Trademark renewal extends the validity of a registered trademark for a further ten years under Section 25 of the Trade Marks Act, 1999, filed on Form TM-R (which consolidated the earlier TM-12) with the Registrar of Trademarks. Renewal can be filed up to one year before expiry — six months before is the recommended deadline — and a six-month grace period with surcharge applies after expiry, after which the mark is removed from the register and only restoration within one year of the last registration's end date remains. Four aspects that most guidelines do not address, but will be addressed below, include the fact that renewal itself will be published in the Trademark Journal for four months and may be challenged; that the Registrar is under a legal obligation to give you prior notice prior to expiration, although this notice serves as a backup rather than a personal reminder; that you can renew your trademark with amendments; and that the restoration is discretionary and is granted on certain conditions.
Trademark Renewal in India – Section 25, Form TM-R, Grace Period, Restoration & Fees
VakilKaro provides end-to-end support: proactive renewal calendars for every mark you own, preparation and filing of Form TM-R with the correct documentation and Power of Attorney, handling of scrutiny queries and any Trademark Journal objections, and management of grace-period and restoration situations where a deadline has already slipped — through to issuance of your Trademark Renewal Certificate.
Introduction
What is a Trademark?
A trademark is a unique emblem, logo, word, phrase, design, or a mix of these elements that visually signifies and points to the origin of goods or services from a specific company or individual. Trademarks are important assets that allow consumers to recognise and connect products or services with a certain brand. A registered trademark grants its owner exclusive rights to use the mark and to take legal action against unauthorised use — but those rights must be kept alive through timely renewal.
What is Trademark Renewal?
Trademark renewal is the process of extending the legal validity of a registered trademark for a further term once its existing registration period is about to end. Trademark owners can extend their mark's validity every decade — that is, every ten years — an unlimited number of times, as long as the application is filed on time with the prescribed fee. If renewal doesn't occur, the Registrar announces the trademark's removal in the Trademark Journal.
The distinguishing feature of renewal. Unlike registration — a one-time contest to establish rights — renewal is a maintenance obligation that recurs for the life of the brand. Nothing about the mark is re-examined for distinctiveness; what is tested is whether the owner acted in time. That makes renewal the rare area of trademark law where the outcome is entirely within your control: a mark lapses not because it was weak, but because a date was missed. Validity runs ten years from the date of registration or the date of the last renewal, so a well-managed brand chains one clean decade to the next, indefinitely.
Why Trademark Renewal Matters for Your Business?
It is not often that a trademark is a simple logo; instead, it is the legal representation of the image your brand has built up for itself. Each ad campaign you launch, each satisfied customer, and each year you maintain high-quality standards all go into building up this goodwill that is embodied in your mark. Renewal maintains that goodwill for you.
Consider what is at stake when a registration lapses:
A competitor could adopt a confusingly similar mark, dilute your identity, or even attempt to register the mark in their own name.
Customers could be misled by look-alike products trading on your reputation.
Your ability to license or franchise the brand — often a significant revenue stream — depends on a valid, subsisting registration.
If you ever need to enforce your rights in court, a current registration is your strongest evidence of ownership.
In short, renewal is not an administrative afterthought; it is core brand-protection strategy. For a modest fee once every decade, you secure all of these protections without interruption.
The Legal Provision — Section 25 of the Trade Marks Act, 1999
Renewal is controlled by Section 25 of the Trade Marks Act, 1999, and everything in the renewal lifecycle traces back to it:
The ten-year period of validity of a registration, running from registration or from the most recent renewal.
The owner's right of renewal for an additional decade on application to the Registrar of Trademarks within the stipulated time and with the mandatory fee.
The Registrar's duty to notify the owner of the imminent expiry and the terms on which renewal may be effected.
The six-month grace period after expiry, with surcharge.
The process for removal from the register on non-renewal, and for restoration thereafter.
All brand owners should understand Section 25, because every deadline in this guide — the early-filing window, the grace period, the restoration limit — is a creature of this single provision read with the Trade Marks Rules, 2017.
