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Being Human (Mr.)     26 March 2026

Registered trademark non-renewal issues

A registered trademark xyz was valid till Oct, 2023. It has not been renewed since then. In trademark registry it's showing status as registered with following alert message.

"Trade mark is likely to be removed due to non filing of Renewal request within prescribed time limit In case of any discripancy contact respective TM Registry."

In portal under notices it shows O3 notice issued in August 2023 asking to renew trademark before it's due date. There is no further notice or reminders showing in portal. These are some queries that I have in this regard.

1) What is the current status of trademark xyz?
2) Why registry still showing status as registered even after renewal date passed?
3) Can the above trademark be renewed now? If yes then what will be the process and charges?

Looking forward to your reply.



Quick Summary
Even though your trademark's status still shows as 'Registered', it's actually in a lapsed but restorable stage due to non-renewal. The registry system takes time to update removals, hence the warning message. You can still apply for restoration and renewal as long as it's within one year of the expiry date (October 2024 in your case). If this deadline passes, you'll need to file a fresh application, starting the process from scratch.

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     26 March 2026

Even though the portal shows Registered”, legally your trademark is in a “lapsed but restorable” stage,

The registry system will show registered because it does not immediately change status to “Removed”, ikt waits until a formal  removal process is completed and the entry is updated in the register, until then the status remains “Registered” with periodical warning/alert message.

Even though the deadline period is lapsed, you can still apply for Restoration  and Renewal.  The important deadline  is tghat the restoration allowed within 1 year from expiry.  Your expiry is  Oct 2023 and the restoration deadline: Oct 2024.  

If more than 1 year has passed since expiry the you cannot renew or restore the trademark anymore.  At this stage the registry will eventually mark it as “Removed”, your  rights are considered extinguished.

In the given situation you can either file a fresh trademark application. The same mark can be reapplied if no one else has taken it but you may have to start it from scratch. Alternately check if mark is still available. If no conflicting marks: then you can safely refile, if someone else applied you may need opposition/legal strategy.

 

Dr. J C Vashista (Advocate )     27 March 2026

Trademark is valid for 10 years and can be renewed for next 10 years. Even if you could / did not renew it within 6 months of expiry and Registrar has removed it, you can get it restored on payment of fine.

Shweta Bharti (--)     10 April 2026

Hello, Inquirer.

KRISHANTH SAM (SEO)     12 June 2026

Based on the information provided, the trademark has not yet been formally removed from the Register, which is why its status still appears as "Registered." However, the alert message indicates that the mark is liable to be removed due to the non-filing of the renewal application within the prescribed time limit.

1. What is the current status of the trademark?
The trademark continues to show as "Registered," but it is at risk of removal. Until the Registrar officially removes the mark and updates the register, the status may remain unchanged despite the expiry of the registration period.

2. Why is the status still showing as Registered?
The Trademark Registry often takes time to process removals. A trademark may continue to appear as "Registered" even after its renewal due date has passed. The warning message serves as an indication that the mark is pending removal unless appropriate action is taken.

3. Can the trademark still be renewed?
Yes, in many cases, a trademark can still be renewed after expiry by filing the prescribed renewal application along with the applicable surcharge and late fees. If the trademark has already been removed from the register, restoration and renewal may be required, subject to statutory timelines and the Registrar's approval.

Since each case depends on the current registry records and procedural timelines, it is advisable to verify the trademark status and renewal eligibility with a trademark professional before taking further action.

For expert assistance with Trademark Renewal, Restoration, and Trademark Compliance, you can consult Kanakkupillai's trademark experts: https://www.kanakkupillai.com/trademark-registration


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