When and how do I renew my registered trademark under Section 25

Question

My trademark registration certificate shows the mark is valid for ten years and I want to know how to keep it alive after that. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

When and how do I renew my registered trademark under Section 25 is governed in India primarily by Trade Marks Act, 1999, Section 25 and Trade Marks Rules, 2017, Rule 57. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 25(1) of the Trade Marks Act, 1999 provides that registration of a trademark is valid for ten years from the date of filing, and it can be renewed for further periods of ten years indefinitely on payment of the prescribed renewal fee, using Form TM-R.

Rule 57 of the Trade Marks Rules, 2017 requires the Registrar to send a reminder notice before expiry, though the onus is on the proprietor to track the renewal date since non-receipt of the reminder does not extend the deadline for filing the renewal application.

If renewal is not filed by the expiry date, Section 25(3) allows a grace period of six months from expiry, on payment of a surcharge, during which the mark can still be renewed as Form TM-R with the additional restoration fee, called Form TM-R (Restoration).

If the mark is removed for non-payment after the grace period lapses, it can still be restored within one year of expiry under the restoration provisions, but after that window the mark is permanently removed from the register and would need a fresh application, losing the original priority date.

What to do next: 1) Diarise the renewal date ten years from the original filing date; 2) File Form TM-R with the renewal fee before expiry, or within the six-month grace period; 3) Pay the restoration fee if the grace period has lapsed but one year has not passed; 4) Confirm the updated registration certificate reflects the new renewal date.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Trade Marks Act, 1999, Section 25 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.