A registration runs ten years from the filing date
Under Section 25 of the Trade Marks Act, 1999, a trademark registration is valid for ten years, counted from the date the application was filed, not the date the certificate was issued. Because examination, publication and registration often take a year or more, the clock has usually been running for a while before you receive the certificate. Check the date of application printed on the certificate, add ten years, and put that date in a calendar that more than one person can see.
Renewal is filed on Form TM-R
Renewal is requested on Form TM-R with the prescribed official fee, and each successful renewal extends the registration for another ten years. The Trade Marks Rules allow the application to be filed ahead of expiry, within a window that opens a few months before the date, so you do not need to wait for the last week. The exact window and the current fee are published by the Trade Marks Registry on the IP India portal; confirm both there at the time you file, because fee schedules are revised from time to time.
If the date passes, the mark is at risk but not always lost
The Act and Rules provide a limited period after expiry during which a renewal can still be filed with an additional surcharge. If that period also passes, the Registrar can remove the mark from the register, and a mark that has been removed is no longer a registered mark for the purpose of an infringement action. A restoration route exists for a short window after removal, but it is slower, costs more, and gives a competitor or an opportunistic third party a gap in which to file the same or a similar mark. Treat it as a rescue, not a plan.
What a lapse costs you in practice
While the registration is lapsed you lose the statutory presumptions of a registered owner, the ability to use the registered symbol, and the right to sue for infringement as opposed to passing off, which is harder to prove. Marketplace brand registries such as those run by large e-commerce platforms also generally require an active registration, so a lapse can quietly switch off your takedown tools right when a copycat appears.
Renewal is also the moment to clean up the record
Before you renew, check that the proprietor name and address on the register match your current business. If the mark was assigned, the owner changed its constitution, or the address moved, record those changes first so that the renewal is filed by the correct person. Also review the goods and services: if you no longer sell something listed in the specification, a long unused entry is a vulnerability if a rival applies to cancel the mark for non-use.
A simple renewal routine
Record the renewal date for every mark you own, set reminders at twelve, six and three months before it, and assign one named person to act. If you hold several marks across classes, keep them in one schedule instead of tracking each certificate separately. If you would rather not manage this yourself, ask your trademark advisor to keep a watch and renewal diary for the whole portfolio. Rules, forms and fees can change, so verify the current position on the IP India portal before filing.
Note: this guide is general information, not legal advice for your specific matter. Rules, fees and registry practice change. Before acting, speak to us about your situation.
