Applying to trademark your brand name or logo is straightforward. Within three days, you’re ready to use the TM symbol. The costs involved can be divided between government and professional fees. The former is fixed no matter where in India you are, while the latter will depend on who you hire to get it done. Paying too much to a professional to register your trademark may seem like a waste of time, but if you don’t get the right guidance at the beginning, you may end up spending much more than you expected to.
Cost of a Digital Signature Certificate (DSC): Around Rs. 1400
The Trademark Registry charges Rs. 4000 per application. Now, how is application defined? Let’s say you’re registering the brand ‘Razr’ and its logo. If you’re doing so separately, these would be counted as two applications. If the brand name is contained within the logo and this is all you wish to register, it would be a single application. But you also need to pay by the number of categories you are registering the trademark in. So if you’re registering ‘Razr’ within more than one class (i.e. categories), you will pay Rs. 4000 for each.
Professional Fee: Rs. 2000 onwards
Yes, you pay professional fees to register your trademark. You do this because it’s best a professional does the trademark search on your behalf. Intellectual property lawyers are well-versed with the trademark database and would, therefore, be able to tell you whether or not the name or logo is available beyond question. This is important because if the government objects or another entity opposes your application, you will end up spending a lot more money.
If there’s an objection or opposition…
Legal Fees for Objection: A government can object to your application for a variety of reasons, but this usually happens because your name is the same as or too similar to an existing application or registration. Now, if this happens, the registrar doesn’t charge you, but you will need to pay a lawyer to get this removed. Lawyer fees will depend on the complexity of your case, but usually it’s no more than Rs. 5000.
Legal Fees for Opposition: This can be a lot more complicated. Simply put, an opposition is an objection by an entity other than the government. It usually means that a competitor or some other private entity believes your application compromises its rights. As this can could involve several meetings with the Registrar, it could end up costing you much more in legal fees. For the first affidavit itself, you may end up shelling out at least Rs. 8,000 to Rs. 10,000.
If you do a thorough search to begin with, though, this is unlikely to happen, in which case it’s just Rs. 4000 in addition to what you decide to spend in professional fees. register your trademark