Trademark Portfolio Audit.
The pre-renewal review service that maps registration status, renewal cycles, ownership recordal gaps, and class-wise specification fit across a multi-mark portfolio before renewal spend is committed.
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Trademark Renewal in India
A registered Indian trademark remains in force only if renewal is filed on time. A missed renewal exposes the mark to removal from the Register and the loss of statutory rights built over the registration term. Foreign brand owners without an Indian agent of record, and holders whose marks have expired but remain within the surcharge or restoration windows, are among those most exposed. Intepat operates trademark renewal as a calendared service for single marks and portfolios, with execution led by registered Trademark Agents on the Section 145 register.
Speak to a Trademark AttorneySection 25 Renewal
Renewal Calendar Management
Surcharge-Window Tracking
Restoration Support
Multi-Class Renewal
STATUTORY TIMELINE
Trademark Renewal Timeline: India
Renewal Due DateEvery 10 yearsFrom registration date
File Renewal Application6 months before expiryRecommended filing window
Grace PeriodUp to 6 months post-expirySurcharge applies
Renewal Registered~2–3 months from filing
What trademark renewal in India covers
The renewal practice covers everything that keeps a registered trademark in force under the Trade Marks Act, 1999.
In-time renewal.
Filing the prescribed renewal application within the pre-expiration window so the mark is renewed for ten years from the date of expiration of the last registration.
Surcharge renewal.
Filing the renewal application with the prescribed fee and surcharge within six months from the expiration date under the proviso to Section 25(3), where the in-time deadline has been missed.
Restoration and renewal.
Filing the prescribed restoration application within one year from the expiration date under Section 25(4), where the mark has already been removed from the Register.
Class scope.
Renewal is class-wise. Multi-class registrations are renewed on a single application across all classes. Collective and certification marks follow the same cycle under the Trade Marks Rules, 2017.
Ongoing portfolio docketing for multi-mark holders is handled under Trademark Prosecution and Maintenance in India.
The Indian trademark renewal process
Trademark renewal in India is governed by Section 25 of the Trade Marks Act, 1999 and Rules 57 to 61 of the Trade Marks Rules, 2017. The procedural arc runs through three statutory windows.
1
In-time window.
Section 25(2) read with Rule 57(1) permits a renewal application at any time within one year before the expiration of the last registration. Filing within that window renews the mark for ten years from the date of expiration.
2
Registrar's notice.
Section 25(3) and Rule 58 require the Registrar to send notice to the proprietor before the expiration date. Receipt is not a precondition for renewal; the obligation runs from the statutory due date, not Registry correspondence.
3
Surcharge window.
Where the in-time deadline is missed, the proviso to Section 25(3) read with Rule 59 permits late renewal on payment of the prescribed fee and surcharge within six months from the expiration date. The mark is not removed during this window, and on payment the renewal takes effect for ten years from the expiration date.
4
Removal and advertisement.
Where neither window is met, the Registrar may remove the mark from the Register and advertise the removal in the Trade Marks Journal under Rule 59.
5
Restoration window.
Section 25(4) read with Rule 60 provides for restoration on an application filed within one year from the expiration date. The Registrar, if satisfied that restoration is just, restores the mark and renews it for ten years, with or without conditions. Renewal and restoration are published in the Journal under Rule 61.
How Intepat handles trademark renewals
Each registration admitted to renewal management is docketed against the date of registration and the date of expiration, with the in-time, surcharge, and restoration windows calendared at intake. Reminders are sent to a named contact on a structured cadence in the months preceding the in-time deadline, so the proprietor has clear visibility of upcoming spend and class-scope decisions before the renewal window opens.
The pre-renewal review checks whether the proprietor’s name and address on the Register reflect current ownership, whether recordal filings should precede the renewal, and whether non-use exposure under Section 47 should be reviewed before spend is committed. Where recordal is required, that filing is staged ahead of renewal so the renewed registration reflects current particulars.
Filing is electronic with the appropriate office of the Trade Marks Registry. The acknowledgement is stored against the renewal docket, and journal publication is monitored under Rule 61. Where the in-time deadline has already passed at intake, the surcharge or restoration route is scoped against the current window position. Outcome guarantees are not given on restoration, which is merits-based before the Registrar.
Documents and inputs required
Trademark registration number.
