Trademark Renewal in India: Online Vs Offline Options and Fees
Trademark Renewal in India: Online Vs Offline Options and Fees
Trademark registration provides exclusive rights over your brand name, logo, or slogan. But it is only valid for ten years in India. You need to renew your trademark registration to maintain legal protection and prevent others from using your trademark. Trademark renewal is a process of extending the legal rights of your trademark. Ensure the timely renewal process to avoid trademark infringement. This article simplifies the process by guiding you through online and offline renewal methods in India, with trademark renewal fees.
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Get Started!What is Trademark Renewal?
Trademark renewal in India is the process of extending the legal protection of your registered trademark for an additional ten years. This is necessary because trademarks automatically expire ten years after registration. To maintain the legal protection for your brand, you’ll need to file a renewal application with the Trademark Registry before the expiration date. The process typically involves submitting a specific form (TM-R) and the prescribed fee. It can be done either through trademark renewal online or offline.
Documents required for trademark renewal
To renew your trademark in India (online or offline), you’ll need:
- A certified copy (or duplicate) of the original trademark registration certificate.
- A certified copy (or original) of the TM-A form used during the initial registration.
- A copy of your government-issued photo ID (e.g., passport, driver’s license).
- Proof of your residence (e.g., utility bill, bank statement).
- A Power of Attorney (if authorised authority represents you).
How to Renew Your Trademark Online in India?
In India, you can complete the renewal of trademark online conveniently. The following are the steps to renew your trademark through the trademark e-filing portal.
- Initiate the Application: Visit the Trademark e-filing portal and select the “New Application” tab. Choose “File TM-R”, the specific form for trademark renewal.
- Fill and Submit the Form: Carefully complete all the mandatory fields in the online TM-R form. Remember to upload the required documents. Once everything is complete, click “Submit” to initiate the request.
- Sign and Make Payment: The system will generate a draft request for your review and signature. After signing, you’ll be directed to the payment section. Select the appropriate form and proceed with the online payment.
- Confirmation and Receipt: After the successful payment, you’ll receive an acknowledgement slip with your application details. You can also access a payment receipt with a QR code for future reference.
Note: It is advisable to file your renewal application at least six months before your trademark expires to avoid legal complications.
Advantages of Renewal of Trademark Online
The benefits of completing the trademark renewal online are as follows,
- Convenience and Time-Saving: The online portal allows you to initiate and complete the renewal process from anywhere with an internet connection, eliminating the need for physical visits to the Trademark Registry office.
- Simplified Process: The online system guides you through the application steps, making the process more user-friendly.
- Faster Processing: Online applications are often processed quicker by the Trademark Office than paper-based submissions.
- Transparency and Tracking: The online portal allows you to track the progress of your application in real time.
Also read: How can you maintain trademark after filing
Offline Procedure to Renew Your Trademark
The following details the general steps to renew your trademark offline in India,
- Obtain the Application Form: Visit the Trademark Registry office in person. You can inquire about obtaining Form TM-R, the designated application form for trademark renewal.
- Prepare the Application: Fill out the TM-R form meticulously, ensuring all mandatory fields are completed. Gather the required documents, which we have already mentioned.
- Submit the Application: Submit the completed TM-R form and all the necessary documents in the Trademark Registry. Ensure you receive an acknowledgement receipt for your application.
- Payment: The Trademark Registry might have designated counters or methods for processing fees associated with the renewal. Inquire about the payment options available at the office.
- Confirmation: The Trademark Registry will review your application and notify you of the outcome. Once approved, you’ll receive a renewed Trademark Registration Certificate.
Advantages of Offline Trademark Renewal Process
Below, you can find the benefits of renewing the trademark online.
- Limited Internet Access: If you have limited or unreliable internet access, offline renewal allows you to complete the process in person at the Trademark Registry.
- Technical Issues: While uncommon, technical glitches with the online portal could temporarily prevent online applications. In such a scenario, offline renewal would be an alternative.
Trademark Renewal Fees – Online & Offline
Trade mark renewal fees in India, both online and offline, vary depending on several factors, including the type of trademark and the number of classes it covers. You can consult official sources or legal professionals to obtain accurate and up-to-date information on the applicable fees.
Common mistakes to avoid during the trademark renewal
When renewing your trademark, avoiding common mistakes is crucial to ensuring the right process and preventing trademark infringement. Here are some pitfalls to avoid:
- Missing Deadlines: One of the most frequent errors is overlooking the deadlines for renewal. In India, trademark renewal is required every ten years. Failure to meet this deadline could result in the cancellation of your trademark.
- Providing Inaccurate Information: Ensure that all the data submitted for renewal is accurate and truthful. Any inaccuracies or inconsistencies in your renewal application could lead to rejection or unnecessary delays.
- Lack of Usage Evidence: It’s essential to provide evidence demonstrating that your trademark is still actively used for the registered categories of products or services. Insufficient proof of usage could make the renewal process problematic and put your trademark at risk.
Which method is best for Trademark renewal in India?: Offline or Online
As we discussed, online and offline methods are available for trademark renewal, but renewal of trademark online is generally considered the better option. It offers convenience as you can complete the process from anywhere with internet access and saving time. Additionally, online platforms often provide real-time tracking of your application status. However, the offline method might be suitable if you’re more comfortable with manual processes, have limited internet access, or if the online renewal process seems complex and confusing.
Conclusion
In conclusion, renewing your trademark registration in India is essential to safeguard your brand’s legal protection. This article has explained the entire process, including online and offline filing methods and their respective trade mark renewal fees. While both trademark renewal methods work, online renewal is generally preferred for convenience, faster processing, and real-time tracking. Choose the method that suits your needs, but remember to file well before the expiry date to avoid complications.
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