Section 25 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.
Section 25 sets the life of a trade mark registration and what you must do to keep it. A registration lasts ten years and can be renewed again and again. If renewal is missed, the Registrar can remove the mark, but there is a six-month window to renew with a surcharge and a further window to restore it.
Registration is for ten years and may be renewed from time to time for ten years each time. The Registrar sends a notice before expiry. If conditions are not met he may remove the mark, but he shall not remove it if the application, fee and surcharge come within six months from expiration. After removal, he shall restore it after six months and within one year from expiration, on application and fee, if satisfied that it is just.
Sub-section (1): ten years
"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."
The period is ten years. The words "from time to time" mean renewal is not limited to a fixed number of times. If you are new to the process, how to renew a trademark walks through filing, and a trademark renewal service can track your expiry date.
Sub-section (2): the duty to renew
"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)."
- Who applies: the registered proprietor.
- How and when: in the prescribed manner and within the prescribed period; the period and the fee are in the Trade Marks Rules, 2017, not in the Act. This article states no amount.
- Duty: the Registrar "shall" renew, once the conditions are met.
- Length: ten years from the expiration of the last registration, so each renewal follows on from the previous expiry and not from the day you apply.
Sub-section (3): notice, removal, and the six-month proviso
"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."
So three things happen: a notice goes out; if the conditions are not complied with in the prescribed time, the Registrar may remove the mark. Removal is a power, not automatic.
The proviso softens it: "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)."
| Stage | What the text provides |
|---|---|
| Before expiry | Registrar sends notice of expiry date and renewal conditions, at the prescribed time |
| Renewal made in time | Renewal for ten years under sub-section (2) |
| Not renewed in time | Registrar may remove the mark |
| Within six months after expiry | If the prescribed application is made and the prescribed fee and surcharge are paid, the Registrar shall not remove the mark and shall renew it for ten years |
The proviso uses "the prescribed fee and surcharge". The amount of the surcharge is not in the Act. It is set by the Rules.
Example. Anika Textiles' registration expires on 1 March. No renewal is filed. If Anika files the prescribed application and pays the prescribed fee and surcharge by the end of the six months after 1 March, the Registrar shall not remove the mark and shall renew it for ten years. Keep your own renewal diary and see also the renewal calendar.
Sub-section (4): restoration after removal
"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."
Points to note:
- Window: after six months and within one year from expiry. The six-month surcharge route in the proviso and the restoration route in sub-section (4) therefore follow one another: first six months, then up to one year.
- Condition: the Registrar must be satisfied that it is just to restore.
- Terms: restoration may be general or subject to conditions or limitations.
- Period: ten years from the expiration of the last registration.
- Scope: sub-section (4) speaks of removal for non-payment of the prescribed fee; the next section, section 26, deals with what such removal does to later applications by others.
For a fuller account of fees, late renewal and restoration, see trademark renewal: process, fees and late restoration, and the renewal and validity guide.
The timeline
| Point in time | Action under section 25 |
|---|---|
| Registration begins | Ten years' duration (25(1)) |
| At the prescribed time before expiry | Registrar's notice (25(3)) |
| By the prescribed period | Renewal application and fee (25(2)) |
| Expiry to six months after | Renewal still possible on prescribed form, fee and surcharge (25(3) proviso) |
| After six months, within one year of expiry | Restoration on application and fee, if just (25(4)) |
| After one year | The text of section 25 offers no further route; take advice |
Practical points
- Do not wait for the Registry's notice. The Act obliges the Registrar to send one, but the date in it is the expiry date, which you can calculate yourself.
- File before expiry. The surcharge route exists only after expiry and adds a charge.
- Mind the one-year outer limit. After one year from expiry, section 25 gives no restoration route.
- Only the registered proprietor applies. If ownership has changed, make sure the assignment is recorded first; see sections 37-38.
- Check what removal costs you. Section 26 deals with the effect of removal on later applications by others.
Need help with renewal?
If your registration is close to expiry, or already inside the six-month or one-year windows, speed of filing matters. Our trademark renewal team checks your date, prepares the application and handles restoration where required.
Key takeaways
- Registration lasts ten years and may be renewed from time to time, ten years at a time.
- The registered proprietor applies, in the prescribed manner, within the prescribed period, with the prescribed fee.
- The Registrar sends a notice before expiry; if conditions are not met he may remove the mark.
- Within six months after expiry, the prescribed application, fee and surcharge prevent removal and renew the mark.
- After removal, restoration is possible after six months and within one year from expiry if the Registrar is satisfied it is just.
- Fees, surcharge and time-before-expiry figures are in the Trade Marks Rules, 2017.
Read next
- Section 26: effect of removal for failure to pay renewal fee
- Sections 23-24: registration and jointly owned trade marks
- How to renew a trademark
- Trademark renewal calendar: never miss a deadline
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.