Removal of a Registered Trademark Due to Non-Renewal
Before a registration expires, the Registrar gives notice to the owner of the imminent expiry and the terms of renewal. If the renewal requirements are not fulfilled within the prescribed period, the Registrar is authorised to remove the trademark from the register — extinguishing the exclusive rights attached to the mark and leaving the brand open to misuse by others.
The Act softens this with two safety nets, in sequence:
The six-month grace period. For six months after expiry, the owner can still renew by paying a surcharge on top of the regular renewal fee. Crucial — but it adds cost, and the lapse creates a window of vulnerability, so it should never be relied on as a substitute for timely renewal.
Restoration. If the mark is delisted for non-payment of the renewal charge, the holder can apply for reinstatement within one year from the last registration's end date. The Registrar may reinstate and renew the mark on receiving the application and applicable fee — subject to conditions or limitations. This is the final opportunity to recover a mark that has fallen off the register.
The Registrar's Expiry Notice — A Backup, Not a Reminder
A point most owners misunderstand: Section 25 obliges the Registrar to notify you before expiry — and most owners quietly treat that statutory notice as their reminder system. That is a mistake.
The notice goes to the address on the register. Businesses that moved office, changed agents, or never recorded an assignment often simply never receive it.
The duty to renew is the owner's, not the Registrar's — a notice that went astray is no defence to removal.
Portfolios with multiple marks registered in different years are the classic failure case: each mark has its own decade, and one quietly slips while the others are watched.
Renewal Is Published in the Journal Too — The Stage Most Guidance Omits
Virtually every guide describes renewal as "file the form, pay the fee, get the certificate." What most omit is that the process has a public stage of its own: once the Registry's scrutiny is complete, details of the renewed trademark are publicised in the Trademark Journal for four months, allowing third parties to raise objections.
If objections surface, the applicant must respond in time — and a hearing may be organised to settle the matter if it is not resolved on paper.
The Trademark Renewal Certificate issues only after the publication period runs and any disputes are resolved — which is why renewal is not always the instant formality owners expect.
The practical takeaway: file early enough that scrutiny queries, publication and any objection can all play out before your existing validity runs down.
The Lapse Window — Where Brands Get Hurt
Between expiry and a completed grace-period renewal or restoration, the mark sits in a lapse window — and this is where the real damage happens, quietly.
Enforcement weakens immediately. Marketplace takedowns, infringement notices and court actions all lean on a subsisting registration; a lapsed mark blunts every one of them.
Third parties move in. Copycats and squatters monitor removals; a lapsed mark is an invitation to adopt — or attempt to register — something confusingly similar.
Deals stall. Licensing, franchising and investment due diligence flag a lapsed registration instantly, and the surcharge or restoration penalty becomes the least of the cost.
The practical discipline. Renew before expiry, every time. The grace period and restoration exist as safety nets — but a safety net you plan to land in is not a strategy.
Deadlines
Trademark Renewal Filing Deadlines
Timing is everything in trademark renewal online. The application should be lodged before the mark's expiration, and the key deadlines to remember are:
Up to one year before expiry — the earliest you can initiate the renewal application. Early renewal is allowed and recommended.
Six months before expiry — the recommended deadline, ensuring the renewal is processed in good time, with room for scrutiny queries and journal publication.
Within six months after expiry (with surcharge) — if the registration has elapsed, renewal is still attainable in this grace window, at an additional surcharge on the standard government fee.
Revocation — if the mark is not renewed before expiry or within the six-month grace period, the registration is revoked and the mark removed from the register.
Restoration window — an application for reinstatement must be submitted within one year from the last registration's end date following cancellation.
Missing these windows can be costly. VakilKaro maintains a proactive renewal calendar for every client so that no deadline is ever overlooked.
Methods of Trademark Renewal — With or Without Alterations
Under Section 25 and the Trade Marks Rules, 2017, renewal can take one of two forms — and the choice is worth making deliberately, before filing.
