Chapter III - Procedure for and Duration of Registration
Section 25
Section 25: duration, renewal, removal and restoration
A registered trade mark has a ten-year term and may be renewed repeatedly. Section 25 separates normal renewal from post-expiry surcharge and restoration routes.
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Need advice on Section 25?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(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, as the case may be (which date is in this section referred to as the expiration of the last registration).
(3) At the prescribed time before the expiration of the last registration of a trade mark the Registrar shall send notice in the prescribed manner to the registered proprietor of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, 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 of the trade mark and shall renew the registration of the trade mark for a period of ten years under sub-section (2).
(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 and renew the registration of the trade mark either generally or subject to such conditions or limitations as he thinks fit to impose, for a period of ten years from the expiration of the last registration.
Introduction
The starting point is the live register: check the mark number, proprietor, classes, last registration term and current status. A filed renewal form is not itself confirmation of a completed register entry.
Trade Marks Rules 2017 rules 57–61 set the current prescribed form, timing, notice and administrative process. Official fees should be checked when filing, because the section does not lock a rupee amount into the Act.
Key takeaways
Ten-year periods
Section 25 sets an initial ten-year registration and permits further ten-year renewals.
Ordinary filing window
Rule 57 permits Form TM-R with the prescribed fee within the year before the last registration expires.
Six-month surcharge route
Section 25(3) and rule 59 provide a post-expiry route with the prescribed fee and surcharge within six months.
Restoration is distinct
Where removal occurred for non-payment, section 25(4) and rule 60 address restoration and renewal after six months but within one year of expiry; the Registrar must be satisfied it is just to restore.
Normal renewal
The registered proprietor applies in the prescribed manner and pays the prescribed fee. Rule 57 uses Form TM-R, and permits filing not more than one year before expiry. The new ten-year period runs from expiration of the prior registration, not from the day the form is filed.
Late payment and removal
Section 25(3) provides a notice and removal framework. The proviso protects an application made with the prescribed fee and surcharge within six months after expiry. Rule 59 addresses advertisement of removal and the surcharge window.
Restoration after removal
Section 25(4) concerns a mark removed for non-payment. The application must fall after six months and within one year after expiry, and the Registrar considers whether restoration is just. Rule 60 uses Form TM-R and requires consideration of affected persons' interests.
Official sources
Practical checklist
Do
- Check the live register and calculate the last registration's expiry date.
- File Form TM-R with the current class-based fee in the applicable window.
- If the date has passed, identify whether the six-month surcharge or one-year restoration route applies.
- Confirm the updated register entry and Journal notice after processing.
Avoid
- Do not assume every late application is an ordinary renewal.
- Do not present restoration as automatic.
- Do not quote a fee without checking the current official fee schedule.
Glossary
- Surcharge
- The additional prescribed amount for the post-expiry application route under section 25(3).
- Restoration
- Returning a mark removed for non-payment to the register after the Registrar permits the application.
Frequently asked questions
How long does a registered trade mark last?
Its registration lasts ten years and can be renewed for further ten-year periods under section 25.
Can a registration be saved after expiry?
The Act provides a six-month surcharge route and, after removal, a distinct restoration route within one year. The record and dates decide which is available.
Which form is used for renewal or restoration?
The Trade Marks Rules 2017 use Form TM-R, with the applicable prescribed fee and any required surcharge.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026