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Trademark Renewal in India: Deadline, Fees, and What Happens If You Miss It

Trademark Renewal in India: Deadline, Fees, and What Happens If You Miss It

Trademark registration is not a one-time event. It’s an asset that requires active maintenance — and the most fundamental maintenance requirement is renewal.

Every registered trademark in India has a fixed validity period. Understanding the renewal timelines, the costs, and the consequences of missing them is essential to protecting your brand long-term.

How Long Does a Trademark Registration Last?

A trademark registration in India is valid for 10 years from the date of registration (which is backdated to the date of filing). After that, it must be renewed to remain in force.

There is no limit on how many times a trademark can be renewed. A mark that is actively used and consistently renewed can remain registered indefinitely.

When Should You File for Renewal?

The Trade Marks Act allows renewal applications to be filed up to 12 months before the expiry date. This is the ideal window — filing early avoids the risk of the registration lapsing due to administrative delays or unforeseen circumstances.

The Trade Marks Registry does not send automatic renewal reminders. This is an important point that catches many brand owners off guard. The responsibility for tracking renewal dates lies entirely with the trademark owner or their attorney.

The Late Renewal Window

If you miss the 12-month-before-expiry window and the registration expires, there is a six-month grace period during which you can file for renewal with a surcharge.

During this six-month window, the registration may show an “Advertised before removal” status on the IP India portal — a warning flag visible to anyone searching the register. The mark is technically still registered, but it is at risk.

What Happens After the Grace Period?

If you do not renew within the six-month late filing window, the Registrar proceeds to remove the mark from the register.

Once removed, the mark is no longer on the register. It is, in practical terms, abandoned. Anyone can apply to register it afresh — and without the benefit of your original filing date.

A fresh application starts the clock from scratch. You lose your priority date, which has real consequences for any pending disputes or enforcements that relied on your original registration date.

Restoration After Removal

Section 25(4) of the Trade Marks Act provides a limited restoration remedy. Within one year of the date of removal, the trademark owner can apply for restoration using Form TM-13.

Restoration requires payment of all outstanding renewal fees, the surcharge, and the restoration fee. But it is not automatic. The Registrar has discretion to allow or refuse the restoration based on the circumstances.

In practice, restoration applications that are filed promptly after removal and accompanied by evidence of continued use are often successful. But it is a discretionary remedy, not a right.

The Current Government Fees

As of current rates, the renewal fees are:

Individuals, startups, and small enterprises: ₹5,000 per class for online filing within time; an additional ₹3,000 surcharge for late filing within the six-month grace period.

Other applicants (companies, LLPs, etc.): ₹10,000 per class for online filing within time; an additional ₹5,000 surcharge for late filing.

If you hold registrations in multiple classes, the fees multiply per class.

Why Missing Renewal Is So Costly

The financial cost of renewal is modest. The cost of failing to renew is disproportionately high.

A competitor operating in your market — particularly one who has been monitoring your registration — can file a fresh application the moment your mark is removed. They gain priority from their new filing date. Displacing them requires you to either successfully oppose their application or litigate the matter.

For businesses undergoing investment due diligence, M&A transactions, or franchise deals, a lapsed trademark creates a gap in the IP portfolio that acquirers and investors treat as a red flag. The brand value associated with the mark may be discounted or the deal delayed while the situation is resolved.

For businesses that have built their brand and business model around a registered trademark, the lapse — even temporary — creates vulnerability across all those dimensions.

Good Portfolio Management Practice

The solution is straightforward: maintain a proper trademark register. This is a simple document or system listing every registered trademark, the date of registration, the renewal due date, and reminders set well in advance.

Set reminders at 18 months, 12 months, and 6 months before each expiry. Review the entire portfolio annually. If you work with a trademark attorney, ensure their docketing system captures all your renewal dates.

If you haven’t looked at your trademark renewal dates recently, now is the time to do it.

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