Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

Effect of Registration, Duration and Renewal of Trade Marks

Updated 11 October 2026 · Fact-checked

Under the Trade Marks Act, 1999, a valid registration gives the proprietor the exclusive right to use the mark for the registered goods or services and to sue for infringement (Section 28). Registration lasts ten years and is renewable for ten years each time (Section 25). A lapsed mark can be removed, then restored within the time limits.

Understand Effect of Registration, Duration and Renewal

A trade mark right starts with registration. Section 28 says that, if the registration is valid, the registered proprietor gets the exclusive right to use the mark for the goods or services it is registered for. The proprietor also gets relief for infringement as the Act provides. The right is subject to any conditions or limitations entered on the register. The words "if valid" matter: a registration that can be struck off gives no safe right.

Section 28(3) deals with two registered proprietors of identical or nearly resembling marks. Registration alone does not give either one exclusive rights against the other. Against everyone else, each has the same rights as a sole registered proprietor. Certification trade marks have a similar rule in Section 78: the exclusive right is subject to the conditions and limitations of the registration.

Registration is not permanent. Under Section 25(1) it lasts ten years, and it can be renewed again and again. Each renewal is for ten years from the expiry of the last registration. The Registrar must send the proprietor a notice before expiry, giving the date and the conditions for renewal.

If the proprietor does not renew, the Registrar may remove the mark from the register. There is a six-month grace window after expiry in which the proprietor can still renew by paying the fee plus a surcharge. After that, restoration is possible only in a later window and only if the Registrar is satisfied that it is just to do so.

Validity can also be attacked. If a defendant in an infringement suit says the plaintiff's registration is invalid, the issue is decided only through rectification of the register before the High Court (Sections 124 and 125). Section 141 lets the High Court give a certificate of validity that helps the proprietor on costs later.

Key rules to remember

Rights conferred by registration: Valid registration = exclusive right to use + right to sue for infringement; Section 28(1). Subject to conditions and limitations on the register (Section 28(2)).
Term of registration: Initial period = 10 years; each renewal = 10 years from expiry of last registration; Section 25(1) and (2). Renewal is on application by the registered proprietor with the prescribed fee.
Grace period for renewal: Renewal allowed within 6 months after expiry on fee + surcharge; Registrar shall not remove the mark; Proviso to Section 25(3).
Restoration window: After 6 months and within 1 year from expiry: restore and renew for 10 years, if satisfied it is just; Section 25(4). Applies where the mark was removed for non-payment of the prescribed fee. The Registrar may impose conditions or limitations.
Removed mark still blocks others: For 1 year after removal, deemed to be on the register for new applications; Section 26. Exceptions: no bona fide use in the 2 years before removal, or no likelihood of deception or confusion.
International registration: 10 years, renewable for 10 years; 6 months grace on surcharge; Section 36G.
Validity in infringement suits: Validity decided only on rectification application to the High Court; Section 125(1). Suit stayed if rectification is pending (Section 124(1)(i)). If none is pending and the plea is prima facie tenable, an issue is raised and the case adjourned for three months (Section 124(1)(ii)).

How to solve Effect of Registration, Duration and Renewal questions

Most questions on this topic are either a time-line problem (renewal, removal, restoration) or a rights/validity problem. Use the same pattern each time.

1Identify what is asked: rights of the proprietor, term and renewal, removal and restoration, or validity and rectification.
2State the rule with its section: Section 28 for rights, Section 25 for term, renewal and restoration, Section 26 for the effect of removal, Sections 124 and 125 for validity in suits.
3For a time-line problem, mark the expiry date of the last registration first. Count every period from that date.
4Apply the windows: up to six months after expiry, renewal on fee plus surcharge; after six months and within one year, restoration if just; after one year, no restoration under Section 25.
5For a validity problem, ask whether rectification is pending. If yes, the suit is stayed. If no, check whether the plea is prima facie tenable.
6Note that interim orders such as injunctions are still possible during a stay (Section 124(5)).
7Close with a clear conclusion that answers the facts, for example "the mark can be renewed with surcharge" or "restoration is no longer available".

Quickest way: Expiry-date timeline

When to use it: Use this when the question gives dates for expiry, renewal or removal.

Write the expiry date of the last registration at the centre of a line.
Mark the 6-month point and the 1-year point after it.
Before expiry or up to the 6-month point: renew (surcharge after expiry).
Between 6 months and 1 year: restoration, only if the Registrar thinks it just.
After 1 year: Section 25 gives no remedy. Add that under Section 26 the old mark may still block others for one year after removal.
Write the conclusion in one line with the section.

