How Long Does a Trademark Last in India? Validity, Renewal & Restoration Complete Guide (2026)

A registered trademark in India does not last forever automatically — but with timely action, it can be protected indefinitely. This is one of the most critical facts every brand owner must understand: trademark registration gives you a 10-year validity period from the date of registration, after which it must be actively renewed to keep your exclusive rights alive. Miss the renewal window — and eventually miss the restoration window — and your trademark is permanently removed from the register, leaving your brand name open to anyone who wants to register it.

This comprehensive guide by DisyTax explains the exact legal framework governing trademark duration, renewal, and restoration in India under the Trade Marks Act, 1999, including all critical deadlines, fee structures for 2026, the 5-year non-use cancellation rule, and practical strategies to ensure your trademark never lapses. Also read our related guides on trademark registration in India and benefits of trademark registration.

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How Long Does a Trademark Last in India?

A registered trademark in India is valid for 10 years from the date of registration. It can be renewed for an unlimited number of times in successive 10-year periods — meaning a well-maintained trademark can last forever. The renewal must be filed using Form TM-R. If not renewed, the mark is removed from the register and may be registered by anyone else.

10 Years Initial Validity Renewable Indefinitely Section 25 — Trade Marks Act 1999 Form TM-R for Renewal 6-Month Grace Period 1-Year Restoration Window

📋 Quick Summary: Trademark Validity & Renewal India (2026)

Initial Validity: 10 years from the date of registration (not the filing date).
Renewal Period: Every 10 years — unlimited renewals possible. A trademark can last forever if consistently renewed.
Early Renewal Window: File Form TM-R up to 1 year (12 months) before expiry date — no surcharge.
Grace Period: Up to 6 months after expiry — renewal still possible but with a surcharge fee.
Restoration Window: Between 6 months and 1 year after expiry — trademark removed from register but can be restored on application with fee.
Final Deadline: After 1 year from expiry — trademark permanently lost. No restoration possible.
Non-Use Cancellation: A registered trademark not used for 5 continuous years and 3 months can be cancelled by any third party on grounds of non-use under Section 47.
Renewal Fee 2026: ₹9,000 per class (e-filing, all applicant types) for timely renewal. Surcharge applies for late renewal within the grace period.

1. The Legal Framework: Section 25, Trade Marks Act, 1999

The entire legal framework for trademark duration, renewal, removal, and restoration in India is governed by Section 25 of the Trade Marks Act, 1999. This single section contains all the rules — the 10-year validity period, the renewal procedure, the grace period for late renewal, and the restoration mechanism for expired marks. Understanding Section 25 completely is essential for every trademark owner.

Trade Marks Act, 1999 — Section 25: Duration, Renewal, Removal and Restoration

"(1) The registration of a trade mark, after the commencement of this Act, shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section.

(2) The Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period and subject to payment of the prescribed fee, renew the registration of the trade mark for a period of ten years from the date of expiration of the original registration or of the last renewal of registration...

(3) ...if at the expiration of the time prescribed in that behalf those conditions have not been duly complied with the Registrar may remove the trade mark from the register: Provided that the Registrar shall not remove the trade mark from the register if an application is made in the prescribed form and the prescribed fee and surcharge is paid within six months from the expiration of the last registration...

(4) Where a trade mark has been removed from the register for non-payment of the prescribed fee, the Registrar shall, after six months and within one year from the expiration of the last registration of the trade mark, on receipt of an application in the prescribed form and on payment of the prescribed fee, if satisfied that it is just so to do, restore the trade mark to the register..."

— Trade Marks Act, 1999, Section 25(1)(2)(3)(4)

Plain Explanation: Section 25 creates a clear four-stage lifecycle for every registered trademark: (1) 10-year valid period, (2) timely renewal before expiry (no surcharge), (3) 6-month grace period after expiry with surcharge, and (4) 6-month to 1-year restoration window after removal from register. Beyond 1 year from expiry — the trademark is gone permanently with no legal remedy.

