Introduction
A registered trademark does not last forever. In India, every trademark registration is valid for 10 years from the date of the original application — and must be renewed before it expires to maintain legal protection. Miss the renewal deadline and your trademark lapses, your brand protection disappears, and a competitor can register your own brand name against you. This comprehensive guide by Trademark & Legal Hub explains the complete trademark renewal process in India, the deadlines you must know, the fees involved, and what to do if your trademark has already lapsed.
Critical fact: Trademark protection in India expires 10 years from the DATE OF APPLICATION — not from the date of the Registration Certificate. Many business owners calculate from the wrong date and miss their renewal window. Check your application date on the IP India portal immediately.
Why Trademark Renewal is Non-Negotiable
Every brand in Chandigarh, Mohali, Zirakpur, and Panchkula that has invested in trademark registration must treat renewal as a priority business compliance matter. The consequences of missing a trademark renewal deadline are severe:
- Your trademark is removed from the Trade Marks Register and enters the public domain
- Any person — including your direct competitor — can file a fresh application for the same mark
- You lose the right to use the ® symbol and the legal protection that comes with registered status
- You can no longer take infringement action under the Trade Marks Act — only the more difficult passing off action
- Your brand’s value as a business asset disappears — trademarks are assets only when they are registered and maintained
Trademark Renewal Deadlines: The Three Windows
Window 1: Advance Renewal (Up to 1 Year Before Expiry)
The ideal time to renew your trademark is during the 12-month window before the expiry date. Filing in advance during this window means you pay only the standard renewal fee, face no surcharge, and ensure zero gap in your protection. This is the window Trademark & Legal Hub proactively targets for all clients in our portfolio management programme.
Window 2: Grace Period (Up to 6 Months After Expiry)
If you miss the pre-expiry renewal window, you have a grace period of 6 months from the expiry date to renew by paying the normal fee plus a 50% surcharge. During this grace period, the mark is technically expired on the Register, which can cause complications in enforcement.
Window 3: Restoration (6 to 12 Months After Expiry)
If the grace period also passes, the mark is removed from the Register. However, you have a further 6-month window (i.e., between 6 and 12 months after expiry) to apply for restoration of the trademark under Section 25(4) of the Trade Marks Act, 1999. A restoration application requires an explanation for the delay, evidence of continued use, and payment of the restoration fee.
After 12 Months: Mark Enters Public Domain
Once 12 months have passed since the expiry date without renewal or restoration, the trademark is permanently lost and enters the public domain. There is no further recourse — a fresh application must be filed, which starts the registration process from scratch.
Trademark Renewal Fees in India 2025
- Individual / Startup / MSME: ₹4,500 per class (standard) | ₹6,750 per class (with surcharge)
- Company / LLP / Partnership: ₹9,000 per class (standard) | ₹13,500 per class (with surcharge)
Note: Fees apply per class. If your trademark is registered in multiple classes, renewal fees apply separately for each class.
Step-by-Step Trademark Renewal Process
Step 1: Check Your Renewal Date
Log in to the IP India portal (ipindia.gov.in), go to Trade Marks → Public Search, and search for your trademark number. The search results will show your application date and current status. Add 10 years to the application date to find your first renewal deadline.
Step 2: Verify Current Registration Details
Before renewing, verify that the registered proprietor’s name and address are current. If the business has been restructured, renamed, or if ownership has changed, these changes should be recorded with the Registry before or alongside renewal via Form TM-P.
Step 3: File Form TM-12 Online
The renewal application is filed using Form TM-12 on the IP India portal. Required information includes the trademark number, registered proprietor details, the class(es) being renewed, and a declaration of continued use. Trademark & Legal Hub files renewal applications on behalf of all clients in our portfolio.
Step 4: Pay the Renewal Fee
The renewal fee is paid online through the IP India payment gateway. Always pay for every class in which your trademark is registered — do not miss any class or that class’s protection will lapse while others remain active.
Step 5: Receive Confirmation
Upon successful filing, a digital acknowledgement is issued. The Registry updates the trademark database to reflect the renewed status. The renewal takes effect from the original expiry date, maintaining continuous protection.
Managing Multiple Trademark Renewals
Businesses in Chandigarh, Mohali, Zirakpur, and Panchkula that have built trademark portfolios over the years — with multiple marks in multiple classes — face the challenge of managing multiple renewal deadlines. Different marks may have been filed at different times and therefore have different expiry dates.
Trademark & Legal Hub provides portfolio management services that track all renewal deadlines and send advance reminders to clients, ensuring no mark in your portfolio is accidentally allowed to lapse. If you have multiple trademarks and are unsure of their renewal dates, contact us for a free portfolio audit.
What If Your Trademark Has Already Lapsed?
Less Than 6 Months After Expiry
File immediately using Form TM-12 and pay the renewal fee plus the 50% surcharge. Your protection is technically restored and backdated to the expiry date upon successful renewal.
Between 6 and 12 Months After Expiry
File a restoration application under Section 25(4) of the Trade Marks Act, 1999. This requires a formal petition explaining the reasons for the delay, evidence of continued use of the mark since expiry, and an affidavit from the proprietor. Trademark & Legal Hub handles all restoration applications and petitions for Tricity clients.
More Than 12 Months After Expiry
Unfortunately, restoration is no longer available. You must file a fresh trademark application for the same mark, which will be treated as a completely new application. The mark may face objections or opposition from parties who may have filed in the interim. Contact Trademark & Legal Hub immediately to assess your options.
Conclusion
Trademark renewal is one of the most time-critical compliance obligations for every business with a registered trademark. Unlike most other business compliances, missing a trademark renewal deadline can result in permanent, irreversible loss of your brand’s legal protection. Trademark & Legal Hub actively manages renewal deadlines for our clients and ensures no mark lapses due to an oversight. If your trademark is approaching renewal or has already expired, contact us at +91-7814757608 today.
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📧 Email: support@trademarkandlegalhub.com
📍 Address: 3A Savitry Enclave, VIP Road, Zirakpur, SAS Nagar, Punjab – 140603
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