Revamp Your Trademark Strategy & Fees Online Vs Offline Renewal in India

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Overview


The exclusive right to use registration for your brand's name, logo, or slogan is granted by trademark registration. However, it is only good in India for ten years. To keep your trademark protected legally and stop others from exploiting it, you must renew your registration of your brand. The process of prolonging your trademark's legal protection is called trademark renewal. Make sure the renewal procedure is done on time to prevent trademark infringement. This article walks you through offline and online trademark renewal procedures in India along with associated costs to streamline the process.

What is Renewal of Trademarks?


The act of renewing your registered trademark in India gives it an extra ten years of legal protection. The automatic ten-year expiration of trademarks upon registration of logo to makes this mandatory. You must submit a renewal application to the Trademark Registry prior to the expiration date in order to keep your brand registration legally protected.

Usually, the procedure is sending in a designated form (TM-R) together with the required payment. Either an offline or online trademark renewal process is available. The trademark act of 1999 includes provisions for trademark renewal in section 25. According to this, a trademark that has been registered in India may be renewed indefinitely as long as the renewal payments are paid; if not, the mark may be struck from the list of registered trademarks.

Renewal of a trademark with a surcharge


As per the provisions of Section 25(3) of the Act on Trademarks, a request for trademark renewal may be submitted in the prescribed form, along with the necessary fee and surcharge, no later than six months from the date of the last trademark registration expiration.

How Can You In India Renew Your Trademark Online?


In India, you may quickly complete the trademark renewal process online. The procedures for renewing your trademark using a trademark e-filing portal are as follows.

  1. Start the Application: Go to the "New Application" page on the Trademark e-filing portal. Select the appropriate form for trademark renewal, "File TM-R."
  2. Complete and Send in the Form: Make sure to carefully fill out every required field on your TM-R form online. Don't forget to upload the necessary files. Once everything is finished, start the request by clicking "Submit."
  3. Sign and Pay: A draft request will be generated by the system for your approval and signing. You will be taken to the payment area after signing. After making your selection, complete the online payment.
  4. Confirmation and Receipt: An acknowledgement slip including the details of your application will be sent to you following a successful payment. For future reference, you can also use a QR code to obtain a payment receipt.

How to Renewal Your Trademark Offline


The general procedures for offline trademark renewal in India are described here.

  1. Obtain the application form: Pay a personal visit to the Trademark Registry office. You may find out where to download Form TM-R, which is the application form specifically meant for trademark renewal.
  2. Get the application ready: Make sure you carefully fill out all the required fields on the TM-R form. As you have already indicated, gather the necessary documentation.
  3. Send in the application: Send in the finished TM-R form along with the required paperwork to the Trademark Registry. Make sure your application is acknowledged and receipted.
  4. Payment: The Trademark Registry may offer specific counters or ways to pay for the processing of renewal payments. Ask about the office's various payment methods.
  5. Verification: After evaluating your application, the Trademark Registration will notify you know the results. Your Trademark Registration Certificate will be renewed after it is authorized.

Benefits of Renewal Process for Online & Offline Trademarks


Online trademark renewal completion has the following benefits.

  1. Obtain the application form: Pay a personal visit to the Trademark Registry office. You may find out where to download Form TM-R, which is the application form specifically meant for trademark renewal.
  2. Get the application ready: Make sure you carefully fill out all the required fields on the TM-R form. As you have already indicated, gather the necessary documentation.
  3. Send in the application: Send in the finished TM-R form along with the required paperwork to the Trademark Registry. Make sure your application is acknowledged and receipted.
  4. Payment: The Trademark Registry may offer specific counters or ways to pay for the processing of renewal payments. Ask about the office's various payment methods.
  5. Verification: After evaluating your application, the Trademark Registration will notify you know the results. Your Trademark Registration Certificate will be renewed after it is authorized.

The benefits of offline trademark renewal are listed below.

  1. Restricted Internet Access: You can complete the offline renewal procedure within person at a Trademark Registry if your internet access is inconsistent or limited.
  2. Problems with the online portal: Although rare, technical difficulties may stop online applications for a while. An alternative in this case would be offline renewal.

Online and Offline Fees for Trademark Renewal


The cost of renewing a trademark in India varies based on a variety of factors, such as the kind of trademark and its number of class it covers, both online and offline. For precise and current information on the relevant fees, speak with government agencies or legal experts.

Documents needed to renew a trademark


In India, whether you renew your trademark online or off, you'll need:

  1. A duplicate or certified copy of the initial trademark registration document .
  2. An original or certified copy of the TM-A form that was utilized for the initial logo registration.
  3. A duplicate of your photo ID from the government (passport, driver's license, etc.).
  4. Evidence of where you live, such as a utility bill or bank statement.
  5. A Power of Attorney, if you are represented by an authorized representative.

Which approach online or offline is preferable for trademark renewals in India?


There are both online and offline ways to renew a trademark, however online trademark renewal is usually seen as the preferable choice. Convenience is provided by the fact that you can finish the process quickly and from any location with internet access. Online systems frequently offer real-time application status tracking as well. Nonetheless, if you're more accustomed to manual procedures, have spotty internet connectivity, or find the online procedure for renewal bewildering and complicated, the offline approach might be appropriate.

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