2. The Complete Trademark Lifecycle: Timeline

Day
1

ACTIVE

Trademark Registration Certificate Issued

10-year validity clock starts from this date. You can now use the ® symbol legally. Your trademark is valid, enforceable, and recorded on the IP India register.

Year
9

BEST TIME

Ideal Window: File Renewal (TM-R) — Up to 1 Year Before Expiry

File Form TM-R on ipindia.gov.in anytime within 12 months before your expiry date. Pay renewal fee of ₹9,000 per class (e-filing). No surcharge. Registration renewed for another 10 years from the original expiry date — not from the renewal filing date.

Year
10

EXPIRY DATE

Registration Expires — Registrar Sends Notice

The Trademark Registrar sends a notice to the registered proprietor (at the address on record) before expiry, informing them of the upcoming expiry and conditions for renewal. If you have not filed for renewal yet, you must do so immediately. Trademark rights remain active until the 6-month grace period ends if renewal is not filed.

+6
Months

GRACE PERIOD

Late Renewal with Surcharge — Up to 6 Months After Expiry

Section 25(3) provides a 6-month grace period after expiry. You can still file Form TM-R and pay the renewal fee plus a surcharge to keep your trademark alive. The Registrar cannot remove the trademark from the register if you file within this 6-month window. After this period, the trademark is officially removed from the register.

+6 to
+12 Mo

RESTORATION

Trademark Removed — Restoration Application (Section 25(4))

Between 6 months and 1 year after the expiry date, the trademark is removed from the register but can be restored. File a restoration application with prescribed fees. The Registrar has discretion to restore "if satisfied that it is just to do so." Restoration is not guaranteed — the Registrar may impose conditions or limitations. This is the last chance to save the trademark.

+1
Year

PERMANENTLY LOST

After 1 Year — No Remedy Available

After 1 year from the expiry date, there is no legal mechanism to restore or recover the trademark registration. The mark is permanently removed. Any person — including competitors — can file a fresh application for the same trademark. All exclusive rights built over years are lost. A fresh registration application with a new priority date would be required.

3. Trademark Renewal Fee Structure 2026

Renewal Scenario	When to File	Government Fee (E-filing)	Surcharge	Total per Class
Timely Renewal	Within 12 months before expiry	₹9,000	NIL	₹9,000
Late Renewal (Grace Period)	Within 6 months after expiry	₹9,000	₹3,000 surcharge	₹12,000
Restoration Application	Between 6–12 months after expiry	₹9,000 (renewal) + restoration fee	Additional restoration fee	₹15,000+
After 1 Year	Not applicable	NO RENEWAL POSSIBLE — TRADEMARK PERMANENTLY LOST

💡 Important Note on Renewal Fee Unlike the initial trademark registration fee (which has concessional rates for MSME/individuals at ₹4,500 per class), the trademark renewal fee is ₹9,000 per class for ALL applicant types — individuals, MSMEs, startups, and companies alike. There is no concessional renewal rate for small businesses or MSMEs under the current Trade Marks Rules, 2017. Physical filing (as opposed to e-filing) attracts higher fees. Always file renewals electronically on the IP India portal for the standard ₹9,000 rate.

4. The 5-Year Non-Use Cancellation Rule

Having a registered trademark does not mean you can simply file it and forget it — there is an important use requirement. Under Section 47 of the Trade Marks Act, 1999, any person can apply to have a registered trademark cancelled (removed from the register) if the trademark has not been genuinely used in India in relation to the registered goods or services for a continuous period of 5 years and 3 months preceding the date of the cancellation application.