All other Registry-side particulars (date of registration, date of expiration, class or classes, and mark representation as on the Register) are retrieved from the Trade Marks Registry record using the registration number.
Current proprietor name and address.
Where these differ from what is recorded on the Register, so any assignment or address-recordal filing can be staged ahead of renewal.
Power of attorney.
In favour of the Intepat Trademark Agent handling the renewal.
Common pitfalls Intepat protects against
Most renewal failures arise from docket gaps or address-of-record mismatches, not strategic decisions.
Reliance on the Registrar's notice.
Section 25(3) requires the Registrar to send pre-expiration notice, but receipt is not a precondition for renewal, and notices are routinely undelivered where the address-for-service on the Register is stale. Renewal is calendared independently of Registry correspondence.
Unrecorded ownership or address changes.
Where assignment has occurred but has not been recorded on the Register, renewal in the predecessor's name is procedurally valid but creates downstream enforcement and recordal complications. Both are screened before renewal filing.
Treating the surcharge window as routine.
The six-month surcharge window is a statutory safety net, not a planning horizon. Repeated reliance shifts cost upward and increases the risk of slipping into the restoration window or beyond it.
Non-use exposure assumed away by renewal.
Renewal does not cure non-use vulnerability. A mark not in commercial use for five years and three months remains exposed to cancellation under Section 47, regardless of renewal status. Class-wise specifications are reviewed against actual use before renewal where exposure is material.
Who this is for
- Indian and foreign registered proprietors with a single mark approaching the ten-year expiration date who need calendared in-time renewal.
- Proprietors whose mark has expired but remains within the six-month surcharge window under the proviso to Section 25(3), or has been removed but remains within the one-year restoration window under Section 25(4).
- Foreign brand owners without an existing Indian agent of record who need the renewal docket established from the Registry record.
- In-house IP teams transferring renewal coordination for a small docket of marks where ongoing portfolio maintenance is not yet warranted.
- Acquirers and licensees confirming the renewal record of an acquired or licensed mark before integration.
Related IP services
Trademark renewal sits inside a wider lifecycle. The pages below cover the most common adjacent and downstream services.
Trademark Renewal FAQs
When should trademark renewal in India be initiated?
Under Section 25(2) read with Rule 57(1) of the Trade Marks Rules, 2017, the in-time renewal application may be filed at any time within one year before the expiration of the last registration. Earlier initiation allows time to address any assignment or address recordal that should precede the renewal, and to review class-wise specifications against actual commercial use before the spend is committed.
What happens if the renewal deadline is missed?
The proviso to Section 25(3) read with Rule 59 permits late renewal on payment of the prescribed fee and surcharge within six months from the expiration date. During this surcharge window the mark is not removed, and on payment the renewal takes effect for ten years from the expiration date. If neither the in-time nor the surcharge window is met, the Registrar may remove the mark and advertise the removal in the Trade Marks Journal.
Can a removed trademark be restored?
Yes, within one year. Section 25(4) read with Rule 60 provides a restoration route for a mark removed for non-payment, on an application filed within one year from the expiration date. The Registrar, if satisfied that restoration is just, restores the mark and renews it for ten years, with or without conditions. Restoration is merits-based and not guaranteed; outcomes depend on the explanation for non-renewal and any third-party intervening rights arising during the removal period.
Does Intepat handle multi-class and multi-mark renewals?
Yes. Multi-class registrations are renewed on a single application covering all classes carried on the original registration. For multi-mark holders, a portfolio audit is often the right first step to establish a clean renewal baseline, after which ongoing renewal coordination is handled under Trademark Prosecution and Maintenance in India.
Does the Registrar's notice under Section 25(3) need to be received before renewal can be filed?
No. The proprietor's obligation to file the renewal runs from the statutory due date, not from receipt of any notice. Registry notices are routinely undelivered where the address-for-service is stale. The in-time window under Rule 57(1) opens one year before expiration regardless of whether the notice arrives.
Can ownership or address particulars be updated at the time of renewal?
Assignment and address-recordal filings are handled separately from the renewal application but are commonly staged ahead of renewal so the renewed registration reflects current particulars. Where assignment has occurred but has not been recorded, renewal in the predecessor's name remains procedurally valid; the recordal should follow to keep the chain of title clean for future renewal, enforcement, and licensing.
Outline Your Trademark Renewal Requirements
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