Trademark registration isn’t forever — unless you renew it on time. Here’s how to protect your brand’s legal life.
By Prashant Kumar
Introduction
Trademark registration is often seen as a one-time task — file it, get the ® symbol, and forget it. But that’s one of the biggest misconceptions founders have.
A trademark is a renewable legal right, not a permanent one.
In India, it lasts for 10 years from the date of application, and you can renew it indefinitely — as long as you follow the renewal process correctly and on time.
In my practice, I’ve seen companies lose valuable trademarks — not because of disputes, but simply because they forgot to renew them. Once a mark lapses, it’s open for anyone else to claim.
In this guide, I’ll explain how long trademark protection lasts in India, how to renew it, what happens if you miss the deadline, and why renewal management is one of the most underrated yet critical parts of brand protection.
How Long Does a Trademark Last in India?
In India, a registered trademark is valid for 10 years from the date of filing. It can be renewed every 10 years indefinitely by filing Form TM-R with the prescribed fee before expiry. Timely renewal ensures continuous legal protection and exclusive ownership rights under the Trade Marks Act, 1999.
Legal Basis
Under Section 25(1) of the Trade Marks Act, 1999, trademark registration remains valid for ten years from the date of application, not from the date of registration certificate.
You can renew it every ten years thereafter, keeping your rights alive perpetually as long as you pay the renewal fee.
This makes trademark protection potentially perpetual — a legal asset you can hold for life and even transfer or license, just like property.
Example
A startup “FreshCart” filed its trademark on 10 March 2016.
- Its protection is valid till 10 March 2026.
- The renewal window opens six months before expiry (from September 2025).
- If renewed before expiry, the brand’s legal protection continues seamlessly till 10 March 2036.
If missed, it enters the danger zone — which we’ll discuss shortly.
The Trademark Renewal Process in India
Renewing a trademark is simpler than filing a new one — but it’s time-sensitive.
Here’s how it works step by step:
Step 1: Check Your Expiry Date
The ten-year validity is calculated from the application date, not from registration or usage. Always maintain a renewal calendar.
You can verify expiry on the IP India website using your trademark application number.
Step 2: File Renewal Application (Form TM-R)
The renewal request must be filed within six months before expiry.
Form TM-R can be filed online through the IP India portal or physically.
As of 2025, the government fee is:
- ₹9,000 per class (online) or ₹10,000 (physical) for normal entities
- ₹4,500 for startups, individuals, and small enterprises
Once filed, you’ll receive an acknowledgement and later an updated renewal certificate confirming continuation.
Step 3: Maintain Consistent Usage
Renewal doesn’t just mean payment.
The Registrar may refuse renewal if the mark has not been used for an extended period. You must demonstrate bona fide use through labels, invoices, or digital presence if challenged.
Professional tip: Always keep usage evidence ready — periodic advertising or packaging updates strengthen your mark’s longevity.
What Happens If You Miss Renewal Deadlines
Missing your renewal date doesn’t immediately cancel your trademark — but it starts a countdown.
Grace Period: 6 Months After Expiry
You can still renew your mark within six months post-expiry by paying an additional late fee.
During this period, your trademark remains on the Register but is marked as “Expired — Awaiting Renewal.”
After 6 Months — Removal from Register
If renewal isn’t filed within that grace period, the Registry removes the mark under Section 25(3).
Once removed, it’s publicly advertised in the Trade Marks Journal, making it available for anyone to claim.
Example:
A restaurant brand “SpiceRoute” forgot to renew its trademark. A competitor applied for the same mark three months after removal. The original owner had no legal right to object — the name was up for grabs.
Restoration Option: Within 1 Year of Expiry
If your trademark has been removed, you can still restore it within 12 months from expiry by filing Form TM-R with an additional restoration fee.
However, restoration isn’t guaranteed — the Registrar may reject it if the mark has been taken up by another applicant or public interest is affected.
Expert Tip: Restoration costs more than 3× the normal renewal fee and risks losing exclusivity. Always renew before expiry.
Common Mistakes Startups Make with Trademark Renewal
1. Assuming It’s Automatic
Many founders believe that once registered, the trademark renews automatically — it doesn’t.
