Guide to Trademark Renewal Online in India

Trademark Renewal

In today’s world of competitiveness, for businesses brand’s identity is one of the most valuable assets. A registered trademark helps businesses protect their identity, but it will not last forever. It may need to be renewed! 

This is the comprehensive guide to all things regarding the Trademark Renewal Online in India. It will include why it is important, how you can renew it, and the documents you may require to keep your brand legally protected.

Why is Trademark Renewal important?

Renewing your trademark is essential because it maintains the legal rights you possess in your brand identity, in addition to thwarting others from utilizing the mark. Here are the main reasons trademark renewal is critical.

  • Preserves Legal Protection: Renewing your trademark ensures that your exclusive ownership rights remain in effect. If a trademark is not renewed, it could be removed from the registry and a competitor can apply to register and/or use an identical or similar mark.
  • Maintains Brand Identity: Your trademark is an extension of your brand reputation and goodwill. Trademark renewal protects a brand identity by stopping other market participants from diluting or misusing it.
  • Preserves Business Investment: Businesses spend a lot of time and money marketing and building a brand. Trademark renewal protects that monetary and emotional investment in a brand and ensures that you maintain value from the brand’s established equity.
  • Limits Legal Disputes: An active and renewed trademark gives you a strong legal basis if there is infringement or misuse. It mitigates unnecessary expense in a dispute, while making possession easier in enforcing your trademark.
  • Ensures Unbroken Market Presence: A trademark is valid in India (and most places) for 10 years. Renewing your trademark means you receive continuous market presence, which provides the business with the legal right to continue its market presence without any breaks.
  • Preserves Rights from Being Lost: If you do not renew your trademark on time, you cannot stop other parties from legally registering or using the brand name that you once enjoyed trademark rights in. Consequently, you may lose customer trust in your business or brand as other businesses may confuse potential customers and consumers.
  • Increases Your Business Credibility: Renewal of your trademark helps establish a more credible image with other businesses and consumers. Renewing your trademark indicates you are actively using it and are a legitimate business. This creates a stronger direct or indirect brand image in a more professional way that provides credibility that your business complies with the trademark rights of your territory.

Step-by-Step Guide to Online Trademark Renewal

Here’s the step-by-step process of trademark renewal online: 

Step 1: Access the Official IP India Portal:  

Visit the official IP India website at https://ipindia.gov.in, as this is the Government’s portal to renew a trademark online.

Step 2: Set Up an Account or Sign In

If you already have an account, log in using your credentials. If you do not sign up and enter basic information like your name, email, and contact information.

Step 3: Validate Your Trademark Information

Before renewing your trademark, you should verify your trademark number and validate your trademark information under the “Trademark Search” option. This will confirm that you are permitted to renew your trademark. 

Step 4: Choose the Correct Renewal Application

You will need to choose the TM-R application form that you will see on the portal. This is the form that will be submitted for the renewal of trademarks in India for another period of 10 years.  

Step 5: Complete the TM-R application

Enter correct information in the TM-R application, such as trademark number, class of goods or services, all applicant information, etc. It is important to make sure it all corresponds with your current registration.

Step 6: Pay the Renewal Application Fees

The renewal application fee is to be processed online. The current fee amount is ₹9,000 for renewing online e-filing or ₹10,000 class fee for physical filing.

Step 7: Now Submit the Application

You will now be ready to submit the renewal request application online after you have paid your fee. After submission, you will be able to receive back documentation on the submitted renewal application.

Step 8: Check the Progress of Your Application

You can check the progress by going to the site to check “Trademark Application Status” and entering the reference number you received in Step 6. 

Step 9: Trademark Office Review

The Trademark Office will review your application and validate the information in your application. If approved, the renewal is effective. 

Step 10: Trademark Renewal Permit Issued for 10 Additional Years 

Upon approval of the renewal and application, you will receive a trademark renewal permit, which serves as confirmation of your registration of your trademark for an additional 10 years.

Documents Required For The Trademark Renewal

The Following is the List of Documents Required for Trademark Renewal in India: 

  • Trademark Registration Certificate: This will show proof of a registered trademark.
  • Form TM-R: Complete renewal application form.
  • Power of Attorney (TM-48): If submitted through an agent or attorney.
  • Identity Proof of Applicant: Copy of PAN, Aadhaar or Passport.
  • Payment Receipt: This will show proof of the payment of the renewal fees.

Costs And Fees For Renewing A Trademark In India

Here’s a simplified table of typical fees for Trademark renewal in India:

DescriptionOnline (e-filing)Offline (physical)
On Time Renewal(Per class)~ ₹ 9,000~ ₹ 10,000
Late Renewal within 6 months after expiry (surcharge)₹ 4,500 (plus renewal fee)₹ 5,000 (plus renewal fee)
Restoration (after grace period, within 1 year)Renewal fee + ~ ₹ 9,000 surchargeRenewal fee + ~ ₹ 10,000 surcharge

How Udyamita Helpline Supports Trademark Renewal?

Keeping your trademark active is crucial to protect your brand and legal rights. Udyamita Helpline makes the trademark renewal process simple, efficient, and stress-free.

  • Timely Renewal Reminders: They let you know way in advance before your trademark is about to expire and keep you from having to pay a late fee or losing your trademark rights. 
  • Expert Filing: There is someone to assist you in making sure the Form TM-R is filed correctly with the least amount of errors and rejections. 
  • Accessible Document Preparation: They will assist you in collecting the necessary documents, like a registration certificate, proof of identity, and payment receipts, and ensure that they are submitted. 
  • Fees Management: They’ll make it easier for you to obtain the exact renewal fees and pay for your application online. 
  • Application Tracking: They’ll track your renewal process until the renewal certificate is issued. 
  • Expired Trademark Support: If your trademark has expired, it will help you to renew it late or to restore your trademark application in case it has lapsed.

Note: When you use the Udyamita Helpline service, trademark renewal becomes easier, quicker, hassle-free free and fully compliant; and gives you peace of mind one more time for the next 10 years.

Conclusion

If your brand has value, so does your trademark, and keeping that trademark protected means staying on top of the renewal process. It can be a straightforward process to renew your trademark online in India if initiated in a timely fashion; delays or errors regarding the trademark renewal are costly, or in the worst-case scenario, can jeopardize your reputation as a brand. Having a clear knowledge of the legal process, timelines, fees, and process (TM-R form and e-filing) will assist in reducing the hiccups and costs associated with the process. Knowledge is key in keeping your brand protected for exclusive rights and value. Treat your trademark registration as an asset that you will engage with on an ongoing basis, including the renewal process, adequacy tracking, and add your registration deadline to a compliance calendar with your business.

Can Anyone Renew A Trademark Or Does Only The Owner Do It?

Renewal must be done by the registered proprietor or an authorised agent (via POA).

Can I Make Changes To My Mark During Renewal?

Minor changes may be allowed; but substantial alterations may require a fresh application.

Is Proof Of Use Required For Renewal In India?

No mandatory proof of use is required for renewal in India, though continuous use is always advisable.

If I Miss The Renewal Window, Can I Still Revive My Mark?

Yes, within one year of expiry you can file for restoration (with higher fees) under Section 25(4).