Form TM-R: renewing and restoring a registered trademark

When to renew

A trademark registration is valid for 10 years from the date of application, not from the date of registration. Many owners are surprised that a mark registered late in the process expires sooner than expected.

Section 25 allows renewal within one year before expiry. The Registry usually sends a reminder notice before expiry, but the obligation to renew is the owner's, and reminders may not reach an outdated address. Renewing early within the one-year window costs the same as renewing on the last day and avoids the risk of portal issues close to the deadline.

Official fees

Unlike TM-A, the renewal fee is the same for all applicants, including individuals, startups and small enterprises. Each class must be renewed and paid for separately, so a mark registered in five classes needs five class fees.

Late renewal and restoration

If the deadline is missed, the mark is not lost immediately. Within six months after expiry the owner can renew by paying the surcharge. After that the Registrar may remove the mark from the register, and the owner can apply for restoration and renewal within one year from the expiry date, with the restoration fee.

Beyond that, restoration is generally not possible and the owner may need to file a fresh application, losing the original priority date. Someone else could also file for the same or a similar mark in the gap.

Renewal and enforcement

A registration must be in force to sue for infringement and to use the ® symbol. Before sending a legal notice or filing a suit, check that the mark is renewed for all relevant classes. Customs recordal and marketplace brand protection programmes also generally require a valid, renewed registration. Licensees and distributors sometimes rely on the owner's mark, so a lapse can affect the whole distribution chain.

Documents and details needed

If the owner's name or address has changed since registration, file the alteration request before or along with renewal, so the renewal certificate shows correct details. Recording an assignment is also necessary where the mark has been transferred to a new owner, such as a company taking over from its founder.

• Registration number and class
• Name and address of the registered proprietor as on record
• Power of attorney if filed through an agent
• Record of any change in proprietor or address (update first through TM-P)

Common mistakes and consequences

Common mistakes include calculating expiry from the registration date, relying solely on Registry reminders, renewing only some classes by mistake, and filing renewal in the name of a new owner without recording the assignment. A lapsed mark weakens enforcement, as infringement actions depend on a valid registration. Keep a portfolio calendar with expiry dates for every mark and class, and diarise renewal at least six months ahead. Where many marks are held, a single annual review is usually enough to catch them.

Step by step

1. 1Check expiry

   Confirm the expiry date, calculated 10 years from the application date.

2. 2Update records

   Record any change in name, address or ownership first.

3. 3File TM-R

   File online within one year before expiry, or with surcharge after.

4. 4Pay fee

   Pay ₹9,000 per class by e-filing plus any surcharge.

5. 5Track and download

   Check the status and download the renewal certificate.