Trade Marks Act, 1999 — Section 47: Removal of Trademark for Non-Use

"A registered trade mark may be taken off the register in respect of the goods or services in respect of which it is registered on application made in the prescribed manner to the Registrar or the Appellate Board by any person aggrieved on the ground — (a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods or services by him, and that there has in fact been no bona fide use of the trade mark in relation to those goods or services by any proprietor thereof for the time being up to the date one month before the date of the application; or (b) that up to the date one month before the date of the application a continuous period of five years from the date on which the trade mark is actually entered in the register or longer has elapsed during which the trade mark has been registered and during which there has been no bona fide use thereof in relation to those goods or services by any proprietor thereof for the time being..."

— Trade Marks Act, 1999, Section 47(1)

Plain Explanation — The "Use It or Lose It" Rule: If your registered trademark sits unused for 5 years and 3 months continuously, any third party — including a competitor who wants to use the same name — can file a cancellation petition with the Trademark Registry or the High Court seeking removal of your trademark on grounds of non-use. If they succeed, your registration is cancelled and the mark becomes available for anyone to register. This means registration alone is not enough — you must actively use the trademark in Indian commerce, maintain evidence of use (invoices, advertisements, packaging), and be able to demonstrate genuine commercial use if challenged.

🚨 What Counts as "Use" to Prevent Section 47 Cancellation?

Sale of goods or provision of services under the registered trademark in India
Export of goods bearing the trademark (export use counts as use in India)
Use in advertisements, marketing materials, and digital platforms
Use by an authorised licensee or registered user (counts as use by the proprietor)
Does NOT count: Merely registering a domain name with the trademark, registering the company with the brand name, or planning to use but not actually using the mark in commerce

5. How to Renew Your Trademark: Step-by-Step Process

Check Your Expiry Date

Log into the IP India trademark search portal and search your trademark application number. The registration details will show the valid till (expiry) date. Set calendar reminders 12 months before expiry.

Verify Current Details on Register

Ensure the registered proprietor's name, address, and contact details on the trademark register are current. If there has been a change in ownership or address, update via Form TM-P before filing renewal — the Registrar's notice goes to the address on record.

Prepare Form TM-R

Download or complete Form TM-R on the IP India e-filing portal (ipindia.gov.in). Fill in the trademark application/registration number, proprietor details, class(es) for renewal, and current address. Attach Digital Signature Certificate (DSC).

Pay Renewal Fee Online

Pay ₹9,000 per class via the IP India payment gateway — net banking, debit/credit card, or UPI. For multiple classes, multiply by the number of classes. Keep the payment receipt safely.

Submit and Get Acknowledgement

Submit Form TM-R electronically. The portal generates an acknowledgement slip immediately — this is your proof of renewal filing. The trademark register is updated to reflect the new 10-year validity period.

Receive Renewed Registration

The Trademark Registry processes the renewal and updates the register. The renewed registration is valid for 10 years from the original expiry date — not from the renewal filing date. Set the next reminder for 9 years later.

6. Can a Trademark Last Forever in India?

Yes — in practical terms, a trademark in India can last indefinitely, as long as it is consistently renewed every 10 years and actively used in commerce. There is no upper limit on how many times a trademark can be renewed under Section 25 of the Trade Marks Act, 1999. The phrase "may be renewed from time to time" in Section 25(1) creates a perpetual renewal right for the registered proprietor. Some of India's most iconic trademarks — such as "Amul," "Parle-G," and "Tata" — have been continuously renewed for decades and remain legally valid today.

📌 Trademark vs Copyright vs Patent — Duration Comparison


  
    
      IP Right
      Initial Duration
      Can It Last Forever?
      Condition
    

      Trademark
      10 years
      YES ✓
      Renew every 10 years + continue using the mark
    

      Copyright
      Author's lifetime + 60 years
      NO ✗
      Expires — enters public domain, cannot be renewed
    

      Patent
      20 years
      NO ✗
      Expires after 20 years — enters public domain
    

      Design Registration
      10 years
      Limited
      One renewal of 5 years only — maximum 15 years total
    

      Geographical Indication
      10 years
      YES ✓
      Renewable indefinitely — similar to trademark
    

  