1. Renew with alterations
This option lets you update specific signs or words in the current trademark during renewal — useful when a brand has refreshed its logo, tagline or visual identity and wants the registered mark to reflect those limited changes. Alterations must be within the scope permitted by law and must not substantially change the identity of the mark; a change that goes to the mark's essential character is a new application, not a renewal.
2. Renew without alterations
The trademark is renewed exactly as registered, with no change to design or wording, and continues for another ten years. This is the most frequent route — and the safest, since it invites no questions about the mark's identity.
Restoring Your Trademark — A Discretionary Remedy
Should a trademark lapse and be removed from the register, the holder isn't out of options: they can opt for trademark restoration. The process mirrors renewal but with an added catch — an extra penalty for surpassing the expiration date — and one qualification most guidance glosses over: restoration is subject to the Registrar's discretion, and may be granted with conditions or limitations.
Restoration operates under the same Section 25 process — application for reinstatement within one year from the last registration's end date, with the required fee plus surcharge/penalty.
Once granted, the mark is revived and treated as renewed for a further term.
Because it entails further cost, discretion and possible conditions, restoration is a remedy of last resort — it is always better to renew on time than to rely on restoration.
Who Can Apply for Trademark Renewal?
The right to apply rests with the registered proprietor — the person or entity in whose name the mark stands registered. In practice, the application may be filed by:
The registered trademark owner — an individual, proprietorship, partnership, LLP, company, society, trust or any legal entity that holds the registration.
An authorised agent or trademark attorney — acting under a valid Power of Attorney, which is exactly the role VakilKaro performs for its clients.
An assignee or successor-in-interest — where the trademark has been assigned or transferred, the new owner (once recorded on the register) may apply.
Regardless of who files, the application must carry the correct documentation and prescribed fee, within the Section 25 timelines — and unrecorded assignments or address changes are a common source of avoidable complications at exactly this point.
Difference between Trademark Registration and Trademark Renewal
Registration is the one-time process of first securing legal rights over a mark; renewal is the periodic process of keeping those rights alive.
| Nature | First-time process of securing legal rights over a new mark | Periodic process of extending an existing registration |
|---|---|---|
| Form | Form TM-A | Form TM-R (earlier TM-12) |
| Stages | Examination, publication and possible opposition | Scrutiny and journal publication for objections |
| Outcome | Registration certificate valid for 10 years | Renewal certificate valid for a further 10 years |
| Frequency | Done once for each mark | Repeated every 10 years, indefinitely |
Documents
Documentation Needed for Trademark Renewal
The following should accompany the TM-R renewal form when submitted to the Registrar of Trademarks (RoT) — having them ready ahead of time means smooth, error-free filing.
| Certified copy of the original trademark registration certificate | Establishes the registration being renewed and its dates |
|---|---|
| Certified copy of the Form TM-A used at initial registration | Anchors the renewal to the original application record |
| Identification proof of the applicant | Verifies who is applying |
| Residence proof of the applicant | Confirms the applicant's address for the register |
| Power of Attorney (where an agent or attorney files) | Authorises the representative to act on the owner's behalf |
A note on the form. Under the Trade Marks Rules, 2017, the renewal application is filed using Form TM-R, which consolidated the earlier TM-12 form. Older guidance still references TM-12; the current, correct form is TM-R — and VakilKaro ensures the correct, current form and complete documentation are filed in every matter.
Step-by-step Process
Trademark Renewal Online Procedure in India
India's trademark renewal process is a structured, four-step journey to make sure your mark lasts long.
Step 1 — Submitting the Application (Form TM-R)
Fill out and submit Form TM-R to the Trademark Registry with the prescribed fee, including the trademark registration number of the mark being renewed, its current status and class of goods/services, and the applicant's contact details with authorisation (Power of Attorney, where applicable).
Step 2 — Scrutiny and Review
Application and documentation are examined by the Registrar against the criteria for renewal – the legitimacy of the mark in question, and compliance with the conditions laid out. In case there are discrepancies, questions are posed by the Registry; prompt responses will move the process forward.
