Rules 58 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 58 requires the Registrar to warn the registered proprietor, in Form RG-3 and not more than six months before expiry, that the registration is about to expire where no renewal application has been received. It also deals with marks registered close to, or after, the renewal date. Rule 59 allows the Registrar to remove a mark whose renewal fee has not been paid, advertise the removal in the Journal, and bars removal where a surcharge application is made on Form TM-R within six months from expiry. For a brand owner, these rules mark the line between a missed date and a lost mark. A trademark renewal plan should never rely on the notice alone.
If no renewal application has been received, the Registrar sends a notice in Form RG-3, not more than six months before expiry, to the address for service (rule 58(1)). For a mark registered within six months before renewal fell due, or after the renewal date, renewal fee may be paid within six months after the actual date of registration, failing which the Registrar removes the mark subject to rule 60 (rule 58(2)-(3)). On expiry without payment he may remove the mark and advertise the removal in the Journal, but not if a surcharge application is made in Form TM-R within six months from expiration (rule 59).
Rule 58: notice before removal
Sub-rule (1): the RG-3 notice
"In case no application for renewal of the registration in the prescribed form together with the specified fee has been received, the Registrar shall send, not more than six months before the expiration of registration of the trademark, a notice in Form RG-3 at the address of service informing the registered proprietor of the approaching date of expiration and the conditions, if any, subject to which the renewal of the registration may be obtained."
| Element | Text |
|---|---|
| Trigger | No renewal application in the prescribed form with the specified fee has been received |
| Form | RG-3 (Third Schedule: "Notice of expiration of last registration", section 25(3)) |
| Time | "not more than six months before the expiration" |
| Sent to | The registered proprietor, at the address of service |
| Content | The approaching date of expiration and the conditions, if any, subject to which renewal may be obtained |
The notice is a courtesy that the Rules make a duty ("shall send"), but its absence is not treated in rule 58 as a defence. Rule 57 puts the application on the proprietor, and rule 17 makes the address for service the address on which notice is served; keep it current. Our article on rule 57 covers the application itself.
A drafting note: the printed text of Form RG-3 cites "section 23(2); rule 58 (1)" in its heading and mentions an "enclosed Form TM-12" in its body, while the Third Schedule list gives section 25(3). TM-12 is not a form in the 2017 Schedules (renewal is TM-R). We flag these slips without correcting them.
Sub-rule (2): mark registered within six months before renewal fell due
"Where, in the case of a trademark the registration of which (by reference to the date of application for registration) becomes due for renewal, the trademark is registered at any time within six months before the date on which renewal is due, the registration may be renewed by the payment of the renewal fee within six months after the actual date of registration and where the renewal fee is not paid within that period, the Registrar shall subject to rule 60, remove the trademark from the register."
Sub-rule (3): mark registered after the renewal date
"Where ... the trademark is registered after the date of renewal, the registration may be renewed by the payment of the renewal fee within six months of the actual date of registration and where the renewal fee is not paid within that period the Registrar shall, subject to rule 60, remove the trademark from the register."
The reference point is the date of application, which is also the date of registration under the Act; a mark whose registration takes long can reach its first renewal date soon after it is entered. These two sub-rules give such a mark six months from the actual date of registration.
| Case | Time to pay the renewal fee | If unpaid |
|---|---|---|
| Registered within six months before renewal is due (sub-rule (2)) | Within six months after the actual date of registration | Removal, subject to rule 60 |
| Registered after the renewal date (sub-rule (3)) | Within six months of the actual date of registration | Removal, subject to rule 60 |
Rule 60 is the restoration rule, covered in the next article.
Sub-rule (4): collective and certification marks
"The renewal of registration of a collective trademark or a certification trademark shall be in Form TM-R along with the prescribed fee as specified in the First Schedule." The same form and fee entry apply.
Rule 59: advertisement of removal
"If at the expiration of registration of a trademark, the renewal fees has not been paid, the Registrar may remove the trademark from the register and advertise the fact forthwith in the Journal."
The proviso: "the Registrar shall not remove the trademark from the register if an application for payment of surcharge is made under proviso to sub-section (3) of section 25 in Form TM-R within six months from the expiration of the registration of the trademark."
| Step | Text |
|---|---|
| Expiry, fee unpaid | The Registrar "may" remove the mark |
| After removal | He advertises the fact "forthwith" in the Journal |
| Bar on removal | If a surcharge application on Form TM-R is made within six months from expiration |
| Fee, as notified in 2017 (check the current Schedule) | Entry 4: Rs 5,000 (physical) or Rs 4,500 (e-filing) for each class, plus the renewal fee under entry 3 |
So the renewal period has a grace window: the mark may be kept by paying the renewal fee together with a surcharge, if the application is made within six months from expiration. The statutory source is the proviso to section 25(3); see our article on section 25 and, for the consequence of removal, section 26. The text does not say whether the Registrar acts on each lapsed mark at once or in batches; the rule gives "may".
Example: Chitra Apparel's registration expires on 31 March and no renewal was filed. Form RG-3 was sent earlier, to the address for service, but the notice was missed. On 15 June, within six months, Chitra files Form TM-R for renewal with surcharge, paying the entry 4 surcharge per class plus the entry 3 renewal fee. Under the proviso to rule 59, the Registrar shall not remove the mark. If Chitra waits until after six months, the Registrar may remove the mark and advertise the removal, and Chitra would have to look to restoration in rule 60.
Version note
This is the position under the Rules as notified on 6 March 2017. Later amendments should be checked.
Need help avoiding removal?
If your registration has expired or the six-month window is running, speed matters. Our trademark renewal team can file the renewal with surcharge or plan the restoration.
Key takeaways
- The Registrar sends Form RG-3 not more than six months before expiry if no renewal application has been received.
- A mark registered close to or after its renewal date has six months from the actual date of registration to pay the renewal fee.
- After expiry without payment the Registrar may remove the mark and must advertise the removal.
- A surcharge application on Form TM-R within six months from expiration bars removal.
- Collective and certification marks renew on Form TM-R with the same fee entries.
Read next
- Rule 57: renewal of registration
- Rules 60–61: restoration and renewal, and notice and advertisement
- Rules 52–53: notice of incomplete registration and entry in the register
- Trademark renewal process, fees and late restoration
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.