Trademark Post Registration

A trademark registration in India grants protection for 10 years from the filing date. To keep this protection alive, it must be renewed at the right time. If deadlines are missed, the law still provides grace mechanisms—first through renewal with surcharge, and then through restoration.

1. Trademark Registration Renewal

• Validity: 10 years from the filing date.

• When to Renew: The renewal application can be filed any time within 12 months before expiry.

• Form: TM-R

• Fee: ₹9,000 per class (online filing).

The Registrar issues a reminder notice six months before expiry to the proprietor’s recorded address. Timely renewal ensures uninterrupted rights over the mark.

2. Renewal with Surcharge

If renewal isn’t filed before the expiry date, the law allows an extended grace period.

• Timeline: Within 6 months after expiry.

• Form: Still TM-R, but filed as a belated renewal.

• Fee: Normal renewal fee (₹9,000) + surcharge (₹4,500 per class for online filing).

This late renewal keeps the registration intact but comes with the extra cost.

3. Trademark Restoration

If the mark is not renewed even within the 6-month grace period, the Registry may remove it from the Register. However, the proprietor has one last chance: restoration.

• Timeline: Within 1 year from the date of expiry.

• Form: TM-R (with restoration request ticked).

• Fee: Renewal fee (₹9,000) + restoration surcharge (₹9,000 per class online).

• Process:

  • Registrar examines the request.

  • If accepted, the restoration is advertised in the Trademark Journal.

  • After publication, the registration continues as before.

Failure to restore within this one-year period permanently ends the protection, and others may apply for identical or similar marks.

Why It Matters

• Timely renewal avoids unnecessary costs and legal uncertainty.

• Renewal with surcharge is a safety net, but it increases expenses.

• Restoration is the last lifeline—expensive and uncertain—so relying on it is risky.

For businesses, regular monitoring of trademark renewal deadlines is essential to ensure brand protection remains continuous and enforceable.