Is Your Trademark Expiring Soon? A 2026 Guide to Trademark Renewal

Is Your Trademark Expiring Soon? A 2026 Guide to Trademark Renewal. A registered trademark is one of the most valuable intellectual property assets of a business. It protects the identity that customers associate with your products or services—your brand name, logo, label, device mark, or other distinctive sign. However, trademark registration in India does not remain active automatically forever. It must be renewed periodically to continue enjoying registered protection.
Under the Trade Marks Act, 1999, a registered trademark is valid for 10 years and can be renewed repeatedly for further periods of 10 years. This means that, with timely renewal, trademark protection can potentially continue indefinitely. For businesses whose trademark registrations are approaching expiry in 2026, understanding the renewal timeline is especially important. Missing the deadline can lead to additional fees, restoration proceedings and, ultimately, removal of the trademark from the Register. This guide explains the trademark renewal process in India in 2026, including the applicable form, timelines, government fees, late renewal, restoration, documents and common mistakes businesses should avoid.
What is Trademark Renewal?
Trademark renewal is the legal process through which the registered proprietor extends the validity of an existing trademark registration. Once a trademark is registered in India, its registration generally continues for a period of 10 years. At the end of that period, the proprietor can renew the registration for another 10 years by filing the prescribed application and paying the required government fee. There is no statutory limit on the number of times a trademark can be renewed. Therefore, a trademark can remain registered for decades as long as the proprietor continues renewing it in accordance with the Trade Marks Act and Rules.
For example, if a trademark registration expires in 2026 and is renewed properly, the next renewal would ordinarily become due 10 years later.
How Long is a Trademark Valid in India?
Section 25 of the Trade Marks Act, 1999 provides that registration of a trademark remains valid for 10 years and can thereafter be renewed for successive periods of 10 years. An important point that businesses sometimes overlook is that the registered date of a trademark is normally linked to the date on which the original trademark application was filed, rather than simply the date on which the registration certificate was eventually issued. Section 23 provides that once registration is granted, the trademark is generally registered as of the date of making the application, and that date is deemed to be the date of registration. Therefore, businesses should check the official Trade Marks Registry record rather than estimating the renewal deadline from the date printed or received on a registration certificate.
When Can You Renew a Trademark in 2026?
Under Rule 57 of the Trade Marks Rules, 2017, an application for renewal may be filed not more than one year before the expiry of the existing registration. This means that if your trademark is due to expire on 15 December 2026, you can ordinarily start the renewal process from 15 December 2025 onward. Businesses should ideally avoid waiting until the final weeks before expiry. Filing early helps provide sufficient time to identify issues relating to ownership, changes in address, incorrect records or other discrepancies.
Does the Trademark Registry Send a Renewal Notice?
Where a renewal application and the prescribed fee have not been received, Rule 58 provides for the Registrar to send a notice in Form RG-3, not more than six months before expiry, informing the proprietor about the approaching expiration and renewal requirements. However, businesses should not depend exclusively on receiving such a notice. Changes in registered address, email details, agents or internal personnel can sometimes result in important communications being missed. Maintaining an internal trademark renewal calendar is therefore a safer approach.
Which Form is Used for Trademark Renewal?
Trademark renewal is filed through Form TM-R.
The same form is used under the present Rules for renewal and for certain renewal/restoration-related requests. Rule 57 specifically provides that an application for renewal of registration must be submitted in Form TM-R together with the prescribed fee. The application is generally made by the registered proprietor or through an authorised trademark agent or legal professional acting on behalf of the proprietor.
Trademark Renewal Government Fees in 2026
According to the official IP India fee schedule currently applicable, the government fee for normal renewal of a registered trademark is charged per class.

