Trademark Renewal, Surcharge & Restoration (TM-R) — and the Class 1–45 Guide for Delhi-NCR Trades
Quick answer: A registered trademark lasts ten years and is renewed for ten more by filing Form TM-R, which can be done up to one year before expiry: ₹9,000 per class by e-filing (₹10,000 physical). Miss the date and Section 25(3) gives six months to renew with a ₹4,500 surcharge (₹13,500 total); from six to twelve months after expiry the mark is removed and must be restored under Section 25(4) with a further ₹9,000 (₹18,000 total), at the Registrar's discretion. The Registry's reminder is Form RG-3, sent not more than six months before expiry. There is no 'TM-10' any more — pages still saying so are quoting the 2002 Rules.
Last verified 4 October 2026 — rules on this page checked against the current notifications. We update it the day a rule changes.
Fees and windows — First Schedule, Trade Marks Rules 2017 (per class)
| Window | Legal basis | E-filing | Physical |
|---|---|---|---|
| Up to 1 year before expiry — ordinary renewal | s.25(1)–(2), Rule 57 | ₹9,000 | ₹10,000 |
| 0–6 months after expiry — renewal with surcharge (mark not removed) | proviso to s.25(3) | ₹9,000 + ₹4,500 = ₹13,500 | ₹10,000 + ₹5,000 = ₹15,000 |
| 6–12 months after expiry — restoration and renewal (Registrar's discretion) | s.25(4) | ₹9,000 + ₹9,000 = ₹18,000 | ₹10,000 + ₹10,000 = ₹20,000 |
| After 12 months | — | Mark lost; file a fresh TM-A (₹4,500 individual/startup/MSE or ₹9,000 others per class) and face any intervening applicants | |
- Reminder: the Registry sends Form RG-3 to the address for service not more than six months before expiry (Rule 58) — a missed notice is not a defence, so we calendar every mark
- Late registration cases: where registration itself came within six months before or after the renewal date, renewal is allowed within six months of the actual registration (Rule 58(2)–(3))
- Change of owner or address first: record assignments (TM-P) and address changes (TM-M) before renewing, or the renewal issues in the wrong name
Class 1–45 — what Delhi-NCR trades file under
Fees are per class, so picking the right class (and only the classes you use) decides both cost and protection. Three local examples per class:
| Class | Typical Delhi-NCR goods / services |
|---|---|
| 1 | Industrial chemicals (Wazirpur units), fertilisers, industrial adhesives |
| 2 | Paints (Kirti Nagar dealers), printing inks, wood stains |
| 3 | Cosmetics, attar (Chandni Chowk), detergents |
| 4 | Lubricants, candles, fuel briquettes |
| 5 | Pharmaceuticals (Bhagirath Palace), ayurvedic medicines, sanitary products |
| 6 | Hardware and locks, steel pipes, metal fittings (Mayapuri) |
| 7 | Machinery, motors, packaging machines (Bawana/Narela) |
| 8 | Hand tools, cutlery, razors |
| 9 | Mobile accessories (Gaffar Market), software, CCTV |
| 10 | Medical devices, surgical instruments, orthopaedic supports |
| 11 | LED lights (Bhagirath Palace), ACs and coolers, water purifiers |
| 12 | E-rickshaws, auto parts (Kashmere Gate), bicycles |
| 13 | Fireworks, firearms accessories, explosives |
| 14 | Jewellery (Karol Bagh), watches, imitation jewellery |
| 15 | Musical instruments, harmoniums, tabla |
| 16 | Stationery (Nai Sarak), printed books, paper packaging |
| 17 | Rubber goods, plastic sheets, insulation |
| 18 | Leather bags, luggage, leather accessories |
| 19 | Tiles, cement, marble (Kirti Nagar/Rajouri Garden) |
| 20 | Furniture (Kirti Nagar), mattresses, mirrors |
| 21 | Kitchenware, glassware, cleaning tools |
| 22 | Ropes, tents, tarpaulins |
| 23 | Yarns and threads (Gandhi Nagar) |
| 24 | Textiles, bed sheets, curtain fabric |
| 25 | Garments (Gandhi Nagar, Tank Road), footwear, headwear |
| 26 | Lace, buttons, artificial flowers |
| 27 | Carpets, mats, wallpaper |
| 28 | Toys (Jhandewalan), sports goods, gym equipment |
| 29 | Ghee and dairy, pickles, edible oils |
| 30 | Spices (Khari Baoli), flours, tea/coffee, sweets |
| 31 | Fresh produce (Azadpur), seeds, animal feed |
| 32 | Packaged water, juices, energy drinks |
| 33 | Wines and spirits |
| 34 | Tobacco, hookah flavours, smokers' articles |
| 35 | Retail and e-commerce, advertising, franchising |
| 36 | Fintech/NBFC, insurance broking, real-estate brokerage |
| 37 | Construction, interior contracting, AC repair |
| 38 | Telecom, broadcasting, online messaging |
| 39 | Logistics and courier, travel agency, warehousing |
| 40 | Printing, custom manufacturing and tailoring, recycling |
| 41 | Coaching institutes (Mukherjee Nagar), schools, events |
| 42 | SaaS/IT services, design, testing labs |
| 43 | Restaurants, cloud kitchens, hotels and banquets |
| 44 | Clinics, salons, diagnostic labs |
| 45 | Legal services, security agencies, matrimonial services |
Classes 1–34 are goods, 35–45 services. A garment brand sold online typically needs 25 (goods) and 35 (retail/e-commerce); a cloud kitchen 43 and often 30/29 for packaged products.
What we do
- Portfolio audit and a renewal calendar across all your marks and classes; TM-R filing in the right window; surcharge/restoration filings with the explanation the Registrar expects
- Ownership clean-up (TM-P/TM-M) before renewal; watch service for conflicting applications
- New filings: Delhi, Noida, Ghaziabad; objection replies; DPIIT recognition for the ₹4,500 fee on fresh marks
Protect the logo twice: copyright registration (₹2,000 for a logo used on goods, with TM-C).
Talk to us before you file anything
Frequently asked questions
What is the trademark renewal fee in India?
₹9,000 per class by e-filing (₹10,000 physical) on Form TM-R, under the First Schedule to the Trade Marks Rules 2017.
How early can I renew?
Up to one year before the ten-year registration expires (Rule 57).
What happens if I miss the expiry date?
You have six months to renew with a surcharge of ₹4,500 (₹13,500 total per class, e-filing) under the proviso to Section 25(3); the mark stays on the register during that window.
Can an expired trademark be restored?
Yes — from six to twelve months after expiry, under Section 25(4), by TM-R with the renewal fee plus ₹9,000 (₹18,000 total, e-filing), at the Registrar's discretion; after twelve months only a fresh application remains.
Does the Registry remind me?
It sends Form RG-3 to the address for service not more than six months before expiry; failure to receive it does not extend the deadline.
Is TM-10 still used for renewal?
No. TM-10 was a 2002-Rules form; since 2017 renewal, surcharge and restoration all go on Form TM-R.
Is the renewal fee per class?
Yes — each class on the registration is renewed and charged separately.
Which class does a clothing brand or a restaurant need?
Clothing: Class 25 (goods) and usually 35 for retail/online sales; restaurant or cloud kitchen: Class 43, with 29/30 if you sell packaged food.