Trademark Renewal

Intellectual Property Law – Form TM-R

Trademark Renewal Services - Form TM-R Filing & Restoration

A registered trademark is not protected forever automatically — it must be renewed every 10 years, or it lapses.
Lal Ghai & Associates tracks renewal deadlines and manages the complete Form TM-R filing process, ensuring your brand protection never has a gap.

Many business owners assume that once a trademark is registered, the protection is permanent. It is not. A registered trademark in India is valid for exactly 10 years from the date of application — not the date of registration — and must be actively renewed to remain in force. Businesses that lose track of this date often discover the lapse only when a competitor begins using a similar mark, or when an e-commerce platform flags their brand registry status as invalid.

Lal Ghai & Associates provides complete trademark renewal management — from proactive deadline tracking and Form TM-R filing well before expiry, to grace-period renewals for marks that have already lapsed, to full restoration proceedings for trademarks that have been removed from the register. We manage this as an ongoing service, not a one-time transaction, so your brand protection has no gaps across its entire commercial life.

What is Trademark Renewal?

Trademark renewal is the process of extending the validity of a registered trademark in India for a further period of 10 years by filing Form TM-R with the Trademark Registry under Section 25 of the Trade Marks Act, 1999, before the expiry of the existing 10-year registration term.

Under the Trade Marks Act, 1999, a registered trademark is valid for 10 years from the date the original application was filed — not from the date the Registration Certificate was issued, which can be 18 to 24 months later. This distinction matters: many trademark owners miscalculate their renewal deadline by tracking the certificate date instead of the original filing date, leading to missed renewals.

Renewal can be filed up to 1 year before the expiry date, and the Trademark Registry sends a reminder (Form O-3) to the registered proprietor before expiry, though reliance on this notice alone is risky given postal and portal communication delays. If the renewal deadline is missed, a 6-month grace period is available with a surcharge; if that too lapses, the mark is removed from the register, though restoration remains possible for a further period under specific conditions. Trademarks can be renewed indefinitely — there is no maximum number of renewal cycles — making a properly maintained trademark one of the most enduring assets a business can hold.

Why Trademark Renewal Matters

Loss of Exclusive Rights

Once a trademark lapses, you lose the exclusive statutory right to use the mark — and a competitor can potentially file for the same or similar mark, claiming it as available.

No Infringement Action Available

A lapsed trademark cannot support an infringement suit. You would be reduced to a common-law passing-off claim — slower, costlier, and far less certain than a registered trademark infringement action.

E-Commerce Platform Risk

Amazon Brand Registry and similar programs periodically verify trademark validity. A lapsed registration can result in suspension of brand protection benefits and counterfeit reporting access.

Asset Value Protection

A trademark is a balance-sheet asset for licensing, franchising, or sale. A lapsed registration immediately reduces the commercial and legal value of that asset to zero.

Investor & Due Diligence Risk

Investors and acquirers conducting IP due diligence treat a lapsed trademark as a red flag — it signals weak corporate governance and creates deal risk during funding rounds.

Indefinite Protection, If Maintained

Unlike patents, which expire permanently after 20 years, a trademark can be renewed every 10 years forever — making consistent renewal management the key to truly indefinite brand protection.

Cost of Trademark Renewal in India

Before Expiry

₹9,000 per class (e-filing) · ₹10,000 per class (physical filing). No MSME/startup discount applies at renewal, unlike fresh registration.

Grace Period (0–6 months after expiry)

₹9,000 + ₹4,500 surcharge per class (e-filing) — roughly ₹13,500 per class. This is the penalty for late trademark renewal.

Restoration (6–12 months after expiry)

₹9,000 renewal + ₹9,000 restoration fee per class (e-filing) — roughly ₹18,000 per class, and restoration is at the Registrar's discretion.

Trademark Renewal vs New Registration — Why Renewal Almost Always Wins

Clients occasionally ask whether it’s simpler to just file a fresh trademark application instead of chasing a renewal or restoration. It almost never is, and here’s the actual reason: renewal preserves your original registration date. A mark first registered in 2014 that’s renewed in 2026 carries twelve years of continuous registration history — which matters enormously in opposition proceedings and infringement disputes, where an older mark generally outweighs a newer one covering similar goods. A fresh registration resets that clock to zero and takes 12–18 months to clear examination and publication, with no guarantee nobody’s filed something similar to yours in the meantime.

What Happens If You Miss the Renewal Deadline?

Removal From the Register — Protection Ceases

If a trademark is not renewed within the standard window and the subsequent 6-month grace period, it is removed from the Register of Trademarks under Section 25(3) of the Trade Marks Act, 1999. From that point, the owner no longer holds exclusive statutory rights over the mark, and a third party may potentially file a fresh application to register the same or a similar mark.

