Where the proprietor of a trademark fails to renew the trademark prior to the expiry of the registration, there is a provision wherein an application under Form TM-R can still be filed within six months from the expiration of the registration of the trademark with a surcharge of INR 4500 per class in addition to the appropriate renewal fee.

However, if no application is filed within the stipulated six months grace period after the expiry of the registration of the trademark, then the trademark is deemed to have expired and shall accordingly be removed from the register.