What’s in this article
A Delhi NCR business spends a decade building a brand — a registered trademark, ten years of advertising, a name customers recognise. Then a renewal notice goes to an email no one monitors any more, the deadline passes, the grace period passes, and the mark drops off the register. The brand becomes available for anyone to claim. Ten years of equity, lost to a date.
A trademark lasts forever, but in 10-year instalments. Section 25 of the Trade Marks Act, 1999 sets a 10-year term, renewable indefinitely. Renewal is the simplest filing in trademark practice — and one of the most commonly missed, because the deadline lands a full decade after anyone last thought about it. This is the renewal playbook for a Delhi NCR business.
A trademark is forever — in 10-year instalments. Miss one and forever ends.
The 10-year term and the filing date trap
Section 25 sets a 10-year term. The trap most Delhi NCR businesses fall into: the 10 years runs from the filing date, not the date the certificate was issued. Because registration takes 18 to 24 months, those dates are well over a year apart. A business counting ten years from the certificate date will calendar the wrong year and miss the real deadline. Read the filing date off the certificate and calendar from there.
The three renewal windows
- Clean window — up to one year before expiry. Straightforward, no surcharge.
- Grace window — up to 6 months after expiry. Renewal still possible, with a surcharge.
- Restoration window — broadly up to one year after expiry, if the mark has been removed.
The Registry sends a reminder — Form O-3 — but it goes to the address on record, which after a decade is usually stale. Never rely on it.
How to renew: Form TM-R
Renewal is the simplest filing in trademark practice. Locate the filing date, complete Form TM-R with the registration number and class, pay ₹9,000 per class, file online through the IP India portal, and save the acknowledgement. There is no examination, no publication, no objection window — renewal is purely administrative.
Grace period and restoration
Miss the deadline and the mark does not vanish at once — Section 25 provides a 6-month grace period for renewal with a surcharge. Miss the grace period too and the mark can be removed. A removed mark may still be restored: an application for restoration and renewal can generally be made within one year of expiry, on payment of a restoration fee plus the renewal fee. But during the gap the brand is exposed — a third party could file a similar mark. A watch service flags that risk; renewing on time avoids it entirely.
Unsure when your Delhi NCR trademark expires? Send us the registration number — we’ll check the renewal date free.
Get free consult →Renewal as portfolio housekeeping
For a Delhi NCR business with more than one mark, renewal is a checkpoint, not just a payment. Use it to audit: is the mark still in use? Still in the right entity? Still covering the right classes? Prune marks in classes you have exited. Confirm ownership — if a mark is still in a founder’s personal name, renewal is the prompt to execute an assignment to the company.
Common renewal mistakes
- Counting from the certificate date. The term runs from the filing date.
- Relying on the Form O-3 reminder. It goes to a stale address.
- Letting the grace period become the plan. The surcharge is avoidable.
- Forgetting marks in an old entity. Marks from before a restructuring get orphaned.
- Renewing without an audit. Paying to protect a mark you no longer use.
Registration is the wedding. Renewal is the anniversary you cannot afford to forget.
People also ask
Can a Delhi NCR business renew a trademark early?
Yes. Renewal can be filed up to one year before the expiry date. Filing in this clean window avoids any surcharge and any risk.
Does renewal protect the mark in new classes?
No. Renewal continues the existing registration in its existing classes. To cover new classes, file a fresh application for those classes.
What if the trademark owner has changed since registration?
Record the change of ownership via assignment before or alongside renewal, so the renewed mark sits with the correct current owner.
Can a removed Delhi NCR trademark be recovered?
Yes, through restoration — an application for restoration and renewal generally filed within one year of expiry, on payment of the restoration fee plus the renewal fee.
Frequently asked questions
How often must a Delhi NCR business renew its trademark?
Every 10 years. Under Section 25 of the Trade Marks Act, 1999, registration is valid for 10 years from the filing date and is renewable indefinitely for further 10-year terms on payment of the renewal fee.
What is the trademark renewal fee in India?
₹9,000 per class for e-filing of Form TM-R. If renewed during the 6-month grace period after expiry, a surcharge applies on top.
What happens if a Delhi NCR business misses the renewal?
A 6-month grace period allows renewal with a surcharge. After that the mark can be removed from the register. A removed mark may be restored within one year of expiry, but the brand is exposed in the gap.
Does trademark renewal require re-examination?
No. Renewal is administrative. The Registry does not re-examine the mark for distinctiveness or conflicts. You file Form TM-R, pay the fee, and the registration continues for another 10 years.
Which office handles renewal for a Delhi NCR business?
The Delhi office, which has jurisdiction over Delhi, Haryana and UP. Renewal is filed online through the IP India portal regardless.
Ten years of equity. One renewal form. Do not lose the asset to the cheap step.