Type of Filing

E-Filing Fee

Physical Filing Fee

Normal trademark renewal

9,000 per class

10,000 per class

Renewal with surcharge

9,000 renewal fee + 4,500 surcharge per class

10,000 renewal fee + 5,000 surcharge per class

Restoration and renewal

9,000 renewal fee + 9,000 additional fee per class

10,000 renewal fee + 10,000 additional fee per class

These are official government fees and do not include professional fees, if any. Since the fee applies per class, the total cost may increase where the same trademark is registered in multiple classes.
For example, if the same mark has registrations in Classes 9, 35 and 42, each relevant registration/class should be reviewed separately for renewal requirements and fees.
Step-by-Step Trademark Renewal Process in India
Step 1: Check the Current Trademark Status
Before filing for renewal, conduct a status check on the official Trade Marks Registry records.
Confirm details such as:

trademark application/registration number
name of the registered proprietor
relevant trademark class
registered address
date of registration
validity/renewal date and
current legal status of the mark.

Any mismatch should be identified before renewal filing.
Step 2: Verify the Registered Proprietor
The person or entity seeking renewal should correspond with the proprietor recorded in the Trade Marks Register. This becomes particularly important where the business has undergone a merger, acquisition, assignment, restructuring, name change or transfer of intellectual property. If ownership has changed but the assignment has not been recorded, the proprietor may need to address the ownership record separately. Trademark renewal should not be treated as a substitute for formally recording an assignment or transfer.
Step 3: Check Whether Any Address or Business Details Have Changed
Businesses frequently change:

registered offices
principal places of business
legal names
correspondence addresses
authorised representatives or
trademark agents.

The renewal exercise is a useful opportunity to compare the trademark register with current business records. Where an update is legally required, the appropriate application should be filed so that Registry records remain accurate.
Step 4: Prepare Form TM-R
The trademark renewal application is filed using Form TM-R. The form generally requires information identifying the proprietor, the trademark and the nature of the request. Where a professional representative is filing the application, appropriate agent details and authority should also be in order.
Step 5: Pay the Prescribed Fee
The applicable government fee must be paid along with the renewal application. For a standard electronic renewal, the presently prescribed fee is 9,000 per class. Additional charges apply where the renewal deadline has already passed.
Step 6: Submit the Application
Once Form TM-R and the relevant fee are submitted, the application is processed by the Trade Marks Registry. Under Rule 57, a properly filed renewal request is ordinarily allowed unless the trademark has been removed, cancelled, is otherwise not renewable under the Act or Rules, or is affected by an order of a competent court or the Registrar.
Step 7: Verify the Updated Renewal Record
After renewal has been processed, the proprietor should check the Registry record to ensure that the renewed validity has been correctly reflected. Rule 61 also provides for notice of renewal or restoration and renewal and for the same to be advertised in the Trade Marks Journal. Keep the renewal acknowledgment and related documents as part of the organisation's intellectual property records.
What Information May Be Required for Trademark Renewal?
Depending on the facts of the case, commonly reviewed information includes:

trademark registration/application number
registered proprietor's name
address and contact details
trademark class
copy/details of the existing registration
details of the authorised trademark agent, if applicable
authority documentation where required and
information concerning any changes in ownership or address.

