Trademark Registration Fees
When it comes to trademark registration fees in India, there are several essential things to keep in mind. The first is that the fee for filing a trademark application with the Indian Trademark Office (ITO) can vary depending on the type of trademark that you are filing for. Second, trademark registration requires renewal every ten years to continue protecting your brand. It is essential to consider these factors when choosing a brand name and to register your trademark to ensure you do not pay more than you need to. The registration fees vary depending on which class you apply for and what type of mark you want to register.
The Digital India initiative has impacted all sectors of the economy, including compliance. Submitting a digital trademark application is easier than ever. Say goodbye to the hassle of printing and accurately filling out the application, posting it, and waiting for it to reach. Everything is now resolved with the click of a button. Online E-filing has added the advantage of a 10% discount on trademark fees.
Furthermore, Trademark Rules, 2017, Rules 10 and 11, govern the trademark fees and forms for the purpose of trademark prosecution in India. Since its beginning, trademark application and prosecution in India have involved submitting different forms with the registrar by the trademark holder/agent/attorney. Forms must be accompanied by required fees and requisite documentation, as specified in the Acts and Rules, for the smooth and successful prosecution of trademark applications.
While getting your trademark registered seems like an excellent option to protect the goodwill of your business in the long run, many people are wary about the amount of money they would have to spend on the registration process.
Trademark Registration Cost
There are different fees that will be charged for marks, series of marks, and associated marks, and they will be charged for each class. The basic trademark registration fee is ONLY Rs.4500/- per class for individuals, single firms, startups, or small entities (MSMEs). At the same time, the trademark filing fee goes double to Rs.9000/- per class for other applicants. The other applicant can include a body corporate, Limited Liability Partnership (LLP), partnership firm, joint firm, joint applicant, Society, or Trust.
Therefore, the govt fee for applying would vary based on the number of classes you wish to protect.
While the total amount might seem a little high, the breakup of the trademark registration cost will rationalize the expenditure. Let us understand the steps involved, along with the trademark fees in getting your trademark registered in India.
1. Trademark selection
2. Classification of goods or services
3. Trademark search
4. Prepare and file a trademark application
5. Trademark examination
6. Opposition
7. Registration
8. Renewal
Registration Process & Fees
Selecting a trademark
It is one of the most challenging jobs for the trademark owner. This will become your brand, and changing it later won’t be simple. You settle on the best brand name for your company after holding multiple brainstorming sessions. Conducting a trademark search as soon as you have a brand name in mind is critical.
Classification of goods or services:
You need to protect your trademark in the right class(es) for the right goods or services you offer under your trademark. Before selecting which classes the trademark should be protected in, it’s essential that your service provider has a thorough understanding of your company profile. For example, your trademark will fall under different classes if you offer web app development services vs. having a software App to sell goods online.
Trademark Search:
Though it is popularly believed that the first step to registering a trademark is trademark filing, the first step, in reality, is the TM search.
This search will determine whether the name or logo of your company is similar to any other existing registered trademarks. The trademark agent or attorney will conduct this search with the Trademark office to see if any identical trademarks are already registered in that specific class.
Trademark search reveals the presence of similar or identical brands and helps a person choose a distinctive trademark. One can move on to the following step once it is determined to be unique. The charges for trademark search depends upon the brand name, logo, etc., selected by the client.
Cost for a trademark search: Attorney fee as per the company and no official fees in India.
Timeline: 1 day
Prepare and file a trademark application:
Based on the results of the search conducted, the trademark attorney will draft a trademark application, provided that your business name/logo is found to be unique. If someone already has the same or similar trademark, you need to change yours. Or if you are of the opinion that the trademark is rightfully yours and you have been using it for a long time, even before other-party trademark registration.
You can start using the symbol as soon as you file a trademark application form. This filing can be manual or online and must be filed with the jurisdictional trademark registry.
Fees for a trademark application: The government fee is Rs.4500 for individuals/startups/ Small Enterprises or Rs.9000 for a Large Entity per mark per class. The professional cost may vary as per the service provider.
Timeline: 1 to 2 days.
Trademark Examination & Response:
A trademark examiner conducts the trademark examination of the application for registration. The applicant should file a response and comply within one month from the date of such objections. Most of these objections can be avoided when the same is foreseen at the time of classification and trademark search by your service provider. This not only saves costs but a lot of time in the process of getting your trademark registered in India.
Costs for Response to Objection: No official fees, but the professional fee is applicable as per the company.
Examination timeline: 1 to 2 months from the date of filing your application.
Response timeline: within one month from the date of examination.
Opposition:
After successful contestation, the application will be published in the trademark journal, and trademark status can be viewed online.
Once the trademark has been published in the journal, the public has a right to file an opposition (if the registration will aggrieve them) within four months. The opposition proceeding may extend the registration timeline up to 4 years.
Cost for filing a notice of opposition and counterstatement: The official fee is Rs.2700/- per trademark per class, and the professional fee is as per the IP firm.
Registration:
Registration is granted in the absence of any opposition within four months from the date of advertisement. The registration is valid for a period of 10 years from the date of the application. You can start using the ® symbol on your trademark immediately.
Fees for registration certificate: No official fee for obtaining a digital trademark certificate from the trademark office. The certificate can be easily downloaded from E-register in India.
Timeline: Generally issued within a couple of months from the date of advertisement.
Renewal:
Once the trademark is registered in India, it has to be renewed every ten years upon paying the prescribed fee. Unless it is renewed, it will be removed from the Register of Trademarks.
Costs for a Trademark renewal: The govt fee is Rs.9000 per mark per class as official fees, and the professional fee is as per the service provider.
Key decisions to be taken before registering a Trademark
* Identify your trademark(s) unique to your business.
* Conduct a thorough public search for their availability.
* Identify the appropriate class for your trademarks.
* Make sure they are easily recognizable.
* Make sure you do not use surnames or other generic names as trademarks.
* Make sure the class in which you intend to register your trademarks is available.
Why should you consider registering a trademark for your company?
• Even the most prominent companies, such as Coca-Cola, Siemens, and Apple, use trademarks to protect their brands.
• The trademark would be a valuable asset for your company and contribute to the goodwill generated.
• With a registered trademark, you can prevent others from using your trademarked business name/logo concerning the goods •or services for which it is registered.
• With a registered trademark, you can prevent others from using your trademarked business name/logo about the goods or services it is registered for.
• It ensures that the origin of goods and services is known.
• It encourages additional purchases.
• It serves as a badge of loyalty and affiliation; and
• It may allow the consumer to create a lifestyle or fashion statement.
“While the actual trademark registration cost in India may vary slightly, depending on how many trademark classes you are filing your trademark under and whether it is a collective mark or not, on a cost-benefit analysis registering your brand has the advantage of protecting the goodwill of your business. A business takes a lot of effort and money to establish, and endowing your business with a registered trademark will go a long way in protecting it.”
The below table shows you the extensive fee schedule for all trademark process steps. Further, you can download the trademark fee details in the link.
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