AS | Ankit Sarawagi|Founder, CFOmatrix·June 2026·9 min read | Updated Jun 2026 |
- A trademark is valid for 10 years and is renewable every 10 years with no limit, using Form TM-R.
- You can file the renewal up to 1 year before the expiry date. Renew early; do not wait for the last week.
- The renewal fee is charged per class, per mark. E-filing is cheaper than physical filing. Verify the current Form TM-R fee on ipindia.gov.in.
- Miss the date and the mark can be removed. You can restore it within 1 year of expiry by paying a surcharge.
- The single best protection is process: diarise the renewal date and set a reminder a year out.
| 10 years Validity of a registered trademark, renewable every 10 years | 1 year Window before expiry to renew, and after expiry to restore | TM-R The single form used for both renewal and restoration |
How Long Does a Trademark Last in India?
A registered trademark in India is valid for 10 years from the date of filing the application, and it can be renewed every 10 years for as long as you keep using and renewing it. There is no cap on the number of renewals, so a brand that renews on time can stay protected indefinitely.
This is one of the most useful facts about trademarks compared with other intellectual property: a patent expires, but a trademark does not have to. The catch is that the protection is not automatic. The law (the Trade Marks Act, 1999, and the Trade Marks Rules, 2017) puts the responsibility on you, the owner, to file the renewal. The Registry under the Controller General of Patents, Designs and Trade Marks (CGPDTM) does not renew it for you.
The 10 years runs from the date of filing, not the date the certificate was issued. Because registration can take 6 to 18 months (or longer), your renewal due date may feel earlier than expected. Check the filing date on your registration certificate.
When Should You Renew Your Trademark?
You can file a trademark renewal up to 1 year before the expiry date using Form TM-R. The simplest, safest answer is: renew early, in that one-year window, and never leave it to the final weeks. Filing before expiry keeps your protection continuous, with no gap and no surcharge.
Here is the timeline founders should keep in mind for every registered mark.
| Timing | What you can do | Cost impact |
|---|---|---|
| Up to 1 year before expiry | File Form TM-R as a normal renewal | Renewal fee only |
| On the expiry date | Renewal still possible same day | Renewal fee only |
| Up to 1 year after expiry | Restore via Form TM-R (mark at risk) | Renewal fee + surcharge |
Treat trademark renewal like a statutory compliance date, not an afterthought. Add it to the same compliance calendar you use for GST, ROC and TDS, with an alert at least 6 months out. A lapsed brand can cost far more to fight for later than the renewal fee saved.
How Much Does Trademark Renewal Cost? (Form TM-R)
The government renewal fee is charged per class, per mark, and is paid when you file Form TM-R. As with the original application, e-filing is cheaper than physical filing. If you renew late, within the one-year restoration window, you also pay a surcharge on top.
Fee schedules can change, so the rule is simple: always confirm the current Form TM-R fee on ipindia.gov.in before you pay. Keep these points in mind.
- Per class, per mark. If your brand is registered in three classes, you renew (and pay) for each class.
- E-filing concession. Filing online through the IP India portal costs less than filing on paper at the Registry.
- Late surcharge. A restoration after expiry carries the renewal fee plus an additional surcharge, so missing the date is more expensive, not just riskier.
- Agent fees are separate. If a trademark agent files for you, their professional fee is over and above the government fee.
Total renewal cost = (government renewal fee per class) × (number of classes), plus any late surcharge if filed after expiry, plus any agent professional fee. Verify each figure on ipindia.gov.in before filing.
How to Renew a Trademark Online: Step by Step
Renewing a trademark in India is an online process on the IP India portal, and an owner can do it without a lawyer. Here is how to renew using Form TM-R, step by step.
| Check your renewal due date |
Find the filing date on your registration certificate and work out the next 10-year due date. Remember you can file from 1 year before that date. Note every class the mark is registered in.
| Log in to ipindiaonline.gov.in |
Log in to the IP India portal with your account and your Class 3 Digital Signature Certificate. If a trademark agent files for you, they will use a valid Form TM-48 authorisation. TM-48 is not needed if you file yourself.
| Select Form TM-R and enter the mark |
Choose Form TM-R and enter the application or registration number of the mark you are renewing. Check the details on screen match your certificate exactly.
| Pay the renewal fee online |
Pay the government renewal fee, per class, per mark. If you are filing within the restoration window after expiry, add the late surcharge. Confirm the current amounts on ipindia.gov.in first.
| Submit, save the receipt, diarise the next date |
Submit Form TM-R and save the acknowledgement and payment receipt with your IP records. Then immediately set a reminder for the next renewal, 10 years ahead, with an alert a year before.
What Happens If You Miss the Renewal Deadline?