The exact requirements can differ depending on whether the case involves a normal renewal, late renewal, restoration, assignment or correction.
What Happens if You Miss the Trademark Renewal Date?
Missing the normal expiry date does not necessarily mean the trademark is lost immediately. Indian trademark law provides additional opportunities, but they become progressively more expensive and complicated.
Renewal Within Six Months After Expiry
Under Section 25(3), where renewal has not been completed before expiration, the trademark may still be renewed if the prescribed application, renewal fee and surcharge are paid within six months after expiry. The Registrar is not to remove the trademark where the statutory requirements for this late renewal period are satisfied. For electronic filing, the official schedule presently provides an additional surcharge of ?4,500 per class, over and above the ?9,000 renewal fee. This means late filing can significantly increase the cost.
Restoration of an Expired Trademark
If the six-month late-renewal period has also passed, the situation becomes more serious. Section 25(4) allows restoration where the mark has been removed for non-payment of renewal fees, provided an application is made after six months but within one year from the expiration of the last registration. Restoration is not merely the same as ordinary renewal. The Registrar must be satisfied that restoration is appropriate and may impose conditions or limitations. Rule 60 provides that an application for restoration and renewal must be filed in Form TM-R within one year from expiry, accompanied by the applicable fee. The Registrar must also consider the interests of other affected persons. Therefore, businesses should avoid allowing matters to reach the restoration stage wherever possible.
What if More Than One Year Has Passed?
Section 25(4) provides the statutory restoration route only within the specified one-year period after expiry. Where that period has passed, restoration under this mechanism is generally no longer available. The business may have to consider a fresh trademark application, subject to the circumstances and existing rights of other parties. Section 26 is also relevant because, in certain circumstances, a trademark removed for failure to pay renewal fees can continue to be treated as if it were on the register for the purpose of another person's registration application during the following year, subject to statutory exceptions. For this reason, allowing a valuable mark to expire can create unnecessary legal uncertainty.
Risks of Not Renewing Your Trademark
Failure to renew can expose a business to several practical and legal risks.
Loss of Registered Status
If the mark is ultimately removed from the Register, the proprietor loses the benefits associated with keeping that particular registration active.
Increased Renewal Costs
Late renewal requires payment of a surcharge. Restoration can be even more expensive.
Greater Risk During Enforcement
A valid registration provides important statutory rights and supports infringement enforcement. Losing registration may complicate enforcement, even though other rights such as passing-off rights may potentially exist depending on goodwill, use and the particular facts.
Brand Portfolio Disruption
Trademark registrations are frequently examined during investment rounds, mergers, acquisitions, licensing, franchising and legal due diligence. An expired key mark can raise concerns regarding intellectual property management.
Risk of Third-Party Applications
Once registered protection is disrupted, disputes involving later applicants may become more complicated. For businesses planning long-term growth, trademark renewal should therefore form part of regular corporate compliance.
Common Trademark Renewal Mistakes to Avoid in 2026
Waiting for the Registry's Reminder
Do not depend entirely on the RG-3 notice. Maintain your own trademark renewal calendar.
Calculating Expiry from the Certificate Issue Date
The effective registration date generally relates back to the original application date. Always check the Registry record.
Forgetting One of Several Classes
Businesses frequently own the same mark across multiple classes. Renewal fees and requirements must be considered for each relevant registration/class.
Ignoring Ownership Changes
A trademark may still show the old proprietor even after corporate restructuring or assignment. Review ownership records before renewal.
Filing at the Last Moment
Last-minute filing creates unnecessary risk if there is a portal issue, payment failure, data mismatch or ownership problem.
Failing to Preserve Records
Maintain renewal receipts, filings, acknowledgments and updated status information in the company's IP records.
Trademark Renewal Checklist for Businesses in 2026
Before completing your renewal, verify:

Trademark registration number
Current Registry status
Renewal/expiry date
Registered proprietor
Registered office/address
Trademark class or classes
Assignment or ownership changes
Agent details
Form TM-R information
Applicable government fee
Filing acknowledgment
Updated Registry status after renewal

Businesses managing multiple marks should ideally maintain a central Trademark Portfolio Register with expiry reminders at least 12 months in advance.
How Compliance Calendar LLP Can Assist with Trademark Renewal
Trademark renewal may appear straightforward, but issues frequently arise where registrations involve multiple classes, old ownership records, assignments, expired registrations or restoration proceedings.
Compliance Calendar LLP can assist businesses, startups and professionals with:

trademark status verification
identification of upcoming renewal deadlines
Form TM-R filing
trademark renewal applications
late renewal with surcharge
restoration and renewal of expired trademarks
trademark assignment and ownership record review
address and proprietor record updates
trademark registration and portfolio management and
related intellectual property compliance.

