along with renewal. This process involves additional fees and justification.

No Automatic Reminders from Registry: Trademark holders are responsible for tracking renewal deadlines; the Trademark Registry does not guarantee reminders.

Recommended: Start Process Early: It is advisable to start the renewal process 3–6 months in advance to avoid delays or the risk of losing protection.

Requirements

Eligibility Criteria

The Proprietor of the Registered Trademark: This is the primary and most direct eligible party. The individual, company, or entity in whose name the trademark is officially registered with the Trademark Registry.

An Authorized Representative or Agent: The registered proprietor can appoint an authorized representative, such as a trademark agent, attorney, or legal firm, to file the renewal application on their behalf. In such cases, a Power of Attorney (PoA) is required from the proprietor authorizing the representative to act for them.

No Proof of Use Required: In India, unlike some other jurisdictions, you are generally not required to submit proof of continued use of the trademark to renew it within the statutory period. Renewal is considered an inherent right of the registered proprietor.

No Changes to the Mark: While minor alterations may sometimes be permissible during renewal, the core identity of the trademark must remain unchanged. Any significant modifications typically necessitate filing a fresh trademark application.

Lapsed Trademarks Can Be Renewed/Restored: Even if a trademark has expired, the original proprietor (or their authorized agent) has a specific timeframe to act: Renewal with Surcharge: Possible within six months after the expiry date. Restoration: Possible between six months and one year after the expiry date, but this incurs a higher fee and typically requires an additional application (Form TM-R). Beyond one year from the expiry date: the trademark generally cannot be restored and would require a fresh application for registration.

Renewal with Surcharge: Possible within six months after the expiry date.

Restoration: Possible between six months and one year after the expiry date, but this incurs a higher fee and typically requires an additional application (Form TM-R).

Beyond one year from the expiry date: the trademark generally cannot be restored and would require a fresh application for registration.

Registrars Notice: The Registrar of Trademarks is mandated to issue a notice (Form O-3) to the registered proprietor regarding the impending expiry, usually six months before the due date. This serves as a reminder; however, the ultimate responsibility for timely renewal rests with the trademark proprietor.

Paperwork

Documents Required

✓Trademark Registration Certificate Copy: A copy of your original trademark registration certificate.

✓Applicant/Proprietor Details: Full name, address, and contact information of the trademark owner.

✓Trademark Number: The specific registration number of the trademark to be renewed.

✓Proof of Identity and Address: For individuals, a copy of Aadhaar card/ PAN card; for companies, a Certificate of Incorporation.

✓Details of Authorized Agent (if applicable): If an agent is filing, their name and registration number.

✓New Representation of the Mark: If the visual representation of the trademark is being altered, the new representation must be submitted.

Step by Step

Registration Process

What Happens if an Objection is Raised During Renewal?

Though rare for straightforward renewals, objections can occur if:

Pricing

Fees & Charges

Fee Component	Amount
Normal Renewal (Filed before expiry) — E-filing (Online)	Rs. 9,000
Physical Filing (Offline)	Rs. 10,000
Renewal with Surcharge (Filed within 6 months after expiry) — E-filing (Online)	Rs. 13,500 (Rs. 9,000 + Rs. 4,500 surcharge)
Physical Filing (Offline)	Rs. 15,000 (Rs. 10,000 + Rs. 5,000 surcharge)
Restoration & Renewal (Filed between 6 months and 1 year after expiry) — E-filing (Online)	Rs. 18,000 (Rs. 9,000 + Rs. 9,000 restoration fee)
Physical Filing (Offline)	Rs. 20,000 (Rs. 10,000 + Rs. 10,000 restoration fee)

Benefits

Key Advantages

Expert IP Support

Dedicated IP professionals from Your Professionals for Trademark Renewal

Legal Protection

Comprehensive protection of your intellectual property rights

Brand Value Enhancement

Strengthen your brand and business value through proper IP registration

Common Questions

Frequently Asked Questions

You can file Form TM-R up to 6 months before the expiry date. The Registry sends a reminder notice (Form TM-24) approximately 6 months before expiry. Your Professionals recommends filing at least 3 months before the due date to avoid any last-minute complications.

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Quick turnaround with dedicated support at every step.

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