Duration, renewal, removal and restoration of registration
Section 25 of the Trade Marks Act, 1999 deals with duration, renewal, removal and restoration of registration. 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 Act came into force on 15 Sep 2003.
(1) 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.
(2) 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).
(3) 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:
Provided that 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).
(4) 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.
Section 25, The Trade Marks Act, 1999 (Act 47 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Empee Distilleries Limited v. The Controller General of Patents, Designs and Trademarks
Court's Decision & Legal Precedent
Rejection of Form TM-R renewal for mark 1089908 Class 33 set aside following Jaisuryas Retail Ventures; registry directed to receive and process renewal (portal access or physical) within 30 days despite CIRP/certificate-delay context — Trade Marks Act s.25 renewal pathway kept open.
On this section: True
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Jitendra Goyal Trading As M/s. Anshul Products v. Registrar of Trade Marks
Court's Decision & Legal Precedent
Removal of registered trademark without mandatory pre-removal notice under Trade Marks Act s.25(3) and Rule 58 (Form RG-3/O-3) is unsustainable — removal quashed; Registrar may pass fresh order only after due s.25(3)/Rule 58 compliance and hearing; renewal application if filed to be decided in accordance with law.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 25
What have the courts held on Section 25 of the Trade Marks Act?
Empee Distilleries Limited v. The Controller General of Patents, Designs and Trademarks (24 Jul 2025) is the leading judgment on this section among those set out below: True. Another 1 judgment on this section is set out below.
How do I find court cases under Section 25 of the Trade Marks Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 25, section 25 Trade Marks Act, section 25 of the Trade Marks Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Empee Distilleries Limited v. The Controller General of Patents, Designs and Trademarks (24 Jul 2025).
What should I read with Section 25 of the Trade Marks Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 25 of the Trade Marks Act come into force?
Section 25 of the Trade Marks Act, cited as Trade Marks Act 25, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.