Problems & solutions · After registration

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

Brand owners & professionals

Missed the trademark renewal date

What you see

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

  1. If no more than six months have passed since expiry, file TM-R with the renewal fee plus the surcharge.
  2. 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.
  3. 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.

Law: Section 25, Trade Marks Act 1999; Rules 57 to 60, Trade Marks Rules 2017 Trademark renewal process →Renewal service → #
Brand owners & professionals

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

  1. Execute a written assignment deed with the right stamp duty.
  2. Apply to record the assignment in Form TM-P.
  3. 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.

Law: Sections 37, 38 and 45, Trade Marks Act 1999; Rule 75, Trade Marks Rules 2017 Trademark assignment process →Assignment service → #
For brand owners

Business address or contact details changed

What you see

Registry notices are going to an old address or e-mail.

Why it happens

  • The address for service on the register was not updated.

How to fix it

  1. File a request to record the change of address (Form TM-P) with supporting documents.
  2. Update the contact e-mail with the Registry or your agent.

Avoid it next time

Update the register whenever you move. Missed notices cause abandonments and lost oppositions.

Law: Rule 101, Trade Marks Rules 2017 #
For brand owners

Using ® before registration

What you see

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

  1. Replace ® with ™ until the registration certificate is issued.
  2. Use ® only for the registered classes once registered.

Avoid it next time

Check the registration status before printing packaging.

Law: Section 107, Trade Marks Act 1999 Trademark status guide → #
Brand owners & professionals

Someone filed for cancellation of our mark for non-use

What you see

A rectification application claims the mark has not been used.

Why it happens

  • A registered mark can be removed if there has been no genuine use for a continuous period of five years and three months, counted as the Act provides.

How to fix it

  1. Collect dated evidence of genuine use for the relevant period: invoices, advertising, packaging, online listings.
  2. File the counter-statement and evidence within the times set.
  3. Explain any special circumstances that prevented use.

Avoid it next time

Use the mark genuinely, and keep yearly evidence of use for every class.

Law: Sections 47 and 57, Trade Marks Act 1999 #
For brand owners

We changed the logo after registration

What you see

The logo in use now differs from the registered version.

Why it happens

  • Registration protects the mark as registered. Substantial changes may not be covered, and non-use of the registered form can weaken the registration.

How to fix it

  1. Minor changes that do not alter the identity of the mark may be filed as an alteration request.
  2. For a substantially new logo, file a fresh application, and keep the old registration if you still use it.

Avoid it next time

Register the word mark, which is unaffected by redesigns.

Law: Section 59, Trade Marks Act 1999 Logo trademark registration → #
For brand owners

Mark registered, but where is the registration certificate?

What you see

The status shows "Registered" but you have no certificate.

Why it happens

  • Registration certificates are issued electronically and can be downloaded from the IP India portal.

How to fix it

  1. Download the e-certificate from the IP India e-register or status page using the application number.
  2. Check the details on it: owner name, address, class and goods.
  3. If there is an error, file a request for correction.

Avoid it next time

Check the certificate as soon as it issues, while corrections are easy.

Law: Section 23, Trade Marks Act 1999 Trademark status guide → #
For brand owners

The registered owner has died

What you see

A sole proprietor or individual owner has died, and the family wants to keep the brand.

Why it happens

  • The trademark passes to the legal heirs by transmission, but the register must be updated.

How to fix it

  1. Collect the death certificate and succession documents (will, probate or legal heir certificate).
  2. Apply to record the transmission in Form TM-P.
  3. Keep renewing and using the mark.

Avoid it next time

For family businesses, consider owning the brand through a company or LLP.

Law: Sections 2(1)(zc) and 45, Trade Marks Act 1999 Assignment and transmission → #
Brand owners & professionals

Allowing another business to use our trademark

What you see

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

  1. Sign a written licence agreement that covers quality control, territory, duration and termination.
  2. 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

  1. File an international application under the Madrid Protocol through the Indian Trade Marks Registry, choosing the countries you need.
  2. 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.

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More problems and fixes

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.

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