Problems after trademark registration and how to fix them
A registration lasts ten years, and the problems that arise in that time are mostly administrative: renewals missed, owners and addresses changed without recording, or a mark that is not being used. Here is how to keep a registration alive and enforceable.
10 problems solvedFor brand owners, trademark attorneys and agentsLast reviewed: 5 October 2026
The registration has passed its ten-year expiry and was not renewed.
Why it happens
A registration is valid for ten years from the application date and must be renewed in Form TM-R.
Renewal can be filed up to one year before expiry. After expiry, there is a six-month grace period with a surcharge.
How to fix it
If no more than six months have passed since expiry, file TM-R with the renewal fee plus the surcharge.
If the mark has been removed, and no more than one year has passed since expiry, apply in TM-R for restoration and renewal. The Registrar restores it only if satisfied that it is just to do so, and may impose conditions.
If restoration is no longer possible, file a fresh application, and check for conflicting marks filed in the meantime.
Avoid it next time
Diary the renewal date and file in the year before expiry.
Ownership changed, but the register still shows the old owner
What you see
A business was sold, restructured or converted, and the register still shows the old proprietor.
Why it happens
An assignment must be recorded with the Registry. An unrecorded assignment is not admitted as evidence of title, unless the Registrar or court directs otherwise.
How to fix it
Execute a written assignment deed with the right stamp duty.
Apply to record the assignment in Form TM-P.
Record any change of name or address of the proprietor too.
Avoid it next time
Include trademark assignments in every business transfer or conversion checklist.
Packaging or the website shows ® although the mark is only applied for.
Why it happens
® may be used only for a registered trademark, for the goods or services it is registered for. Falsely representing a mark as registered is an offence.
How to fix it
Replace ® with ™ until the registration certificate is issued.
Use ® only for the registered classes once registered.
Avoid it next time
Check the registration status before printing packaging.
A franchisee, group company or manufacturer wants to use your brand.
Why it happens
Use by a licensee under the owner's control counts as use by the owner. Registration of the licensee as a "registered user" is optional.
How to fix it
Sign a written licence agreement that covers quality control, territory, duration and termination.
Optionally record the licensee as a registered user.
Avoid it next time
Never let others use the brand without a written licence. Uncontrolled use can weaken it.
Law: Sections 2(1)(r) and 48 to 54, Trade Marks Act 1999#
For brand owners
Protecting the trademark outside India
What you see
You plan to export or sell online abroad, and the Indian registration does not cover it.
Why it happens
Trademark rights are territorial. India is a member of the Madrid Protocol, so you can file one international application through the Indian Registry, based on your Indian application or registration.
How to fix it
File an international application under the Madrid Protocol through the Indian Trade Marks Registry, choosing the countries you need.
Or file directly in each country where Madrid does not suit.
Avoid it next time
File abroad before launching there, and within six months of the Indian filing if you want to claim priority.
Law: Chapter IVA (sections 36A to 36G), Trade Marks Act 1999#
Stuck on one of these right now? Send us the application number, the notice or a screenshot of the status. We will tell you the fix and the deadline, and file it for you if you want.
This library gives general guidance on the Trade Marks Act 1999 and Trade Marks Rules 2017 as they stood on the review date. Portals and rules change. Check the current form instructions, or ask a professional, before acting on a deadline or a notice. Related: Trademark FAQ · Trademark status guide · Trademark Renewal · Trademark Assignment Transfer
Last Note
If your brand could only get one thing right, make it the trademark.
That is what we help you decide. Then we search it, file it, defend it, and keep it renewed for the next ten years — from Ahmedabad, for all of Gujarat.