A timely review can help businesses protect valuable brand assets while avoiding unnecessary surcharge and restoration costs.
Conclusion
A trademark may represent years of goodwill, advertising investment and customer recognition. Allowing such an asset to expire simply because a renewal deadline was overlooked can create avoidable cost and legal uncertainty. Under Indian trademark law, registrations generally remain valid for 10 years and can be renewed repeatedly for further 10-year periods. Renewal can ordinarily be initiated up to one year before expiry through Form TM-R. If the deadline is missed, a six-month late-renewal period with surcharge is available, followed by a limited restoration window up to one year from expiry. For businesses with trademarks expiring in 2026, the safest approach is simple: check the portfolio early, verify Registry records and renew before the normal deadline.
FAQs
Q1. How long is a trademark registration valid in India?
Ans. A registered trademark in India is generally valid for 10 years. It can be renewed for successive periods of another 10 years each by following the prescribed renewal procedure.
Q2. How early can I renew my trademark?
Ans. Under Rule 57 of the Trade Marks Rules, 2017, a trademark renewal application can be filed up to one year before the expiry of the existing registration.
Q3. Which form is used for trademark renewal?
Ans. Form TM-R is used for renewal of a registered trademark. It is also the prescribed form under the current Rules for applicable surcharge and restoration/renewal requests.
Q4. What is the government fee for trademark renewal in 2026?
Ans. The official fee for standard electronic renewal is currently 9,000 per class, while physical filing attracts ?10,000 per class. Additional fees apply for late renewal and restoration.
Q5. Can I renew my trademark after it expires?
Ans. Yes. If the normal renewal deadline is missed, renewal can still be sought within six months after expiry by paying the prescribed renewal fee together with the applicable surcharge.
Q6. Can an expired trademark be restored?
Ans. Yes, subject to statutory conditions. Where the registration has been removed for non-payment of renewal fees, an application for restoration and renewal may be made after six months but within one year from the expiry of the last registration.
Q7. Does trademark renewal provide protection for another 10 years?
Ans. Yes. Once successfully renewed, the registration continues for another 10-year period calculated from the expiration of the previous registration period. It may subsequently be renewed again.
Q8. Do I have to renew separately for every trademark class?
Ans. The government renewal fee is prescribed per class. Therefore, where a trademark registration covers multiple classes or a proprietor holds separate registrations across different classes, the relevant class-wise renewal requirements and fees should be reviewed carefully.
Q9. Will the Trademark Registry remind me before my trademark expires?
Ans. Rule 58 provides for the Registrar to issue Form RG-3 informing the proprietor about the approaching expiration where renewal has not already been received. However, businesses should maintain their own deadline-monitoring system rather than relying solely on the notice.
Q10. What should I do if my trademark is expiring in 2026?
Ans. First verify the registration number, proprietor, class, status and expiry date on the official Trade Marks Registry record. If the mark is within the permissible renewal window, prepare Form TM-R and complete the renewal with the prescribed fee well before expiry to avoid surcharge or restoration proceedings.

A registered trademark is one of the most valuable intellectual property assets of a business. It protects the identity that customers associate with your products or services—your brand name, logo, label, device mark, or other distinctive sign. However, trademark registration in India does not remain active automatically forever. It must be renewed periodically to continue enjoying registered protection.

Under the Trade Marks Act, 1999, a registered trademark is valid for 10 years and can be renewed repeatedly for further periods of 10 years. This means that, with timely renewal, trademark protection can potentially continue indefinitely. For businesses whose trademark registrations are approaching expiry in 2026, understanding the renewal timeline is especially important. Missing the deadline can lead to additional fees, restoration proceedings and, ultimately, removal of the trademark from the Register. This guide explains the trademark renewal process in India in 2026, including the applicable form, timelines, government fees, late renewal, restoration, documents and common mistakes businesses should avoid.

What is Trademark Renewal?

Trademark renewal is the legal process through which the registered proprietor extends the validity of an existing trademark registration. Once a trademark is registered in India, its registration generally continues for a period of 10 years. At the end of that period, the proprietor can renew the registration for another 10 years by filing the prescribed application and paying the required government fee. There is no statutory limit on the number of times a trademark can be renewed. Therefore, a trademark can remain registered for decades as long as the proprietor continues renewing it in accordance with the Trade Marks Act and Rules.

For example, if a trademark registration expires in 2026 and is renewed properly, the next renewal would ordinarily become due 10 years later.

How Long is a Trademark Valid in India?

Section 25 of the Trade Marks Act, 1999 provides that registration of a trademark remains valid for 10 years and can thereafter be renewed for successive periods of 10 years. An important point that businesses sometimes overlook is that the registered date of a trademark is normally linked to the date on which the original trademark application was filed, rather than simply the date on which the registration certificate was eventually issued. Section 23 provides that once registration is granted, the trademark is generally registered as of the date of making the application, and that date is deemed to be the date of registration. Therefore, businesses should check the official Trade Marks Registry record rather than estimating the renewal deadline from the date printed or received on a registration certificate.