Common mistakes in Effect of Registration, Duration and Renewal

Saying registration lasts seven years or is permanent.
Students mix up the current Act with the older Act or with other IP laws that have different terms.
Fix: Remember ten years for a trade mark, renewable for ten years each time, with the section: Section 25.
Counting the renewal period from the date of the renewal application.
It seems natural to count from when the application is filed.
Fix: Renewal runs for ten years from the expiry of the last registration, even if the application is filed in the grace period.
Mixing up the grace period and the restoration window.
Both involve a late fee and a time limit after expiry.
Fix: Grace: within six months of expiry, the Registrar shall not remove the mark. Restoration: after six months and within one year, only if just, and the mark has already been removed.
Saying the Registrar decides validity when a defendant challenges the registration in an infringement suit.
Students recall that rectification is normally filed with the Registrar.
Fix: In this situation Section 125(1) requires the application to go to the High Court, not the Registrar.
Claiming a registered proprietor has absolute exclusive rights against another registered proprietor of a similar mark.
Students read Section 28(1) alone and forget "if valid" and sub-section (3).
Fix: State that registration alone does not give one such proprietor exclusive rights against the other. Each has the usual rights against third parties.
Forgetting that a removed mark still counts for one year.
Students think removal ends all protection at once.
Fix: Cite Section 26: for one year after removal for non-payment, it is deemed to be on the register for new applications, subject to the two exceptions.

Worked examples

Example 1

The registration of the trade mark "SwadeshiSpice" owned by Anand Foods Pvt. Ltd. expired on 31 March 2026. The company did not renew it and the Registrar has not yet removed it. On 15 August 2026 the company applies for renewal and pays the fee and the surcharge. Can the Registrar refuse?

Show the solution

Provision: under Section 25(2) the Registrar renews the mark for ten years from the expiry of the last registration. The proviso to Section 25(3) says the Registrar shall not remove the mark if the application in the prescribed form is made, and the fee and surcharge paid, within six months from expiry.
Facts: expiry was 31 March 2026. Six months from then ends on 30 September 2026. The application on 15 August 2026 is within this period and the fee and surcharge are paid.
Conclusion on result: the condition of the proviso is met.

Answer: The Registrar cannot remove the mark and must renew it for ten years from the expiry of the last registration, that is from 31 March 2026, under Section 25(2) and the proviso to Section 25(3).

Example 2

Ravi Textiles' registered trade mark was removed from the register for non-payment of the renewal fee. The last registration expired on 1 January 2026. On 10 September 2026 Ravi applies for restoration. Separately, on 20 February 2027 a competitor applies to register a similar mark. Discuss (a) whether Ravi can seek restoration and (b) the effect of the removed mark on the competitor's application.

Show the solution

Provision for (a): under Section 25(4), after six months and within one year from expiry, the Registrar on application in the prescribed form with the prescribed fee restores and renews the mark for ten years from expiry, if satisfied that it is just to do so. He may impose conditions or limitations.
Facts for (a): six months from 1 January 2026 ends on 1 July 2026. One year ends on 1 January 2027. The application on 10 September 2026 falls between these dates.
Conclusion for (a): Ravi is within the restoration window, but restoration depends on the Registrar being satisfied that it is just.
Provision for (b): Section 26 says a mark removed for failure to pay the renewal fee is deemed to be a mark already on the register, for the purpose of an application to register another mark, during one year after the date of removal. The exceptions are no bona fide trade use in the two years before removal, or no likelihood of deception or confusion.
Facts for (b): the competitor's application is on 20 February 2027. Whether this is within one year of removal depends on the removal date, which is not given. If it is within that year, the removed mark is treated as on the register, unless an exception is proved.

Answer: (a) Ravi can apply for restoration, as the application is in the period after six months and within one year from expiry, and the Registrar may restore if it is just. (b) If the competitor's application is within one year of the removal date, Section 26 treats Ravi's mark as still on the register, unless the Registrar or High Court is satisfied that there was no bona fide use in the preceding two years or that no confusion is likely.

Exam tips

Learn the timeline as numbers: 10 years, 6 months grace, 6 months to 1 year for restoration, 1 year under Section 26. Examiners often build short problems on these.
Always write the section number next to the rule. Sections 25, 26, 28, 124 and 125 are the key ones for this topic.
In validity questions, state that rectification goes to the High Court and mention the stay or the three-month adjournment under Section 124.
End every answer with a one-line conclusion tied to the facts. Do not stop at the rule.
Mention Section 28(2) and (3) in rights questions. These add depth that many answers miss.

Practice questions from Law relating to Trade Marks

Effect of Registration, Duration and Renewal: frequently asked questions

How long does a trade mark registration last in India?

Ten years under Section 25(1) of the Trade Marks Act, 1999. It can be renewed from time to time for ten years each. Each renewal runs from the expiry of the last registration.

What happens if I miss the renewal date?

The Registrar may remove the mark, but must not do so if you apply in the prescribed form and pay the fee and surcharge within six months of expiry. If the mark is removed, you can apply for restoration after six months and within one year of expiry.

Who decides if a trade mark registration is invalid during an infringement suit?

The High Court, on an application for rectification of the register. Section 125(1) says the issue is decided only on such an application, made to the High Court and not the Registrar.

Does registration give absolute rights?

No. Section 28 gives the exclusive right only if the registration is valid. It is also subject to conditions and limitations on the register. Between two registered proprietors of similar marks, registration alone does not give one exclusive rights against the other.