In India, trademark registration rights are valid for a fixed period and must be renewed periodically to remain active. A trademark is registered for a period of 10 years from the date the trademark application was originally filed. A trademark registration in India can be renewed after the registration of a trademark but before expiry of 10 years from the date of application. If you miss the deadline, you risk losing your trademark and your brand reputation.
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A common question from brand owners is: “Trademark registration in India can be renewed after how many years?” > The Answer: Your trademark is valid for 10 years from the date on which the trademark application was originally filed. You can initiate the registered trademark renewal process as early as one year before the trademark registration expiry date.
If you miss the deadline, the law provides a 6-month grace period to renew the registered trademark with a surcharge of INR 4,500/-, after which the mark is removed from the register and requires a “restoration” process.
After every 10 years, the owner must file for renewal of their registered trademark to retain rights. There is no restriction on the number of renewals, which means a registered trademark remains valid indefinitely if renewed on time.
The Indian Trademark Registry offers three distinct phases for renewal, each with different cost and risk implications.
1. The Standard Window (1 Year Before Expiry)
You can file for trademark renewal up to one year prior to the registration expiration date. This is the “Safe Zone,” ensuring your brand rights never lapse for a single day.
2. The Grace Period (Up to 6 Months After Expiry)
If you miss the deadline, you have a 6-month grace period. During this time, the mark is still technically on the register, but you must pay a surcharge (penalty fee) of INR 4,500/- in addition to the original government fees to keep the Trademark Registration.
3. The Restoration Window (6 Months to 1 Year After Expiry)
Once the grace period ends, the Registrar “removes” the mark from the official Register. However, you have a final lifeline: Restoration. You can apply to restore the mark within one year from the expiry date of Trademark Registration, provided you pay a significantly higher fee of INR 9,000/- in addition to the original government fees.