This article is general information only. It is not legal advice, does not create an advocate-client relationship, and is not an advertisement or solicitation.
Key takeaways
- A trademark registration in India runs for ten years, counted from the date of the application, and is then renewed for further ten year blocks.
- The Registry is expected to send a reminder notice, but the safer view is that the date is the owner's responsibility.
- A lapsed mark can be renewed with a surcharge or restored, but only within fixed windows, and rights of others may arise meanwhile.
Why the ten years run out sooner than owners expect
Many founders in Kerala register a brand once and then forget about it. The paperwork feels finished. But under Section 25 of the Trade Marks Act, 1999, registration lasts ten years and must then be renewed. The clock does not start on the day the certificate arrives. Under Section 23, registration is dated from the date the application was made.
That matters in practice. Applications often wait a year or more before they mature to registration. So a certificate that reached you recently may already have only a few years of life left. A mark applied for in 2018 reaches its first expiry in 2028, whatever the date on the certificate.
If you are still choosing or searching for a mark, our earlier notes on trademark search in India and protecting a brand for startups in Kerala cover the steps before filing.
The renewal windows
Renewal is made by filing Form TM-R on the IP India portal. The law gives three stages, and each is stricter than the last.
| Stage | What you do | Risk |
|---|---|---|
| Up to six months before expiry | File Form TM-R with the renewal fee. | Lowest. This is the planned route. |
| Within six months after expiry | File Form TM-R with the renewal fee and a surcharge. | Higher cost. Mark stays at risk of removal from the register. |
| After six months and within one year of expiry | Apply for restoration and renewal. | The Registrar must be satisfied. Others may have filed in the gap. |
After the final window, the practical position is usually a fresh application. A new filing means a fresh search, fresh examination and a possible opposition. It also means the earlier priority date is lost.
The reminder notice is not a safety net
Section 25(3) requires the Registrar to notify the proprietor before expiry. The notice has been issued on Form O-3 under the old Rules and now on Form RG-3. Courts have held that removal of a mark without this notice is flawed. The Delhi High Court said so in Union of India v. Malhotra Book Depot (2013), and a 2025 decision of the same court directed restoration of a mark for “MILTON” after it emerged that the notice had not been served.
That sounds comforting, but consider what it takes. The owner must discover the removal, collect records, and then petition a High Court. It can take years. Commentators have also pointed out that restoration after a long gap can sit uneasily with rights others acquired in the interval.
Notices also go to the address and email on the Registry's record. If you moved premises, changed your agent or sold the business, the notice may never reach anyone who reads it.
A short yearly checklist
Once a year, list every mark with its application date, registration number, class and expiry year. Confirm the proprietor's name matches the current legal entity, since a conversion or change of name needs to be recorded separately. Check whether any mark is nearing the six month window. Finally, look at the Journal and the register for similar marks, because a gap in renewal is when third parties tend to file. Our note on the four month opposition window explains how that period works from the other side.
Common questions
Does the ten years start from the date on my certificate?
No. Registration is treated as dated from the date the application was made, so the expiry is ten years from that filing date.
Can I keep using my brand if the registration has lapsed?
Use may continue, but the statutory remedies for a registered mark are weakened. Passing off may still be available if goodwill exists. The position depends on the facts.
Is renewal only a formality?
Generally the renewal is processed as an administrative step, but it must be filed on the right form, by the right person and within time. Mistakes about the proprietor's name are a common cause of delay.
Questions on a specific matter depend on the facts, and advice should be taken before acting.