Renewal is the least demanding thing you will ever do with a trademark, and among the most common ways to lose one. The process is genuinely straightforward — the failures are almost entirely about timing.
The term
A trademark registration in India is valid for ten years, and can be renewed for successive ten-year periods indefinitely.
The steps
1. Check the status of the registration. This can be done on the Trade Marks Registry website, searching for the mark in question. Confirm the expiry date and that the address for service on record is current — the second matters more than it appears.
2. File the renewal application. Online through the Registry’s portal, or in person. The application must include the registration number, the name and address of the proprietor, and the goods or services covered.
3. The Registry processes it, and on approval the registration is renewed for a further ten years.
The timing
This is where care is needed, because there are three distinct windows and they carry different costs:
- The twelve months before expiry — the renewal window. Cheapest and safest.
- Six months after expiry — renewal remains possible, with additional surcharge fees.
- Between six and twelve months after expiry — renewal is no longer available, and the route is restoration, with restoration fees on top.
Twelve months after expiry, the mark is removed from the register. At that point the registration is gone, and only a fresh application is available — with no guarantee the register is still clear.
So the article’s caution is right and worth stating precisely: file before expiry, or additional surcharge and restoration fees apply.
The notice you should not rely on
Under Section 25(3), the Registrar must send the proprietor notice of the approaching expiry — the O-3 notice — and courts have consistently held that a mark cannot be removed for non-renewal where no such notice was served.
That is a real protection if your mark has already been removed. It is a poor operational plan. The notice depends on the Registry holding your current address for service and actually sending it, and proprietors have repeatedly had to approach the High Courts to restore marks removed without notice.
Diarise the expiry date from your own records, with a reminder at twelve months before — when the window opens, not when it closes.
One correction worth noting
Renewal in India is not conditional on proving use. The Registry does not examine whether the mark has been used, and does not reconsider registrability at renewal. It is an administrative process.
Use matters through a different route: a third party may seek cancellation for non-use where the mark has not been used for five years and three months. That is a contested proceeding brought by someone else — not something raised at renewal.
Start early
Begin the process well in advance of the expiry date. Renewal is also a natural moment to review the portfolio: which marks still matter, whether the specification still matches what you sell, and whether anything needs adding.
The takeaways
- Ten years, renewable indefinitely — file in the twelve months before expiry.
- Six-month grace with surcharge, then restoration between six and twelve months.
- Removal at twelve months — after which only a fresh application remains.
- Renewal requires no proof of use — non-use is a separate, third-party challenge.
Frequently asked questions
How do I renew a trademark in India? Check the registration’s status and expiry, then file a renewal application online or in person with the registration number, proprietor details and the goods or services covered.
When should the renewal application be filed? Within the twelve months before expiry. Filing after expiry attracts surcharge fees, and after six months requires restoration.
What happens if I miss the renewal entirely? The mark is removed from the register twelve months after expiry, leaving only the option of a fresh application.
Does renewal require proof that I have used the mark? No — renewal is administrative. Non-use is addressed separately through cancellation proceedings brought by a third party.
Useful official resources
- Trade Marks Registry — IP India
- The Trade Marks Act, 1999