10-year renewal before expiry

Category: Trademark & IP. From ₹3,999. Typical timeline: 7–14 days.

Overview

A registered trademark is valid for 10 years from the date of application and must be renewed before expiry to keep the exclusive rights alive — lapse into the grace period brings a surcharge, and missing that window entirely can mean losing the mark and having to reapply from scratch, potentially against new conflicting applications filed in the interim. This service manages the renewal filing (Form TM-R) well ahead of the expiry date so protection continues without a gap.

Who needs it

• Businesses with a trademark nearing its 10-year renewal date
• Brand owners who let a mark lapse and need to restore it within the grace period
• Companies conducting a portfolio review who want to renew multiple marks together

Eligibility

• Applicable to any trademark registered in India that is approaching or has passed its 10-year validity period
• Renewal can be filed up to one year before expiry, or within the grace period after expiry with a surcharge
• The registered proprietor or an authorised agent can file the renewal

Documents required

• Copy of the original trademark registration certificate
• TM-R renewal form
• Power of attorney (Form TM-48), if filed through an agent
• Proof of use, if renewal is combined with a removal/restoration application

Process

1. Check renewal due date — Confirm the exact expiry date from the registration certificate or IP India portal record.
2. Prepare Form TM-R — Draft the renewal application with the registration number and proprietor details.
3. Pay government fee — Pay the prescribed renewal fee before or within the grace period after expiry.
4. File and track — Submit the renewal on the IP India portal and track it until the renewed certificate is issued.

Government fees

• TM-R renewal fee (e-filing, per class, individual/startup/MSME): ₹9,000
• TM-R renewal fee (e-filing, per class, other applicants): ₹18,000
• Surcharge for renewal after expiry (within grace period): ₹4,500 (individual/startup/MSME) / ₹9,000 (others), per class

Professional fee

Our fee starts at ₹3,999 per mark per class, covering due-date tracking, form preparation and filing.

Timeline

Filing itself takes 7–14 working days to prepare and submit; the renewed registration certificate is typically issued by the Registry over the following weeks.

Deliverables

• Filed TM-R renewal application with receipt
• Renewed trademark registration certificate once issued by the Registry

Frequently asked questions

How early can I renew my trademark?

Renewal can be filed up to one year before the expiry date, and the Registry also sends a reminder notice (Form O-3) roughly a year in advance.

What happens if I miss the renewal deadline?

The mark can still be renewed within a further grace period after expiry by paying a surcharge; if that window is also missed, the mark is removed and can only be restored through a separate application within a limited period, after which it lapses entirely.

Does renewal require proof of continued use?

Straightforward renewal (Form TM-R) does not require fresh proof of use, unlike restoration of a removed mark, which does.

Common mistakes

• Waiting until the last month to start the renewal process
• Missing the grace period entirely and losing the registration
• Not updating the proprietor's address, causing renewal reminder notices to go unnoticed
• Renewing only some classes when the mark covers multiple classes

Penalties for non-compliance

• Surcharge fee for renewal filed after the original expiry date but within the grace period
• Complete removal of the mark from the register if the grace period lapses without renewal or restoration
• Loss of priority date, exposing the brand to new conflicting applications by competitors

Legal references

• Trade Marks Act, 1999 — Section 25 governs duration and renewal of registration
• Trade Marks Rules, 2017 — Rule 57 to 68 prescribe the renewal procedure and Form TM-R
• Trade Marks Act, 1999 — Section 25(3) and (4) govern the grace period and restoration