Step 3 — Announcement in the Trademark Journal
Once concerns are addressed, details of the renewed trademark are publicised in the Trademark Journal for 4 months, allowing third parties to express objections. Should objections surface, the applicant must respond in time — and a hearing may be organised to clarify and settle the matter if it is not resolved.
Step 4 — Granting the Trademark Renewal Certificate
At the end of the publication period, with all disputes resolved, the Registry issues the Trademark Renewal Certificate — the official confirmation of your renewed trademark for another decade.
Timelines
Key Timelines at a Glance
The relevant renewal time frames and consequences under Section 25 and the Trade Marks Rules, 2017:
| Validity of a registered trademark | 10 years from registration or last renewal |
|---|---|
| Earliest renewal filing | Up to 1 year before expiry |
| Recommended renewal deadline | 6 months before expiry |
| Grace period (with surcharge) | Within 6 months after expiry |
| Non-renewal outcome | Registration revoked; mark removed from register |
| Restoration / reinstatement window | Within 1 year of last registration's end date |
| Journal publication of renewal | Advertised for 4 months for objections |
Always confirm current timelines and fees with a VakilKaro trademark expert, as procedures may be updated.
Fees
Trademark Renewal Fees
Every renewal attracts a prescribed government fee under the Trade Marks Rules, 2017, payable with Form TM-R, in addition to professional charges.
| Timely renewal (before expiry) | Standard prescribed government fee with Form TM-R |
|---|---|
| Renewal in the 6-month grace period | Standard fee plus an additional surcharge |
| Restoration after removal | Renewal fee plus a further penalty; subject to the Registrar's discretion |
| Applicant category | Fees can vary for individuals / startups / small enterprises versus other categories |
The cost escalates at every stage of delay — standard fee, then surcharge, then penalty with discretion attached — which is the financial argument for renewing early. VakilKaro provides transparent, all-inclusive quotes covering filing, documentation and follow-up, so there are no hidden surprises; for an exact, up-to-date estimate for your mark, speak to a VakilKaro trademark expert.
Consequences of Not Renewing Your Trademark
Failing to renew on time can have serious and far-reaching consequences:
Loss of exclusive rights — once removed from the register, the mark no longer enjoys statutory protection, and the owner loses the exclusive right to use it.
Vulnerability to misuse — competitors or third parties may adopt or even register a similar mark, eroding your brand and goodwill.
Weakened enforcement — without a valid registration, taking legal action against infringers becomes significantly harder and more expensive.
Additional cost and uncertainty — reviving a lapsed mark requires a surcharge or penalty and is subject to the Registrar's discretion, with no guaranteed outcome.
Because the cost of renewal is small compared with the value of an established brand, timely renewal is one of the smartest, most cost-effective protections a business can put in place.
Common Challenges and Solutions
| Renewal date forgotten across a multi-mark portfolio | Maintain a tracked renewal calendar per mark — each registration has its own decade |
|---|---|
| Registrar's expiry notice never received | Keep the register address current; treat the notice as backup, not your reminder |
| Brand identity refreshed since registration | Choose renew with alterations for limited changes — or file fresh if the identity has substantially changed |
| Expiry already passed | Use the 6-month grace period with surcharge — immediately, before the window closes |
| Mark removed from the register | Apply for restoration within 1 year of the last registration's end date, with fee and penalty |
| Objection raised during journal publication of the renewal | Respond in time; attend the hearing if one is organised |
| Ownership changed since registration | Record the assignment or succession before filing so the correct proprietor renews |
| Scrutiny queries from the Registry | Provide quick, accurate answers with supporting documents |
Common Mistakes to Avoid
Most trademarks lose their protection not because the mark failed, but through preventable errors in the renewal procedure.
Forgetting the renewal date — relying on memory instead of a tracked calendar; the ten-year term can quietly slip by, especially for businesses managing multiple marks.
Waiting until the last minute — leaving renewal to the final days increases the risk of errors, delays, or missing the deadline entirely. File up to a year early.
