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 would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Trade Marks Act, 1999, Section 25 is the starting point for this intellectual property question. What follows is the position in substance, together with the steps that usually make the difference in practice.

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 you are unsure whether your facts fall inside Trade Marks Act, 1999, Section 25, that is worth checking with an advocate before you commit to a route, because switching later costs time. 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 intellectual property.