When Can You Renew a Trademark in 2026?

Under Rule 57 of the Trade Marks Rules, 2017, an application for renewal may be filed not more than one year before the expiry of the existing registration. This means that if your trademark is due to expire on 15 December 2026, you can ordinarily start the renewal process from 15 December 2025 onward. Businesses should ideally avoid waiting until the final weeks before expiry. Filing early helps provide sufficient time to identify issues relating to ownership, changes in address, incorrect records or other discrepancies.

Does the Trademark Registry Send a Renewal Notice?

Where a renewal application and the prescribed fee have not been received, Rule 58 provides for the Registrar to send a notice in Form RG-3, not more than six months before expiry, informing the proprietor about the approaching expiration and renewal requirements. However, businesses should not depend exclusively on receiving such a notice. Changes in registered address, email details, agents or internal personnel can sometimes result in important communications being missed. Maintaining an internal trademark renewal calendar is therefore a safer approach.

Which Form is Used for Trademark Renewal?

Trademark renewal is filed through Form TM-R.

The same form is used under the present Rules for renewal and for certain renewal/restoration-related requests. Rule 57 specifically provides that an application for renewal of registration must be submitted in Form TM-R together with the prescribed fee. The application is generally made by the registered proprietor or through an authorised trademark agent or legal professional acting on behalf of the proprietor.

Trademark Renewal Government Fees in 2026

According to the official IP India fee schedule currently applicable, the government fee for normal renewal of a registered trademark is charged per class.

Type of Filing	E-Filing Fee	Physical Filing Fee
Normal trademark renewal	9,000 per class	10,000 per class
Renewal with surcharge	9,000 renewal fee + 4,500 surcharge per class	10,000 renewal fee + 5,000 surcharge per class
Restoration and renewal	9,000 renewal fee + 9,000 additional fee per class	10,000 renewal fee + 10,000 additional fee per class

For example, if the same mark has registrations in Classes 9, 35 and 42, each relevant registration/class should be reviewed separately for renewal requirements and fees.

Step-by-Step Trademark Renewal Process in India

Step 1: Check the Current Trademark Status

Before filing for renewal, conduct a status check on the official Trade Marks Registry records.

Confirm details such as:

trademark application/registration number
name of the registered proprietor
relevant trademark class
registered address
date of registration
validity/renewal date and
current legal status of the mark.

Any mismatch should be identified before renewal filing.

Step 2: Verify the Registered Proprietor

The person or entity seeking renewal should correspond with the proprietor recorded in the Trade Marks Register. This becomes particularly important where the business has undergone a merger, acquisition, assignment, restructuring, name change or transfer of intellectual property. If ownership has changed but the assignment has not been recorded, the proprietor may need to address the ownership record separately. Trademark renewal should not be treated as a substitute for formally recording an assignment or transfer.

Step 3: Check Whether Any Address or Business Details Have Changed

Businesses frequently change:

registered offices
principal places of business
legal names
correspondence addresses
authorised representatives or
trademark agents.

Step 4: Prepare Form TM-R

The trademark renewal application is filed using Form TM-R. The form generally requires information identifying the proprietor, the trademark and the nature of the request. Where a professional representative is filing the application, appropriate agent details and authority should also be in order.

Step 5: Pay the Prescribed Fee

The applicable government fee must be paid along with the renewal application. For a standard electronic renewal, the presently prescribed fee is 9,000 per class. Additional charges apply where the renewal deadline has already passed.

Step 6: Submit the Application

Once Form TM-R and the relevant fee are submitted, the application is processed by the Trade Marks Registry. Under Rule 57, a properly filed renewal request is ordinarily allowed unless the trademark has been removed, cancelled, is otherwise not renewable under the Act or Rules, or is affected by an order of a competent court or the Registrar.

