Trademark Validity Period
Under Section 25 of the Trade Marks Act, 1999, trademark registration in India is valid for a period of 10 years from the date of filing of the application. This 10-year period is calculated from the application date, not the registration date, which means the protection period starts when you file, not when the certificate is issued.
Key Validity Rules
- • Initial registration valid for 10 years from application date
- • Each renewal extends protection for another 10 years
- • No limit on number of renewals - perpetual protection possible
- • Renewal applies to all goods/services covered by registration
- • Separate renewal required for each registered trademark
Calculating Expiry Date
The renewal date is calculated from the application date (not registration date). For example:
- • Application Filed: January 15, 2015
- • Registration Granted: August 20, 2016
- • First Renewal Due: January 15, 2025 (10 years from application)
- • Grace Period Ends: July 15, 2025 (6 months after expiry)
Renewal Deadline and Grace Period
The renewal process offers flexibility with early filing options and a grace period for delayed renewals.
Renewal Window
| Period | Timing | Fees Applicable |
|---|---|---|
| Early Renewal | 1 year before expiry | Standard renewal fees only |
| Standard Renewal | Before expiry date | Standard renewal fees only |
| Grace Period Renewal | Within 6 months after expiry | Renewal fees + Late fee (₹1,000) |
| Restoration | 6 months to 1 year after expiry | Renewal fees + Restoration fees |
Important Reminder
The Registrar typically sends a renewal notice to the registered address before expiry. However, non-receipt of notice does not excuse non-renewal. It is the trademark owner's responsibility to track renewal dates.
Renewal Process
Trademark renewal is a straightforward process that can be completed online through the IP India portal.
Step-by-Step Renewal Process
Step 1: Check Renewal Date
Verify the expiry date on your registration certificate or search the trademark status on IP India portal.
Step 2: Prepare Documents
Collect trademark registration certificate, Power of Attorney (if using agent), and applicant details.
Step 3: File Form TM-R
Login to IP India e-filing portal, select Form TM-R for renewal, enter trademark number and details.
Step 4: Pay Fees
Pay renewal fees online through net banking, credit/debit card, or UPI.
Step 5: Track Status
Monitor application status online. Renewal is typically processed within 2-3 weeks.
Documents Required for Renewal
- • Copy of trademark registration certificate
- • Power of Attorney (if filed through trademark agent)
- • Identity proof of applicant/authorized signatory
- • Address proof (if address has changed)
Restoration of Expired Trademark
If a trademark is not renewed within the grace period, it is removed from the register. However, Section 25(4) of the Trade Marks Act provides an additional window for restoration.
Restoration Conditions
Time Limit
Restoration application must be filed within 6 months to 1 year from the date of expiry.
Good Faith Requirement
Applicant must show non-renewal was inadvertent and trademark was in use or intention to use continued.
Restoration Process
- • File Form TM-13 for restoration along with Form TM-R for renewal
- • Pay restoration fees in addition to renewal fees
- • Submit affidavit explaining the delay in renewal
- • Provide evidence of continuous use (if applicable)
- • Restoration is at Registrar's discretion
Important Warning
If restoration is not applied for within 1 year of expiry, the trademark is permanently removed from the register and becomes available for others to register. You would need to file a fresh application losing all priority rights.
Renewal and Restoration Fees
Government fees for trademark renewal and restoration vary based on the applicant category and timing of filing.
| Service | Individual/Startup/MSME | Company/Others |
|---|---|---|
| Renewal (e-filing) | ₹9,000 | ₹18,000 |
| Renewal with Surcharge (Grace Period) | ₹10,000 | ₹19,000 |
| Restoration Fee (TM-13) | ₹5,000 | ₹10,000 |
| Renewal + Restoration (Total) | ₹14,000 | ₹28,000 |
Professional Fees (Estimated)
- • Trademark Agent fee for renewal: ₹3,000 - ₹8,000
- • Trademark Agent fee for restoration: ₹8,000 - ₹20,000
- • Legal fees for complex restoration: ₹20,000 - ₹50,000
Consequences of Non-Renewal
Failure to renew a trademark can have serious legal and business consequences.
Legal Consequences
- • Trademark removed from the register
- • Loss of statutory protection
- • Loss of right to sue for infringement
- • Loss of priority date
- • Acquired goodwill may be lost
Business Consequences
- • Competitors may register the mark
- • Brand confusion in the market
- • Loss of customer trust
- • Need to rebrand at significant cost
- • Loss of licensing/franchising revenue
What Happens After Expiry?
- Day 1 of Expiry: Trademark ceases to have effect; ® symbol can no longer be used
- During Grace Period (6 months): Renewal still possible with surcharge; priority rights maintained
- After Grace Period: Mark removed from register; third parties can apply for same/similar mark
- During Restoration Window (6-12 months): Last chance to restore with additional fees
- After 1 Year: Trademark is permanently lost; fresh application required