Ignoring the Registrar's expiry notice — treating the statutory notice as optional rather than acting on it promptly.
Incomplete documentation — submitting Form TM-R without the certified registration certificate, TM-A copy, ID/residence proof or Power of Attorney, leading to objections and delay.
Letting the grace period expire — assuming the six-month window is unlimited; once it passes without renewal, the mark is revoked and only restoration remains.
Not updating ownership details — failing to record assignments or address changes, which can complicate the renewal filing.
VakilKaro's proactive renewal management eliminates these risks with deadline tracking, complete documentation and expert filing — so your trademark is renewed correctly and on time, every time.
Tips for a Smooth and Timely Renewal
Diarise your renewal date — record the registration date and set reminders well ahead of the ten-year mark, ideally a full year in advance.
Keep your documents organised — certified copies of the registration certificate and the TM-A form, with current ID and address proof, so filing is quick.
Decide on alterations early — if you intend to refresh your logo or wording, plan whether to renew with or without alterations before filing.
Verify ownership details — ensure assignments, mergers or address changes are recorded so the renewal reflects the correct proprietor.
Engage a professional — a trademark expert tracks deadlines, prepares accurate filings and responds to any objections, removing the risk of costly errors.
Never depend solely on the Registrar's notice — treat the statutory expiry notice as a backup, not your primary reminder.
Following these steps — or simply entrusting the matter to VakilKaro — ensures your brand's protection continues seamlessly into its next decade.
How VakilKaro's Trademark Renewal Process Works?
Step 1 — Portfolio and calendar setup. We record every mark you own with its registration and renewal dates, and set a proactive renewal calendar with reminders well before the ten-year mark — including grace-period and restoration windows for any mark already at risk.
Step 2 — Details and documentation. Our seasoned experts gather all requisite details — registration number, class, current status, proprietor particulars — and assemble the certified registration certificate, TM-A copy, ID/residence proof and Power of Attorney.
Step 3 — Drafting and internal scrutiny. We diligently craft the Form TM-R application with precision and adherence to the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, then scrutinise and tweak it to pre-empt objections before it ever reaches the Registry.
Step 4 — Filing with the Registrar. We manage the online submission with the Registrar of Trademarks, guaranteeing timely, accurate document delivery — with alterations handled correctly where the mark is being renewed with limited changes.
Step 5 — Scrutiny, publication and objections. We respond promptly to any Registry queries, monitor the four-month Trademark Journal publication, and handle any objections or hearings that arise before the certificate issues.
Step 6 — Certificate and the next decade. We deliver your Trademark Renewal Certificate, update your renewal calendar for the next cycle, and remain on hand for trademark registration, trademark objection, trademark opposition and trademark restoration whenever needed.
Why Choose VakilKaro?
Why Choose VakilKaro?
VakilKaro (Jsons Solicitors Pvt Ltd) is a Jaipur-based legal-tech company offering a full spectrum of business and IP services — with a team of 50+ professionals, a strong track record across company registration, trademark, GST, FSSAI, NBFC/microfinance, NGO and ODR services, and a 100% bootstrapped, client-first approach. When it comes to protecting your brand, VakilKaro is the partner that never lets a deadline slip.
| Proactive Renewal Calendar per Mark | Included |
|---|---|
| Form TM-R Drafting & Online Filing | Yes |
| Complete Documentation & Power of Attorney | Yes |
| Grace-Period & Restoration Handling | Yes |
| Journal Objection Responses & Hearings | Yes |
| Renew With or Without Alterations | Advised & handled |
| Timely Updates at Every Stage | Yes |
| Registration, Objection, Opposition & Restoration Support | Complete |
| Transparent All-Inclusive Fees | No surprises |
Your trademark is one of your most valuable business assets — keep it protected without interruption. VakilKaro's trademark experts handle the entire trademark renewal online process — from filing Form TM-R to securing your Trademark Renewal Certificate — and track every deadline, including the six-month grace period and restoration windows. Talk to a VakilKaro trademark expert today and keep your brand secure for the next decade and beyond.