Trademark Renewal in India: Form TM-R, Fees, Grace Period and Restoration
Picture a brand whose application was filed on 14 March 2017. Its protection ends in March
2027, the renewal window has been open since March 2026, and today, in October 2026, the owner
has roughly five months left at the plain fee. To renew a trademark in India, you submit
Form TM-R and pay the fee class by class, and you can do it at any point in the
final twelve months of the term.
Renewal Filed via
Form TM-R
Plain Renewal (Online)
₹9,000 per Class
Term of Protection
10 Years, Renewable
Key takeaways
Protection runs for ten years, counted from the application date, and each renewal adds ten more.
Form TM-R is the only form you need, whether you are early, late or restoring.
Filing opens twelve months before expiry. Early filing costs the same as last-minute filing, so there is no reason to wait.
Missing the date by up to six months adds a surcharge. Missing it by more means a restoration, which costs about double.
Past one year after expiry, the old registration cannot be revived at all.
Find your real expiry date first
Most owners count ten years from the day the certificate arrived. That is usually wrong. The
term starts on the date the application was filed, and registrations often take
two or three years to come through. A brand that filed in 2017 and got its certificate in 2019
is not safe until 2029. It expires in 2027.
Look the mark up on the IP India public search and read the renewal date from the register. If
you need the background on how filing dates are fixed, our guide to trademark registration
covers it.
The Registry
is meant to send a reminder on Form RG-3 within the six months before expiry. Do not build your
plan around it. The notice goes to the address recorded years ago, and if the business has
moved, it goes nowhere.
The calendar: what each date means for you
Find where you stand today, then follow the row.
| Where you are |
What to do |
What it costs you |
| Earlier than twelve months before expiry |
Wait. The portal will not accept it yet |
Nothing |
| Twelve months before expiry up to the expiry day |
File Form TM-R |
Base fee |
| Up to six months after expiry |
File Form TM-R and pay the late surcharge |
Base fee plus surcharge |
| Six to twelve months after expiry |
File Form TM-R as a restoration |
Roughly twice the base fee |
| Beyond twelve months after expiry |
File a brand-new application |
Full new filing, new date |
The twelve-month opening comes from Rule 57 of the Trade Marks Rules, 2017. The late-filing
allowance is written into the proviso to Section 25(3) of the Trade Marks Act, 1999.
Restoration falls under Rule 60. During the first six months after expiry, your mark is still
listed on the register. Once that period ends without a filing, the Registrar removes it.
What the government charges
Fees are fixed in the First Schedule to the 2017 Rules and apply per class. Professional charges
come on top. The amounts below are what current guides report for e-filing and physical filing.
| Filing type |
Online |
On paper |
| Plain renewal |
₹9,000 |
₹10,000 |
| Late-filing surcharge (extra) |
₹4,500 |
₹5,000 |
| Late renewal, total |
₹13,500 |
₹15,000 |
| Restoration with renewal, total |
₹18,000 |
₹20,000 |
The "late renewal, total" row is the base fee plus the surcharge, so check it against the
schedule on the IP India site before you pay. Published sources disagree on a few figures, and
some providers mention a lower fee for individuals, startups and small enterprises. That
concession is not confirmed here, so ask before you rely on it.
For a mark registered in four classes, the plain renewal is four times the per-class figure. You
can renew only the classes you still trade in. Classes you leave out simply expire.
Filing Form TM-R online, click by click
Anyone with a registered account on the portal can file, whether you are the proprietor or an
agent acting for you.
1
Match the record
Search the mark and confirm the owner's name, address and classes shown on the register.
2
Sort out ownership
If the brand changed hands, or the company name changed, record the change using Form TM-P first. A renewal should be filed in the name of the person on the register.
3
Open Form TM-R
Sign in to the e-filing portal and open Form TM-R.
4
Enter registration number and classes
Enter the registration number and tick the classes to renew.
5
Check the address
Check the address you give. It is where every later notice will land.
6
Pay online
Pay online for each class.
7
Sign and submit
Add a digital signature if the portal asks for one, then submit.
8
Download the acknowledgement
It proves you filed in time, even if the Registry takes weeks to act. No proof of use needs to accompany a renewal.
A short check that saves a rejection
Before you pay, run through these points:
Is the mark still registered in the name you are about to file under? An unrecorded sale is the most common reason renewals stall.
Does the register show it as live, or has it already been removed? A removed mark needs the restoration route, not a plain renewal.
Which classes are you still using? Paying for a dead class is wasted money.
Do you have records of real use? Renewal does not ask for them, but under Section 47 a third party can apply to remove a mark that has gone unused for five years and three months. Keep invoices and ad samples.
A trademark status and search report is a quick way to cover the first three points.
If the date has already passed
Within six months of expiry
Treat it as a normal renewal with an extra charge. File Form TM-R, add the surcharge, and the
mark stays on the register. The longer you wait inside this window, the more risk you carry,
since your registration is unprotected for that period in practice if a dispute arises.
Between six months and one year after expiry
This is restoration. The form is the same, but the fee roughly doubles and the Registrar decides
whether to restore. A plain, honest explanation helps: a notice that went to an old address, a
change of management, or illness in the person who handled filings. Vague excuses do not. Some
guides count the one-year limit from removal. Rule 60 counts it from expiry, so plan on the
earlier date.
More than one year after expiry
No route back. You file a fresh application for the mark, and it gets a new filing date. Anyone
who applied for a similar mark in the meantime may rank ahead of you.
After you file
The Registry examines the application. A properly filed renewal is normally allowed, unless the
mark has been removed or cancelled or is affected by a court or Registrar order. Under Rule 61,
the renewal is advertised in the Trade Marks Journal, and the register then shows an expiry date
ten years beyond the old one. Keep the acknowledgement and the renewal record in your IP file,
since you will need them if the mark is ever challenged.
What an expired mark costs you
This is an assessment of how registration works, not a quote from a source.
Enforcement gets harder. A live registration is the base for an infringement action. Without it, you fall back on passing off, which is harder to prove.
Someone else can register a lookalike. Once your mark leaves the register, nothing stops an application for a similar one.
Marketplace brand programmes can drop you. They usually need an active registration.
Each missed step costs more. Surcharge first, then a restoration fee, then a full new filing.
How LegalDev can help
If you would rather hand the renewal over, the LegalDev Tax Team can take it from the register
check to the acknowledgement. We confirm the expiry date and classes, clear any ownership
record, prepare and file Form TM-R, and follow it through to the Journal notice. For marks
already past expiry, we work out which window you are in and prepare the restoration with a
clear account of the delay. Send us the registration number and we will tell you where the mark
stands and what the government fee will be.
Frequently asked questions
Ten years from the filing date, with ten-year renewals after that, under Section 25 of the Trade Marks Act, 1999.
Form TM-R. It also serves for late renewal and for restoration.
Twelve months before expiry, under Rule 57.
Around ₹9,000 per class online and ₹10,000 on paper. Late filing adds a surcharge, and restoration costs more. Verify against the current fee schedule.
Yes, for six months with a surcharge. After that, the mark is removed and only restoration is left.
Up to one year after expiry. Beyond that, file a new application.
No. But a mark left unused for five years and three months can be attacked by a third party, so keep use records.
The proprietor on the register. If the sale is not recorded, file Form TM-P first.
The mark leaves the register after the grace period, and you lose the benefits of registration.
Yes. The classes you skip expire.