Trademark Renewal vs New Registration — Key Differences Explained
Trademark renewal is for extending an existing registration that is about to expire — you renew the same mark for another 10 years. A new trademark registration is for a completely new brand name or logo that has never been filed before. If your trademark has lapsed (expired and grace period passed), you must file a new application — renewal is no longer available.
A trademark in India lasts 10 years from the date of application. After that, it must be renewed to remain valid. But renewal is not the same as new registration — they are different processes with different eligibility criteria, costs, and timelines. Understanding which applies to your situation is important for maintaining uninterrupted brand protection.
Understanding Each Term
What is Trademark Renewal?
Trademark renewal is the process of extending a registered trademark's validity for another 10 years. It must be filed within 6 months before expiry, or within 6 months after expiry (with a surcharge) during the grace period. You renew the same registration — the mark, class, and ownership remain the same.
- CoversContinuing protection for an already-registered trademark
- AuthorityIP India
- ValidityExtends by 10 years per renewal; renewable indefinitely
- Cost₹9,000 per class (in time); ₹9,000 + surcharge if in grace period
- TimeImmediate upon filing; certificate issued within months
What is New Trademark Registration?
A new trademark registration is for a brand name, logo, or slogan that has not previously been registered (or has fully lapsed). It starts the entire process fresh — examination, publication, and registration. It creates a new registration with a new application date.
- CoversNew brand protection starting from the application date
- AuthorityIP India
- Validity10 years from application date, renewable
- CostFrom ₹1,499 (with professional help)
- TimeTM No. same day; full registration in 18–36 months
Trademark Renewal vs New Registration — Key Differences at a Glance
| Aspect | Trademark Renewal | New Trademark Registration |
|---|---|---|
| What it does | Extends existing registration by 10 years | Creates new trademark protection from scratch |
| When applicable | 6 months before / 6 months after expiry | Any time — for new marks or fully lapsed marks |
| Priority/seniority date | Preserved from original filing | New date — all prior seniority lost |
| Examination process | No re-examination of the mark | Full examination by Trademark Registry |
| Publication in journal | No re-publication needed | Yes — 4-month opposition window |
| Government fee | ₹9,000 per class (more if late) | ₹4,500–₹9,000 per class |
| Same TM number kept? | Yes | New TM application number assigned |
Do You Need Renewal or New Registration?
Identify where your trademark currently stands to choose the right action.
Renewal is always preferable to letting a trademark lapse and filing new — it preserves your original priority date, skips the examination process, and there is no risk of a third party filing a conflicting mark during the gap. Set a reminder 1 year before your trademark's 10-year anniversary and begin the renewal process. If your trademark has lapsed, file a new application immediately before a competitor registers your brand name.
Still Not Sure Which Registration You Need?
Our IP experts will assess your business and tell you exactly what to file — trademark, MSME, IEC, or ISO. Free consultation, 100% online.
- Free eligibility check
- Filing from ₹1,499
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Frequently Asked Questions — Trademark Renewal vs New Registration
The expiry date is 10 years from the date of application (not the registration date). You can check your trademark's status and expiry date on the IP India trademark search portal (ipindiaonline.gov.in) by searching your trademark application number. IP India also sends renewal reminders to the registered address on file.
The grace period is 6 months after the expiry date. During this period, you can still renew your trademark by paying the regular renewal fee plus a surcharge. After the grace period ends, the trademark is removed from the register and renewal is no longer possible.
After the grace period, the trademark is officially removed from the register and restoration is not straightforward. You must file a fresh application for the same mark. However, if the mark was removed recently, you can petition the Trademark Registry for restoration under Section 25(4) — this is a special procedure and is not guaranteed.
The renewal fee is ₹9,000 per class (for companies) or ₹4,500 per class (for MSME/startups). A new registration costs the same in government fees but takes significantly longer (18–36 months for full registration vs immediate continuation through renewal). Renewal is faster, cheaper in terms of total cost, and preserves your priority date.
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