Step 7: Verify the Updated Renewal Record

After renewal has been processed, the proprietor should check the Registry record to ensure that the renewed validity has been correctly reflected. Rule 61 also provides for notice of renewal or restoration and renewal and for the same to be advertised in the Trade Marks Journal. Keep the renewal acknowledgment and related documents as part of the organisation's intellectual property records.

What Information May Be Required for Trademark Renewal?

Depending on the facts of the case, commonly reviewed information includes:

trademark registration/application number
registered proprietor's name
address and contact details
trademark class
copy/details of the existing registration
details of the authorised trademark agent, if applicable
authority documentation where required and
information concerning any changes in ownership or address.

The exact requirements can differ depending on whether the case involves a normal renewal, late renewal, restoration, assignment or correction.

What Happens if You Miss the Trademark Renewal Date?

Missing the normal expiry date does not necessarily mean the trademark is lost immediately. Indian trademark law provides additional opportunities, but they become progressively more expensive and complicated.

Renewal Within Six Months After Expiry

Under Section 25(3), where renewal has not been completed before expiration, the trademark may still be renewed if the prescribed application, renewal fee and surcharge are paid within six months after expiry. The Registrar is not to remove the trademark where the statutory requirements for this late renewal period are satisfied. For electronic filing, the official schedule presently provides an additional surcharge of ?4,500 per class, over and above the ?9,000 renewal fee. This means late filing can significantly increase the cost.

Restoration of an Expired Trademark

If the six-month late-renewal period has also passed, the situation becomes more serious. Section 25(4) allows restoration where the mark has been removed for non-payment of renewal fees, provided an application is made after six months but within one year from the expiration of the last registration. Restoration is not merely the same as ordinary renewal. The Registrar must be satisfied that restoration is appropriate and may impose conditions or limitations. Rule 60 provides that an application for restoration and renewal must be filed in Form TM-R within one year from expiry, accompanied by the applicable fee. The Registrar must also consider the interests of other affected persons. Therefore, businesses should avoid allowing matters to reach the restoration stage wherever possible.

What if More Than One Year Has Passed?

Section 25(4) provides the statutory restoration route only within the specified one-year period after expiry. Where that period has passed, restoration under this mechanism is generally no longer available. The business may have to consider a fresh trademark application, subject to the circumstances and existing rights of other parties. Section 26 is also relevant because, in certain circumstances, a trademark removed for failure to pay renewal fees can continue to be treated as if it were on the register for the purpose of another person's registration application during the following year, subject to statutory exceptions. For this reason, allowing a valuable mark to expire can create unnecessary legal uncertainty.

Risks of Not Renewing Your Trademark

Failure to renew can expose a business to several practical and legal risks.

Loss of Registered Status

If the mark is ultimately removed from the Register, the proprietor loses the benefits associated with keeping that particular registration active.

Increased Renewal Costs

Late renewal requires payment of a surcharge. Restoration can be even more expensive.

Greater Risk During Enforcement

A valid registration provides important statutory rights and supports infringement enforcement. Losing registration may complicate enforcement, even though other rights such as passing-off rights may potentially exist depending on goodwill, use and the particular facts.

Brand Portfolio Disruption

Trademark registrations are frequently examined during investment rounds, mergers, acquisitions, licensing, franchising and legal due diligence. An expired key mark can raise concerns regarding intellectual property management.

Risk of Third-Party Applications

Once registered protection is disrupted, disputes involving later applicants may become more complicated. For businesses planning long-term growth, trademark renewal should therefore form part of regular corporate compliance.

Common Trademark Renewal Mistakes to Avoid in 2026

Waiting for the Registry's Reminder

Do not depend entirely on the RG-3 notice. Maintain your own trademark renewal calendar.

Calculating Expiry from the Certificate Issue Date

The effective registration date generally relates back to the original application date. Always check the Registry record.

Forgetting One of Several Classes

Businesses frequently own the same mark across multiple classes. Renewal fees and requirements must be considered for each relevant registration/class.

Ignoring Ownership Changes

A trademark may still show the old proprietor even after corporate restructuring or assignment. Review ownership records before renewal.

Filing at the Last Moment

Last-minute filing creates unnecessary risk if there is a portal issue, payment failure, data mismatch or ownership problem.

