™ vs ®, renewal and protecting your Trademark after Registration

Use ™ as soon as you claim a brand or have applied for it; use ® only after the Registration certificate is issued — using ® on an unregistered mark is a criminal offence. A registered trademark lasts 10 years from the application date and can be renewed forever on Form TM-R, currently for an official fee of ₹9,000 per class by e-filing.

Registration is not the finish line. This chapter explains the symbols, renewal and restoration deadlines, well-known marks and how to keep your trademark strong.

What is the difference between ™ and ®?

Point	™ (trademark)	® (registered)
Meaning	"I claim this as my trademark"	"This mark is registered under the Trade Marks Act"
When you can use it	Any time — before filing, after filing, or while pending	Only after Registration, and only for the goods or services it is registered for
Legal effect	A notice to others; no special legal rights by itself	Signals the statutory rights of a registered owner
Risk of misuse	None	Misuse is an offence under Section 107

Under Section 107 of the Trade Marks Act, 1999, falsely representing a mark as registered — including using ® or words like "registered trademark" for an unregistered mark — is punishable with imprisonment of up to three years, or a fine, or both. Using ® on goods outside your registered classes carries the same risk.

How long is a trademark valid in India?

A registered trademark is valid for 10 years. Under Section 23, the mark is registered as of the date of application, so the 10 years are counted from the filing date, not from the date you receive the certificate. Under Section 25, it can be renewed for further periods of 10 years each, without any limit.

How and when do you renew a trademark?

Renewal is filed on Form TM-R. Section 25 of the Act and the Trade Marks Rules, 2017 set out these windows:

Situation	When	Official fee per class
Normal renewal	Any time in the last year before the expiry date (Rule 57)	₹9,000 (e-filing) or ₹10,000 (physical)
Late renewal with surcharge	Within six months after expiry (Section 25(3))	Renewal fee + surcharge of ₹4,500 (e-filing)
Restoration and renewal	After the mark is removed, within one year from expiry (Rule 60)	Renewal fee + restoration fee of ₹9,000 (e-filing)

Fees are as listed on the IP India forms and official fees page. Unlike the application fee, the renewal fee is the same for individuals, startups, small enterprises and companies.

The Registrar is required to send a notice not more than six months before expiry (Rule 58), but do not rely on it — the owner is responsible for renewing on time. If a mark is not renewed or restored within these limits, it is removed from the register and the removal is advertised in the Journal (Rule 59); anyone may then apply for it. After one year from expiry, the only safe route is usually a fresh application, which loses your original filing date.

How do you keep your trademark strong after Registration?

• Use it. A registered mark that has not been genuinely used for a continuous period of five years and three months can be removed on an application by any aggrieved person (Section 47). Keep dated invoices, packaging and advertisements as proof of use.
• Use it as registered. Keep the name and logo consistent with what you filed. If you redesign the logo substantially, consider a fresh application for the new version.
• Keep details updated. If your address changes, or the business changes hands, record the change with the Registry. A transfer of ownership (assignment) is recorded on Form TM-P.
• Watch the Journal. Check the weekly Trade Marks Journal for look-alike marks, so you can oppose within four months.
• Act on infringement. A registered owner can send a legal notice and file a suit for infringement, seeking an injunction and damages. Marketplaces and social media platforms also run complaint processes for registered owners.
• License in writing. If others use your mark (franchisees, distributors), give a written licence so the use counts for you.

What is a well-known trademark?

A well-known trademark is a mark so widely known to a substantial part of the public that using it on other goods or services would suggest a connection with the owner (Section 2(1)(zg)). Such marks get protection across all classes, not just the ones registered, and the Registry must refuse later similar marks that would take unfair advantage of them (Section 11).

A mark can be declared well-known by a court or tribunal, or by the Registrar on a request under Rule 124. The request is filed online with evidence of the mark's reputation, and the official fee is ₹1,00,000. The list of marks declared well-known is published on the IP India public search portal. For most young businesses this is a later-stage step, once the brand has built real national reputation.

Does an Indian trademark protect my brand abroad?

No. Trademark rights are territorial: an Indian Registration protects the mark only in India. To protect it in other countries, you file in each country, or use the Madrid Protocol system, under which one international application routed through the Indian Trade Marks Registry can designate many member countries. Each country then decides on protection under its own law.

Key takeaways

• Use ™ any time; use ® only after Registration and only for registered goods or services — misuse is an offence under Section 107.
• A Registration lasts 10 years from the application date and can be renewed indefinitely on Form TM-R (₹9,000 per class online).
• Renew in the last year before expiry; late renewal with surcharge is allowed for six months, and restoration up to one year after expiry.
• Keep using the mark, record changes, watch the Journal and act against copycats to keep the brand protected.