If you do not renew by the expiry date, the Registry can remove your trademark from the register and your exclusive rights lapse. In practice the Registry usually issues a notice (historically Form O-3) before removal, but you cannot rely on receiving it; the duty to renew sits with the owner.
A lapsed trademark is a real business risk, not just a paperwork problem.
- You lose the legal presumption of ownership that registration gives you, making it harder to stop copycats.
- Someone else may apply for the same or a similar mark once yours is off the register.
- You can no longer use the (R) symbol for a mark that is no longer registered. Using (R) on an unregistered mark is an offence.
Do not assume the government will chase you. There is no guaranteed reminder, and email or address details on the register can be out of date. If your renewal deadline passes unnoticed, you may only discover it when a competitor files for your brand. The fix is your own calendar, not the Registry’s.
Restoration: Renewing Within One Year of Expiry
If you miss the deadline, you are not necessarily out of options. You can apply to restore and renew the mark within 1 year after the expiry date by filing Form TM-R together with the renewal fee and a surcharge. This is the safety net the law provides, but it is a window, not a permanent right.
Two things matter most about restoration.
- The clock is hard. Once 1 year from expiry passes, restoration is no longer available. After that you may have to file a fresh trademark application, starting from scratch with no certainty of getting the same mark back.
- The gap is a vulnerability. Even within the restoration window, your mark sits in a weaker position while it is removed or pending restoration, which is exactly the moment a competitor might move.
If you have just realised a mark has expired, act the same day. File the restoration through Form TM-R immediately rather than waiting, and get the dated acknowledgement on record. The earlier you file within the one-year window, the less exposure your brand has.
Founder Watch-Outs for Trademark Renewal
Most lost trademarks are not lost in a courtroom; they are lost in an inbox. These are the practical mistakes founders make, and how to avoid each one.
| Mistake | Fix |
|---|---|
| No reminder set | Diarise the renewal date with an alert at least 1 year out |
| Counting from certificate date | Count 10 years from the filing date, not the certificate date |
| Renewing one class only | Renew every class the mark is registered in |
| Relying on a government notice | Treat any notice as a bonus; your calendar is the real safeguard |
| Stale contact details on the register | Keep the registered address and email current |
“A trademark is one of the few assets that can last forever, but only if you remember to renew it. The renewal fee is small; the cost of forgetting can be your whole brand.”
Ankit Sarawagi, CFOmatrixFrequently Asked Questions
How long does a trademark last in India?
A registered trademark in India is valid for 10 years from the date of filing the application. It can be renewed every 10 years, with no limit on the number of renewals, by filing Form TM-R and paying the renewal fee. A trademark that is renewed on time can stay protected indefinitely.
When should I renew my trademark in India?
You can file a trademark renewal up to 1 year before the expiry date using Form TM-R. The safest practice is to renew well before the 10-year deadline. If you miss the date, you can still renew within 1 year after expiry by paying a surcharge, but the mark is at risk during that period.
What is the trademark renewal fee in India?
The government renewal fee is charged per class, per mark, via Form TM-R. As a guide, e-filing renewal is lower than physical filing, and a late renewal within the restoration window also carries a surcharge. Always verify the current Form TM-R fee on ipindia.gov.in before filing, as the schedule can change.
What happens if I do not renew my trademark?
If you do not renew, the Registry can remove the mark from the register and your exclusive rights lapse. You can apply to restore it within 1 year of expiry by filing Form TM-R with a surcharge. After that window closes, restoration is no longer available and you may have to file a fresh application, with no guarantee of getting the mark back.
Which form is used for trademark renewal in India?
Trademark renewal in India is filed using Form TM-R on the IP India portal at ipindiaonline.gov.in. The same form is used both for a normal renewal and for a late renewal or restoration within 1 year of expiry, with the applicable surcharge added.
Can I renew my trademark myself without a lawyer?
Yes. A trademark owner can file Form TM-R themselves on ipindiaonline.gov.in using a Class 3 Digital Signature Certificate, the registration number and the renewal fee. A Form TM-48 authorisation is only needed if a trademark agent or attorney files on your behalf.
How long does trademark renewal take in India?
Filing Form TM-R online is quick and can be completed in a single session. Once the renewal is filed and the fee is paid before expiry, protection continues without a break. The Registry then updates its records and the registration remains valid for the next 10 years.
This is general information, not legal advice. Trademark fees, forms and timelines can change, so always verify the current rules and the exact Form TM-R fee on the official IP India website (ipindia.gov.in) and consult a qualified trademark professional for your specific situation.
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AS | Founder, CFOmatrix | Finance Strategy & Equity Compliance CFOmatrix is a knowledge platform focused on how finance actually works inside growing companies. Every insight is shaped by real operating experience across startups and growth-stage companies, including cross-border setups. |