IP Right	Initial Duration	Can It Last Forever?	Condition
Trademark	10 years	YES ✓	Renew every 10 years + continue using the mark
Copyright	Author's lifetime + 60 years	NO ✗	Expires — enters public domain, cannot be renewed
Patent	20 years	NO ✗	Expires after 20 years — enters public domain
Design Registration	10 years	Limited	One renewal of 5 years only — maximum 15 years total
Geographical Indication	10 years	YES ✓	Renewable indefinitely — similar to trademark

7. Frequently Asked Questions: Trademark Duration India

How long is a trademark valid in India after registration? +

A registered trademark in India is valid for 10 years from the date of registration (not from the filing date). After 10 years, it must be renewed by filing Form TM-R and paying the prescribed renewal fee of ₹9,000 per class. The trademark can be renewed for unlimited successive 10-year periods — meaning a trademark can theoretically last forever as long as it is consistently renewed and actively used in commerce.

What happens if I don't renew my trademark in India on time? +

If you miss the renewal deadline, there is still a 6-month grace period after the expiry date during which you can file a late renewal by paying the renewal fee plus a surcharge of ₹3,000 per class. The Registrar cannot remove the trademark from the register if you file within this 6-month window. If you miss the grace period too, the trademark is removed from the register. You then have a further 6 months (i.e., between 6 months and 1 year after expiry) to apply for restoration under Section 25(4). After 1 year from expiry, no remedy is available and the trademark is permanently lost.

Can I renew my trademark before it expires in India? +

Yes — and this is the recommended approach. You can file for trademark renewal (Form TM-R) up to 12 months before the expiry date with no surcharge or penalty. Filing early ensures there is no risk of accidentally missing the deadline and incurring a surcharge. The renewed registration period begins from the original expiry date — not from the date you file for renewal — so filing early does not shorten your next 10-year period. Set a calendar reminder 12 months before your trademark's expiry date to avoid late filing.

What is the trademark renewal fee in India for 2026? +

The trademark renewal fee in India for 2026 is ₹9,000 per class for e-filing, applicable to all types of applicants — individuals, MSMEs, startups, and companies alike. Unlike the initial trademark registration fee (where MSMEs get a 50% concession at ₹4,500 per class), there is no concessional rate for renewals. For late renewal within the 6-month grace period after expiry, a surcharge of ₹3,000 per class applies, bringing the total to ₹12,000 per class. Restoration applications (between 6–12 months after expiry) attract additional fees.

Can my trademark be cancelled even if it is registered and renewed? +

Yes. A registered trademark — even a renewed one — can be cancelled by the Trademark Registry or High Court if it has not been genuinely used in India for a continuous period of 5 years and 3 months (Section 47 of the Trade Marks Act, 1999). Any aggrieved third party who wishes to register the same mark can file a cancellation petition on grounds of non-use. To protect your registration, maintain evidence of regular commercial use — sales invoices, advertisements, packaging — and ensure the trademark appears visibly on your products, services, and marketing materials.

Can a trademark that has expired be restored in India? +

Yes, but only within a limited window. Under Section 25(4), a trademark that has been removed from the register for non-renewal can be restored if a restoration application is filed between 6 months and 1 year from the expiry date (i.e., after the grace period but within 1 year of expiry). The Registrar has discretion to restore the trademark "if satisfied that it is just to do so" — restoration is not automatic. After 1 year from the expiry date, no restoration is possible and the trademark is permanently removed from the register.

Does the 10-year trademark validity start from the filing date or registration date? +

The 10-year trademark validity period starts from the date of registration — i.e., the date the registration certificate is issued — not from the application filing date. However, Section 23(2) of the Trade Marks Act, 1999 provides that once registered, the registration takes effect from the date of application (the filing date). This means the trademark rights are backdated to the application date, but the 10-year validity period and renewal obligation is calculated from the actual registration date shown on the certificate.

🔄 Renew Your Trademark — Don't Let It Lapse

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