How long a registration actually lasts
Ten years, counted from the date of filing the original application — not the date the certificate was issued, which can be a year or more later given how long examination and any opposition can take. This is a common point of confusion: two marks filed the same week but registered a year apart still expire on the same original filing-date anniversary, ten years on.
After the first ten years, the mark can be renewed indefinitely, ten years at a time, for as long as the owner keeps filing on time. There is no maximum number of renewals.
When you can and should file for renewal
Form TM-R can be filed up to one year before the expiry date. There is no benefit to waiting until the last moment, and real downside — a rejected or incomplete filing close to the deadline leaves little room to fix it before the grace period becomes the only option.
The registry also sends a renewal reminder (Form O-3) roughly a year out, but the same caution applies here as with status updates covered in our guide to status meanings: registry notices can land in spam or go to an outdated address. Track your own renewal date rather than relying on the reminder arriving.
The three windows, in order
1. Standard renewal window
Up to one year before expiry, through to the expiry date itself. File Form TM-R with the standard government fee. This is the cheapest and simplest option, and the one to aim for.
Any time before expiry2. Grace period (after expiry)
A six-month window after the expiry date in which the mark can still be renewed, with a surcharge added to the standard fee. The mark remains on the register during this window, but is vulnerable — a lapsed-looking entry can attract closer scrutiny if a dispute arises.
6 months from expiry, with surcharge3. Restoration window (after removal)
If the grace period also passes without renewal, the registry removes the mark from the register. It can still be restored within one year of removal, using Form TM-R with the restoration fee, which is higher than either of the earlier fees. Restoration is at the registrar's discretion and is not automatic on payment — and the mark is technically off the register in the meantime, which is a real risk if someone else tries to register something similar during the gap.
1 year from removal, discretionaryNot sure when your trademark is due for renewal?
Send us your application or registration number and we will check the renewal date and current status for you, free of charge.
If your mark has already been removed
Check the current status first — the registry portal will show whether it is still within the one-year restoration window or has passed it entirely. If restoration is still possible, file Form TM-R with the restoration fee as soon as practical; discretion tends to favour applicants who act promptly rather than those who wait out most of the year.
If the restoration window has closed, the mark is gone and the only route back is a fresh application — at which point the name is legally as available as any other, including to someone else who may have noticed the gap. This is one of the few situations in trademark law where genuinely nothing can be done after the fact, which is the reason renewal deadlines deserve the same seriousness as the objection and opposition deadlines covered in our guide to replying to an examination report.
Who is actually responsible for tracking the date
The registration owner, not the registry. The O-3 reminder is a courtesy, not a legal notice with consequences if missed, and it is sent to whatever address is on file — which becomes a problem for anyone who changed offices, changed trademark agents, or simply changed the email address they check. A practical habit: note the renewal date somewhere durable the moment the certificate is issued, well before the reminder is due.
Frequently asked questions
How long does a trademark registration last in India before renewal is due?
Ten years from the date of filing, not from the date of registration. Renewal is then required every ten years indefinitely; there is no cap on how many times a mark can be renewed.
When can I actually file the renewal application?
Up to one year before the expiry date, using Form TM-R. Filing early is generally simpler and cheaper than filing in the grace period.
What happens if I miss the renewal deadline?
You get a six-month grace period after expiry to renew with a surcharge. If that also passes, the mark is removed from the register, though restoration is possible for a further year with a higher fee and no guarantee.
Is renewal automatic if I keep using the trademark?
No. Continued use has no bearing on the registration itself. The registry does not renew marks automatically; you must file Form TM-R and pay the fee before the deadline or grace period runs out.
What is the difference between the renewal fee and the restoration fee?
The renewal fee applies if you file before expiry or during the six-month grace period, with a surcharge in the grace period. The restoration fee is higher again and applies only after the mark has actually been removed from the register, within the one-year restoration window.
Can a removed trademark always be restored?
Not guaranteed. The registrar has discretion, and a removed mark is briefly open to being picked up by someone else during the gap. Restoration is a request, not a right, so relying on it is riskier than simply renewing on time.