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An Indian trademark registration lasts 10 years and must be renewed to stay in force. Our team at Brealant tracks your renewal deadlines and manages the filing with the Trade Marks Registry so your protection never lapses.
Legal Definition of Trademark Renewal
Renewal, under Section 25 of the Trade Marks Act, 1999, is the payment of the prescribed fee to the Trade Marks Registry to extend a registration for a further 10-year term.
Purpose and Function of Renewal
India does not require fresh proof of continued use simply to renew — timely filing of Form TM-R and payment of the fee is generally what keeps the registration in force.
Protecting Your Trademark
A missed renewal causes the registration to lapse, potentially allowing someone else to register the same or a similar mark, so ongoing tracking matters.
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Contact
Reach out to Brealant to set up renewal tracking for your Indian trademark portfolio.
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Search
We confirm the registration details and ownership are current before renewal.
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Quote
Receive a fixed-fee quote for managing your renewal.
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Pay
Proceed with secure payment for the official renewal fee and our professional fee.
File
Brealant submits Form TM-R to the Trade Marks Registry.
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Wait
The Registry processes the renewal and updates the register.
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Response
You receive confirmation once the renewal is recorded.
In India, renewal falls due on the 10-year anniversary of the registration. The Registry accepts renewal requests in the 12 months before expiry, and generally allows a further window after expiry — on payment of a surcharge — before the registration is removed from the register.
A lapsed trademark loses its registration date and can potentially be registered by someone else, so missing a renewal can mean losing your brand protection entirely. Brealant's renewal tracking removes that risk from your calendar.
Renewal keeps a registration alive, but it has boundaries
No Substantive Changes
Renewal cannot be used to change the mark itself, or add new goods or services.
Restoration Isn't Automatic
Beyond the post-expiry surcharge window, restoring a removed mark is at the Registrar's discretion, not a right.
Doesn't Fix Non-Use
Renewal doesn't protect against a separate non-use rectification action if the mark hasn't genuinely been used for the statutory period.
Doesn't Expand Protection
Renewal maintains existing rights; it doesn't broaden the scope of protection beyond what was originally registered.
Ownership Must Be Current
Renewal doesn't update ownership records — an assignment must be separately recorded if the owner has changed.
Brealant reviews your registration details as part of every renewal to flag any of these issues early.
Renewal keeps the full benefit of your original registration in place, including
Exclusive Nationwide Rights
Your continued exclusive right to use the mark across India for the registered goods/services.
Your Filing Date
The priority and seniority attached to your original filing date.
Enforcement Standing
Your ability to take infringement or opposition action based on a live registration.
Brand Value
The accumulated goodwill and recognition built up under a continuously registered mark.
Renewal is a simple administrative step that preserves everything your original registration achieved.
Renewal follows a straightforward, date-driven process
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Renewal Window Opens
The Registry accepts renewal requests in the 12 months before the expiry date.
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Reminder & Instruction
Brealant notifies you well ahead of the deadline and confirms instructions.
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Filing & Payment
Form TM-R and the renewal fee are submitted to the Registry.
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Restoration Window (If Needed)
A further window remains available after expiry, on payment of a surcharge and at the Registrar's discretion, before removal becomes final.
Renewal itself is typically processed by the Registry within a matter of weeks of a complete request, though this can vary with workload.
Renewal costs are predictable and modest compared to re-filing from scratch
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The Registry's renewal fee is typically lower for individuals, startups, and small enterprises than for other applicants such as companies, per class, plus a surcharge if renewed after expiry.
Brealant's fee for managing the renewal is fixed and quoted in advance, covering tracking, filing, and confirmation.
These costs are far lower than the cost of losing protection and having to re-file and re-clear the mark from scratch.
Beyond renewal, Brealant can support ongoing monitoring for conflicting new applications, licensing arrangements, and enforcement, so your registration keeps working for your business well beyond each renewal date.
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There's generally a window after expiry to renew on payment of a surcharge, with restoration beyond that at the Registrar's discretion — after which the registration is removed from the register.
No, renewal itself does not require fresh evidence of use — timely filing and payment of the fee is what keeps the registration in force.
The Registry accepts renewal requests up to 12 months before the expiry date.
Renewal fees are typically lower for individuals, startups, and small enterprises than for other applicants — Brealant will confirm the exact current fee for your category before filing.
Yes, we can take over renewal management for existing Indian registrations regardless of who filed the original application.
The registered proprietor is responsible, though Brealant offers portfolio monitoring so you don't have to track expiry dates manually across multiple marks.
Yes, restoration is possible within a further window after removal, subject to the Registrar's discretion and payment of the prescribed restoration fee, but it becomes progressively harder to justify the longer you wait.
No, renewal keeps the registration in its existing form; changing the goods/services or classes requires a separate application, not a renewal filing.
Yes, but it's best to record the change of name or address with the Registry alongside or before renewal to keep the register accurate.
Renewal simply keeps a valid registration in force for another 10 years; rectification is a separate legal process to correct, amend, or challenge an entry on the register.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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