Trademark Renewal

A registered Indian trademark is not perpetual — it is renewable in perpetuity, which is a different thing entirely. The statute, Section 25 of the Trade Marks Act 1999, grants registration for an initial period of 10 years from the date of application, and then keeps the mark alive only so long as the registered proprietor keeps filing renewals on time, every 10 years, in successive cycles. The mechanism is administrative; the consequence of getting it wrong is commercial. A missed renewal pushes the mark first into restoration territory and then, if restoration is also missed, into removal — at which point the brand the business spent two decades building drops back into the public register and a competitor can lawfully apply to register it.

The renewal framework is governed by Section 25 of the Trade Marks Act 1999 read with Rule 57 to Rule 62 of the Trade Marks Rules 2017. The renewal is filed on Form TM-R with the prescribed government fee. The window for renewal opens 6 months before the date of expiry and closes on the date of expiry. If the renewal is not filed in this window, the Registrar is statutorily required under Section 25(3) to send a notice in Form RG-3 / O-3 warning the proprietor; if the renewal is still not filed, the mark is removed from the register. Restoration is possible within 1 year of expiry on payment of the renewal fee plus a restoration surcharge under Section 25(4); the restoration is published in the journal and is open to opposition by third parties whose intervening rights might be affected. Beyond 1 year of expiry, restoration is not available as of right — the proprietor has to file a fresh application and loses the original priority date along with two decades of accumulated goodwill in the register.

We run trademark renewal as a calendar-driven engagement — the renewal date for every Indian and foreign mark in the portfolio is diarised, the Form TM-R filing is prepared 6 months in advance, and restoration filings are pursued on the rare occasion that they are required.

What the Renewal Engagement Covers

• Renewal Calendar Build:: Every registered mark catalogued — registration number, date of application, class, current proprietor, address for service, renewal due date 10 years from filing date, restoration deadline 1 year thereafter.

• Pre-Expiry Filing (6-Month Window):: Form TM-R prepared with current proprietor details, address for service, mark representation; statutory fee paid; filing receipt secured well before the expiry date — typically 90-120 days in advance to absorb any objection.

• Address-for-Service Update:: Where the proprietor's address has changed, address for service is updated on Form TM-50 ahead of renewal so future Section 25(3) notices, opposition notices and journal references reach the right inbox.

• Assignment Recordal Where Pending:: Where the mark has been assigned but the recordal under Section 45 is pending, the recordal is completed on Form TM-P before renewal so that the renewal is filed in the name of the correct proprietor.

• Section 25(3) Notice Tracking:: The Registrar's pre-removal notice in Form RG-3 / O-3 is monitored on the IP India portal; if served, immediate renewal filing initiated to avoid removal.

• Restoration Within 1 Year (Section 25(4)):: Where renewal has lapsed, restoration application filed on Form TM-R within 1 year of expiry with renewal fee plus restoration surcharge; opposition window monitored after journal publication of the restoration.

• Foreign Renewal Coordination:: For Madrid Protocol designations and direct foreign filings, renewal calendars in each jurisdiction (e.g. USPTO Section 8 / 9 in the USA, EUIPO 10-year, UKIPO 10-year) coordinated with local agents.

Why Renewals Lapse — and What Lapse Costs

The single most common reason a renewal lapses is administrative — the address for service on the IP India record is outdated, the Section 25(3) notice does not reach the proprietor, and the in-house team had no independent diary. The cost of the lapse is rarely just the restoration surcharge; it is the reputational damage of losing the ® on packaging mid-cycle, the litigation exposure if a competitor opposes the restoration, and in worst cases the complete loss of the mark after the 1-year restoration window closes. Calendar discipline is the single highest-leverage piece of brand protection — and it is a paid service for a reason.