Simplified Online Process Announced for Trademark Renewals in India

Trademarks are the specific marks that are graphically represented, which help people easily recognise the company/person who has produced the goods or services. Trademark registration gives its owner the exclusive rights to use the brand name, logo, or punchline/slogan. However, this registration provides rights over a certain period (10 years) and requires renewal to maintain legal protection and prevent others from using the same mark.

Renewing a trademark in a timely manner can help prevent acts of trademark infringement. This article emphasizes the online trademark renewal process, along with some other key aspects associated with it.

Introduction to Trademark Renewal

Generally, a trademark registration is valid only for a period of 10 years. If the trademark holder  wants to continue his exclusive rights over his registered mark, name, or slogan for an additional period, he needs to undergo a trademark renewal process.  

Trademark renewal, as the name implies, is the process of continuing the legal protection and your exclusive rights over your registered trademark for an additional ten years. To enjoy exclusive  rights of use over your trademarked mark, you  are required to file a trademark renewal application with the Trademark Registry before  the expiration date.  

This process mainly involves submitting a form (TM-R) with the fee prescribed. Earlier, it was a tedious  and time-consuming process, but since the introduction of the online trademark renewal process, renewing your trademark is no longer tedious and less time-consuming.

Benefits of Trademark Renewal Online

There are numerous benefits of trademark renewal online that are described below;

1. Extended Rights over Mark

Renewing your trademark online helps you maintain your exclusive rights over your mark by preventing any infringement against it. By doing so, you can legally enforce and prove your rights of usage over your registered mark if any legal dispute related to its infringement takes place.  

2. Fully Convenience

The online process enables you to initiate and renew your trademark registration from anywhere without any location restriction, thereby requiring no in-person visit to the Trademark Registry office.      

3. User-Friendly Process

The online system of trademark renewal provides guidance at each step of the process, which makes the process more user-friendly.

4. Expedited Processing

The online application process is simpler and often processed quickly by the Trademark Registry Office than paper-based submissions.

5. Easy & Transparent Tracking

The online trademark renewal portal allows you to track the progress of your application accurately in real-time.

Documents Required for Trademark Renewal

The documents required for trademark renewal are as follows;  

• Copy of Trademark Registration Certificate

• Proof of Residence (e.g., Bank Statement, recent Utility Bills)

• Copy of Originally Filed Trademark Application Form (TM-A)

• Proof of Applicant's Identity and Address  

• Power of Attorney (in case an authorised Representative or Agent represents the applicant)    

• Duly Filled Trademark Renewal Application Form (TM-R)    

What is the Online Trademark Renewal Process in India?

Now, you can conveniently complete your process of trademark renewal online in India. The steps involved in the online trademark renewal process in India are as follows;

Step 1: Initiation of Application

The process begins with visiting the trademark e-filing portal, followed by clicking on 'New Application' tab. Then, choose the form specified for renewing your registered mark, that is 'File TM-R'.

Step 2: Complete & Submit the Form

Complete the form by filling in the said details in each field in the TM-R form. Also, upload the necessary documents. Cross-check each filled-in information and upon completion, click 'Submit' to initiate the request.

Step 3: Sign and Make Payment

After submission, a draft request for your review and signature will be generated. After signing, the system will automatically proceed to the payment section. Now, select the appropriate form and make an online payment.

Step 4: Confirmation Receipt 

Upon successful payment, you'll receive an acknowledgement slip with your complete application details.

It's always a conscious decision to file your online trademark renewal application at least six months before your trademark expiry date to keep legal consequences at bay.

Bottomline

In this age of digitization, choosing an online trademark renewal process is always a smart decision. It’s not only easy and convenient for the application but also for the Trademark Office, as they can easily process the application without being involved in a tangling paper-based method. However, seeking professional help from a skilled trademark attorney or legal professional is always advisable to avoid further legal repercussions.