Failing to Preserve Records

Maintain renewal receipts, filings, acknowledgments and updated status information in the company's IP records.

Trademark Renewal Checklist for Businesses in 2026

Before completing your renewal, verify:

Trademark registration number
Current Registry status
Renewal/expiry date
Registered proprietor
Registered office/address
Trademark class or classes
Assignment or ownership changes
Agent details
Form TM-R information
Applicable government fee
Filing acknowledgment
Updated Registry status after renewal

Businesses managing multiple marks should ideally maintain a central Trademark Portfolio Register with expiry reminders at least 12 months in advance.

How Compliance Calendar LLP Can Assist with Trademark Renewal

Trademark renewal may appear straightforward, but issues frequently arise where registrations involve multiple classes, old ownership records, assignments, expired registrations or restoration proceedings.

Compliance Calendar LLP can assist businesses, startups and professionals with:

trademark status verification
identification of upcoming renewal deadlines
Form TM-R filing
trademark renewal applications
late renewal with surcharge
restoration and renewal of expired trademarks
trademark assignment and ownership record review
address and proprietor record updates
trademark registration and portfolio management and
related intellectual property compliance.

A timely review can help businesses protect valuable brand assets while avoiding unnecessary surcharge and restoration costs.

Conclusion

A trademark may represent years of goodwill, advertising investment and customer recognition. Allowing such an asset to expire simply because a renewal deadline was overlooked can create avoidable cost and legal uncertainty. Under Indian trademark law, registrations generally remain valid for 10 years and can be renewed repeatedly for further 10-year periods. Renewal can ordinarily be initiated up to one year before expiry through Form TM-R. If the deadline is missed, a six-month late-renewal period with surcharge is available, followed by a limited restoration window up to one year from expiry. For businesses with trademarks expiring in 2026, the safest approach is simple: check the portfolio early, verify Registry records and renew before the normal deadline.

FAQs

Q1. How long is a trademark registration valid in India?

Ans. A registered trademark in India is generally valid for 10 years. It can be renewed for successive periods of another 10 years each by following the prescribed renewal procedure.

Q2. How early can I renew my trademark?

Ans. Under Rule 57 of the Trade Marks Rules, 2017, a trademark renewal application can be filed up to one year before the expiry of the existing registration.

Q3. Which form is used for trademark renewal?

Ans. Form TM-R is used for renewal of a registered trademark. It is also the prescribed form under the current Rules for applicable surcharge and restoration/renewal requests.

Q4. What is the government fee for trademark renewal in 2026?

Ans. The official fee for standard electronic renewal is currently 9,000 per class, while physical filing attracts ?10,000 per class. Additional fees apply for late renewal and restoration.

Q5. Can I renew my trademark after it expires?

Ans. Yes. If the normal renewal deadline is missed, renewal can still be sought within six months after expiry by paying the prescribed renewal fee together with the applicable surcharge.

Q6. Can an expired trademark be restored?

Ans. Yes, subject to statutory conditions. Where the registration has been removed for non-payment of renewal fees, an application for restoration and renewal may be made after six months but within one year from the expiry of the last registration.

Q7. Does trademark renewal provide protection for another 10 years?

Ans. Yes. Once successfully renewed, the registration continues for another 10-year period calculated from the expiration of the previous registration period. It may subsequently be renewed again.

Q8. Do I have to renew separately for every trademark class?

Ans. The government renewal fee is prescribed per class. Therefore, where a trademark registration covers multiple classes or a proprietor holds separate registrations across different classes, the relevant class-wise renewal requirements and fees should be reviewed carefully.

Q9. Will the Trademark Registry remind me before my trademark expires?

Ans. Rule 58 provides for the Registrar to issue Form RG-3 informing the proprietor about the approaching expiration where renewal has not already been received. However, businesses should maintain their own deadline-monitoring system rather than relying solely on the notice.

Q10. What should I do if my trademark is expiring in 2026?

Ans. First verify the registration number, proprietor, class, status and expiry date on the official Trade Marks Registry record. If the mark is within the permissible renewal window, prepare Form TM-R and complete the renewal with the prescribed fee well before expiry to avoid surcharge or restoration proceedings.