Trademark Renewal, Restoration & Transfer in India

A trademark is a long-term asset, but its protection is not automatic. It must be renewed every ten years, restored if it lapses, and properly recorded when ownership changes hands. This guide walks through all three procedures under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017 — with the forms, fees and deadlines that govern each.

Trademark Renewal in India

A registered trademark is valid for ten years from the date of registration and may be renewed for successive ten-year terms. Renewal preserves the proprietor's exclusive rights; failure to renew leaves the mark open to removal and to use by third parties.

Renewal is governed primarily by Section 25 of the Act and Rules 57–60 of the 2017 Rules.

1 File the Renewal Application

Form TM-R

The proprietor or an authorised agent files Form TM-R with the prescribed renewal fee.

Form TM-R Filed by proprietor or agent

2 Observe the Deadline

Within 1 year before expiry

The application can be filed up to one year before expiry. If missed, renewal is still possible within six months after expiry on payment of a late fee.

3 Registrar's Reminder Notice

Rule 58

The Registrar issues a reminder before expiry — but the duty to renew rests with the proprietor regardless of whether the notice is received.

4 Renew with Surcharge, if Late

Up to 6 months after expiry

Where the deadline is missed, the mark can be renewed within six months after expiry by paying the renewal fee plus surcharge.

5 Restoration, if Removed

6 months – 1 year after expiry

If the mark has been removed, restoration may be sought within one year of expiry on Form TM-R with the restoration fee. (Covered in detail below.)

6 Publication in the Trademark Journal

Protection extended 10 years

On successful renewal the mark is published in the Trademark Journal, securing protection for a further ten-year term.

For a renewal filing

• Duly filled Form TM-R
• Power of Attorney (if filed by an agent)
• Trademark registration certificate
• Identity proof of the applicant
• Proof of payment of the renewal fee

Official Fees

Fees are per class and indicative — verify against the current IP India fee schedule before filing.

Why Renewal Matters

01

Continuous Protection

Exclusive rights carry forward for another ten years without interruption.

02

Brand Strength

An unbroken registration sustains long-term recognition and goodwill.

03

Commercial Leverage

A live registration eases licensing, expansion and enforcement.

If you don't renew

• Loss of exclusive legal protection
• The mark becomes available to third parties
• A fresh application may be needed — adding cost and delay
• The Registrar may remove the mark from the register

Trademark Restoration

Restoration re-registers a mark that was removed from the register for non-renewal. It is available only within a defined window after removal.

When Restoration is Available

The restoration window

• A mark not renewed within 6 months of expiry is removed
• Restoration may be sought between 6 months and 1 year of removal
• After one year, restoration is closed
• Beyond the window, only a fresh application remains

Forms & Fees

Restoration fee is additional to the applicable renewal fee — confirm current figures on ipindia.gov.in.

The Procedure

• 1 · File Form TM-R with the additional restoration fee.
• 2 · Submit an affidavit stating the reasons for the delay in renewal.
• 3 · Office review — the Trademark Office examines the request and publishes it in the           Journal.
• 4 · Restoration — if no opposition is raised, the mark is restored and renewed for a further ten years.

Trademark Transfer: Assignment & Transmission

Ownership of a trademark can move to another party by assignment or by operation of law. The Act sets out how, and on what conditions, such transfers are permitted and recorded.

Assignment vs Transmission

Assignment (Section 37) is a deliberate transfer of ownership for consideration. Transmission occurs by operation of law — for example, through inheritance or a court order. Either can be made:

Forms a transfer can take

• With goodwill — transferred with the business
• Without goodwill — a "gross" assignment
• For all goods/services covered by the mark
• For only specific goods/services

The Assignment Process

1 File the Application

Form TM-P

Request the assignment or transfer on Form TM-P with the prescribed fee.

2 Submit Supporting Documents

Proof of title

• Original or certified copy of the assignment deed
• A statement of facts proving entitlement, if documentation is unavailable
• An affidavit, if the Registrar requires one

3 Registrar's Directions & Scrutiny

Sections 40–42

For assignments without goodwill, the Registrar directs advertisement. The Office then checks the mark's validity and renewal status, proper execution of the deed, absence of title disputes, and compliance with the restrictions in Sections 40 and 41.

4 Recordal & Publication

Trademark register & Journal

Approved assignments are recorded against the mark and published in the Trademark Journal for public notice. Disputed or fraudulently obtained assignments may be refused or invalidated.

Why Professional Assistance Matters

Renewal, restoration and transfer all turn on strict timelines, accurate documentation and compliance with the Trademark Office's requirements. A missed deadline or a defective deed can cause a mark to lapse, trigger disputes, or cloud ownership. PATectual IP Law Services LLP assists with renewal, restoration and transfer filings, drafting of assignment and licensing agreements, and trademark opposition and enforcement.

Conclusion

Trademarks hold their commercial value only when they are kept current. Renewing on time, restoring promptly within the window, and recording transfers correctly are what preserve both the legal right and the brand behind it. Following the prescribed procedures and timelines is the most reliable way to keep protection continuous.