Registration of a trademark provides your brand with legal protection, helping to distinguish it in a competitive world. Nevertheless, a trademark registered in India lasts ten years from the registration date, and it must be renewed to remain legally valid. Failure to renew it within the stipulated time will result in the loss of your exclusive rights. In this blog, we will guide you through the process of renewing your trademark online in India.
Importance of Renewal of Trademark in India
Trademark renewal means that your brand name, logo, slogan, or other intellectual property will remain under the protection of the law. In the absence of renewal, the trademark is exposed to misuse, infringement, and cancellation. Additionally, failing to renew your trademark on time may result in the Registrar of Trademarks deleting it from the official registry. It is therefore essential that it is renewed before its time expires so that you can preserve your exclusive rights.
An online trademark renewal form can be filed by the registered trademark owner or a form registered agent (trademark attorney or agent). The renewing process may or may not involve making amendments to the current trademark or user information. If you are applying with a legal representative, it is good to store your documents and authorisation letters in order.
In India, you are allowed to apply for trademark renewal within six months prior to the expiry date of the currently registered trademark. And in the event that you happen to miss this window, the law gives you an additional six months after that date of expiry, during which you are not yet required to submit a renewal with a penalty attached. In case you do not meet the grace period, there is a chance of the trademark being dropped from the register.
Online Trademark Renewal Process in India
Step 1: To renew a trademark online in India, you must first visit the official web portal of the Controller General of Patents, Designs, and Trademarks, located at https://ipindia.gov.in. Click on the “Trade Marks” tab, then select “E-filing of Trade Marks” to begin the process.
Step 2: Enter your login. In case you do not have an account, it can be created with the help of your email ID, mobile number, and password.
Step 3: Go to Form TM-R, which is the designated online form to renew a trademark. Include the necessary information such as the number of the registered trademark, the group of such goods/services, and the data of the applying person.
Step 4: Choose between renewal with modification and renewal without modification. Alterations like transfer of ownership or address should be backed by acceptable documents.
Step 5: Include required documents, which may entail the registration certificate, Power of Attorney (when there is one) and board resolution in the case of a company.
Step 6: Pay the renewal fee: 9000 per class (e-filing). There are also fees imposed in case of late renewal or changes.
Step 7: Fill the form in and print a receipt of acknowledgement. Keep the transaction ID traceable
Step 8: Using your registration number, you can track your application by using the tab called Trademark Application/ Registered Mark status.
With the approval, the Registrar then issues a renewal certificate, which gives you another 10 years of protection on your trademark.
Documents Required for Trademark Renewal
- Then, submit a copy of the certification of trademark registration, which shows the current status of the trademark.
- Thereafter, attach Form TM-R with the proper details, ensuring it is complete with accurate information.
- Subsequently, affix a Power of Attorney in case the application is done by the representative of an agent or attorney.
- Then the ID and address proof of the trademark owner or the authorised person are submitted.
- Next, submit support documentation in the event of a change to the original application information.
Cost of Trademark Renewal in India
The cost of trademark renewal online is also dependent on the mode in which the trademark is filed, as well as the trademark classes against which it is being filed. Online filing has a government fee of Rs. 9,000 per class. In the event of filing beyond the expiry date but within the grace period, additional late fees will be charged. The amount of professional fee paid to a trademark attorney can differ depending on the amount of work and the number of marks.
Benefits of Timely Trademark Renewal
- Subsequently, you maintain the exclusivity of your legal position regarding your brand, name, logo, or designs.
- You will then have no problems with infringement and brand deterioration.
- After that, you will continue to have coverage for the next 10 years.
- You then ensure that your brand remains an asset when it comes to the valuation of a business or franchise.
- Afterwards, you enhance your rights to take legal action in case of unauthorised use.
Conclusion
Renewal of a trademark is a crucial process in ensuring business survival and protecting a brand. It is a loss in the case of startups or established companies, as the failure to renew the trademark registration leads to a loss of brand identity. Having gone through the above process, renewing your trademark online in India is quite easy and hassle-free. Also, remember to always keep your registration dates in control and ensure your mark is renewed well before expiry, so as not to suffer interruptions to protection and the right of action.
FAQs
1. Will I have an opportunity to renew my trademark after it expires?
Yes, it is renewable within six months after expiry with a late penalty fee or apply for the restoration in the event that the six months lapses.
2. How is the validity of a renewed trademark in India?
After this, the trademark is renewed and the trademark becomes valid within the next 10 years starting on the precedent expiry date.
3. What is the process of renewal of a trademark online in India?
You will need to log in to the IP India portal, complete the TM-R form, pay the renewal fee, and upload the supporting documents.
4. What will happen when I fail to renew trademark?
The trademark is expelled from the register, and you no longer enjoy exclusive rights relating to it.
5. Does one need the services of a lawyer in the trademark renewal process?
No, because professional work will guarantee flawless filling and it saves time in case of an objection or any changes.