The Registry doesn’t auto-renew; it only issues reminders (which many businesses miss due to outdated contact info).
Example:
A Delhi-based apparel brand “FabrikMode” assumed renewal was automatic. They discovered the lapse only when applying for a new logo trademark — by then, their mark had been removed.
2. Confusing Registration Date with Application Date
Renewal is calculated from the filing date, not from the certificate issue date.
If your certificate was delayed due to examination, your renewal due date may arrive sooner than expected.
Example:
“EcoHub” filed in 2013, registered in 2016 — but renewal was due in 2023 (ten years from 2013), not 2026.
3. Failing to Renew Across All Classes
If your brand is registered in multiple classes, you must renew each one separately. Missing even one can leave that segment exposed.
Example:
“SnackCart” had registrations in Class 30 (foods) and Class 35 (retail). They renewed only Class 30. A competitor later filed “SnackCart Retail” under Class 35 and got accepted.
4. Ignoring Assignment or Ownership Changes
If your company restructured or changed ownership, you must update the Trademark Registry before renewal.
Renewing under the wrong ownership entity can cause rejection.
Example:
“FitVerse” converted from LLP to Pvt. Ltd. but didn’t record the change. Renewal under the old entity was rejected.
5. Renewing Without Reviewing Usage
Renewing an unused trademark is risky. If challenged, it can be removed under Section 47 for non-use.
Always ensure your brand is active in the market — even minimal usage keeps it safe.
What Happens If Your Trademark Expires Completely
If your mark is removed and not restored within a year, it becomes legally dead.
You lose exclusive rights to use or defend it, and others can freely register similar or identical marks.
Reviving an expired mark after one year means starting from scratch — as a new application.
That also means:
- A new priority date (losing historical rights)
- Re-examination and potential objections
- Rebuilding brand recognition legally
Example:
“HerbalPure” missed renewal in 2021 and reapplied in 2023.
By then, another company had filed “HerbalPure Plus” — blocking them from restoring their brand.
Why Timely Renewal Is a Business Strategy
Trademark renewal is not a compliance formality — it’s an asset management function.
Your trademark grows in value as your business grows. A continuously renewed mark:
- Becomes a transferable asset for investors and M&A
- Adds to brand valuation in balance sheets
- Establishes seniority rights in case of disputes
As a Company Secretary, I always advise clients to treat renewal as part of their annual legal calendar, not as a reactive task.
Expert Tip: Create a central “Trademark Docket” — list all marks, classes, filing dates, and renewal due dates. Many firms now automate renewal alerts, but having a professional manage it ensures no legal gaps.
Related Articles from CSatWork
- How to Register a Trademark in India: Expert Guide
- Why Checking Existing Trademarks Before Naming Your Startup Is Crucial
- Common Mistakes Startups Make in Choosing a Brand Name
These complement your understanding of the full trademark lifecycle — from filing to renewal and long-term maintenance.
FAQs
1. How long is a trademark valid in India?
10 years from the application date, renewable indefinitely.
2. How early can I renew my trademark?
You can file renewal six months before expiry using Form TM-R.
3. What happens if I miss renewal?
You get a six-month grace period. After that, the mark is removed but can be restored within one year with extra fees.
4. Is there a penalty for late renewal?
Yes, a surcharge applies for renewals after expiry but within the grace period.
5. Can I renew if my trademark ownership has changed?
Yes, but ownership updates must be recorded before renewal filing.
Final Word
Trademark registration marks the beginning of your brand’s legal journey — not the end.
A registered mark is like a lease to your brand identity — valid for ten years at a time. Renew it diligently, and you can own it forever.
In my professional view, renewal discipline separates strong brands from temporary ones.
Because in law, rights belong not to those who registered first — but to those who maintained them continuously.
About the Author
Prashant Kumar is a Company Secretary, Published Author, and Partner at Pratham Legal, a full-service Indian law firm advising on corporate, regulatory, and intellectual property matters.
He has successfully handled thousands of trademark filings, renewals, and restorations, and assists startups and established companies with ongoing IP management.
For renewal management or professional trademark compliance support, contact:
📞 +91-9821008011
📧 prashant@prathamlegal.com