Restoration is Possible, Not Guaranteed

A removed mark can be restored on application within a further prescribed period from removal, but restoration is at the Registrar's discretion and requires payment of a surcharge — it is not an automatic right.

Third-Party Filing Risk During Lapse

While your mark is in lapsed or removed status, the window is open for a competitor or trademark squatter to file for the same or a deceptively similar mark — a risk that grows the longer restoration is delayed.

Loss of Priority Date Benefits

Even upon successful restoration, any gap in registered status can complicate enforcement actions for infringement that may have occurred during the lapsed period.

E-Commerce & Licensing Disruption

Brand Registry programs and licensing agreements that rely on an active registration can be disrupted immediately upon lapse, even if restoration is later successful.

Documents Required for Trademark Renewal

Our Trademark Renewal Services

Renewal & Filing
Related Post-Registration Services

Why Startups & SMEs Choose LGA for Trademark Renewal

Proactive Deadline Tracking

We do not wait for the Registry's reminder notice; our internal tracking system flags renewals well within the 1-year window

Full-Spectrum Renewal Handling

Standard renewal, grace-period renewal, and restoration of removed marks, all under one service

Portfolio-Level Service

Businesses with multiple trademarks across classes get a single consolidated renewal calendar, not separate ad hoc filings

Frequently Asked Questions

Trademark renewal is the process of extending a registered trademark's validity for a further 10 years by filing Form TM-R under Section 25 of the Trade Marks Act, 1999, before the existing term expires. A trademark can be renewed indefinitely — there is no maximum number of cycles. Lal Ghai & Associates provides complete renewal management for businesses across India from offices in Ludhiana, Mohali, and Gurgaon.

Trademark registration in India typically takes 18 to 24 months from application to Registration Certificate, assuming no opposition. The Trademark Registry issues an Examination Report within 3–6 months of filing. If objections are raised, the applicant has 30 days to file a reply. If accepted, the mark is published in the Trademark Journal for a 4-month opposition window. After no opposition (or opposition overcome), the Registration Certificate is issued. The ™ symbol may be used from the date of application — providing interim protection from Day 1.

If renewal isn't filed before expiry, a 6-month grace period is available with a surcharge fee in addition to the standard renewal fee. If the grace period also lapses, the mark is removed from the Register under Section 25(3) of the Trade Marks Act, 1999, and the owner loses exclusive rights. Lal Ghai & Associates tracks deadlines proactively to avoid relying on the grace period, but also handles grace-period renewals for marks that have already lapsed.

The official government fee for trademark renewal in India is ₹9,000 per class when filed online using Form TM-R. If the renewal is filed after the expiry date but within the permitted grace period, additional surcharge fees apply. Professional charges may also be applicable if you engage a trademark agent or legal professional to handle the renewal process.

You can apply to renew your trademark any time within one year before its expiry date. If you miss the renewal deadline, you can still renew it within six months after expiry by paying the prescribed surcharge. Renewing your trademark on time ensures uninterrupted legal protection and exclusive rights over your brand.

If a trademark is not renewed before its expiry, it may be removed from the Trade Marks Register, resulting in the loss of exclusive legal rights over the mark. However, the owner can still apply for renewal within six months of expiry or seek restoration within one year from the expiry date, subject to the prescribed conditions and fees.

Required documents include: the original Registration Certificate or registration number and class details; PAN Card or identity proof of the current proprietor; current address proof if changed since registration; and a Power of Attorney in Form TM-48. If ownership has changed since registration, an assignment deed may be required alongside renewal. For restoration, a supporting affidavit explaining the lapse circumstances is typically needed.

Yes, this is commonly done alongside renewal since both processes require similar documentation. If the proprietor's name has changed due to a merger, business structure conversion, or other reason, or if the registered address has changed, supporting documents should be filed with the Trademark Registry. Lal Ghai & Associates coordinates name and address updates alongside renewal filings.

Lal Ghai & Associates provides trademark renewal and restoration services across India. Renewal applications are filed through the IP India portal and don't require physical presence in a specific state. While the firm has offices in Ludhiana, Mohali, and Gurgaon, renewal management is available for trademark portfolios anywhere in India. Contact us at +91-94636 40466 or info@lgassociates.org for a free status check.

Don't Let Your Brand's Legal Protection Lapse Over a Missed Date

Share your trademark registration number and we will check its live renewal status on the IP India portal — free of charge — and advise on the exact action needed.

Email: info@lgassociates.org | Offices in Ludhiana – Mohali – Gurgaon