The charges for trademark registration in India depend on the specific type of trademark and the number of classes it falls under. Government filing fees range from ₹ 4,500 to ₹ 9,000.
Introduction
Trademark registration is a vital step for protecting your brand identity and ensuring that your business assets remain exclusive. It provides you with legal rights to prevent others from using your trademark without your permission. However, like any legal process, trademark registration involves certain costs. In this blog, we’ll delve into the charges for trademark registration, helping you understand the fees involved and the factors that influence them.
Types of Trademark Registration
Before we dive into the fees, it’s essential to understand the different types of trademark registration, as the costs may vary based on your choice:
- Standard Character Mark: This covers trademarks in standard text format, without specific fonts, colors, or design elements. It’s the most common type of trademark registration.
- Special Form Mark: If your trademark includes a unique design, logo, or stylised text, you’ll need to apply for a special form mark. This type is often associated with additional fees due to the complexity of protecting such marks.
- Collective Mark: Collective marks are used by organisations, associations, or groups to identify goods or services provided by their members. The fees for collective marks may differ from standard character marks.
- Certification Mark: Certification marks are used to indicate that specific goods or services meet certain standards or criteria. The registration fees for certification marks may vary depending on the governing rules.
Now, let’s break down the costs associated with each of these types of trademark registrations.
Government Registration Fees – Charges for Trademark Registration
The fees for trademark registration differ based on the type of mark and the applicant’s classification. For individuals, DPIIT registered startups, and registered MSMEs, the government charges ₹4,500 per class per application for single marks. Other entities are required to pay ₹9,000 per class per application. Collective marks incur a fee of ₹10,000 per class per application.
Basic registration in a convention country starts at ₹10,000, with additional charges for each subsequent class. Global registration under the Madrid Protocol incurs separate costs set by the World Intellectual Property Rights Organisation for each member country.
Professional Fees:
To avoid registration issues due to pre-existing marks, seeking professional assistance is advisable. Intellectual property lawyers offer guidance on trademark registration, database searches, and logo availability, ensuring adherence to legal requirements.
Legal Fees for Opposition:
Opposition arises from third parties, while objections are government-initiated. Third parties or competitors may raise claims against similar trademarks. Filing a notice of objection against a conflicting application in one class costs ₹2,700.
Legal Fees for Objection:
Government objections stem from various reasons and don’t necessarily lead to rejection. The examiner seeks justification for registrability. Costs vary based on the objection’s nature and complexity, necessitating expert assistance for a proper objection reply.
Trademark Rectification:
Trademark rectification addresses non-compliance with registered trademarks or registration errors. Grounds for rectification are outlined in Section 57 of the Trade Marks Act of 1999. Applications for rectification due to non-use can also be filed.
Rectification applications must be submitted to the same Trade Marks Registry as the original registration application.
United States Patent and Trademark Office (USPTO)
In the United States, the United States Patent and Trademark Office (USPTO) is responsible for trademark registration. The fees for trademark registration with the USPTO depend on several factors:
A. Filing Basis: There are two primary filing bases for trademark applications:
– 1(a) – Use in Commerce: If you’re already using your trademark in commerce, you can file under this basis.
– 1(b) – Intent to Use: If you have a bona fide intent to use your trademark in the future, you can file under this basis.
B. Number of Classes: Trademark registration fees are based on the number of classes of goods or services you want to protect. Each class represents a different category of products or services. As of my last knowledge update in September 2021, the USPTO had a per-class fee structure. The more classes you want to register, the higher the cost.
C. Filing Type: The USPTO offers different filing options, such as TEAS (Trademark Electronic Application System) and TEAS Plus. TEAS Plus is a more economical option but has stricter requirements.
D. Timing: If you file your trademark application electronically, you may be eligible for reduced fees compared to paper filing.
E. Specimens and Additional Documents: Depending on your application, you may need to submit specimens or additional documents to prove your trademark’s use in commerce.
F. Maintenance and Renewal Fees: Once your trademark is registered, you’ll need to pay maintenance and renewal fees to keep it active.
International Trademark Registration
If you plan to protect your trademark in multiple countries, you can consider international trademark registration through the Madrid Protocol. The costs for international trademark registration vary depending on several factors:
- Member Countries: The Madrid Protocol allows you to designate specific member countries where you want your trademark to be protected. The cost depends on the number of countries you choose.
- WIPO Fees: The World Intellectual Property Organisation (WIPO) manages international trademark registrations. They charge fees for filing an international application.
- Designation Fees: Each designated country may have its own fees for processing the international registration.
- Renewal Fees: Like national trademarks, international trademarks require renewal fees to maintain protection.
Common Additional Costs
Apart from the basic registration fees, there are several common additional costs you may encounter during the trademark registration process:
- Attorney Fees: While it’s not mandatory to hire an attorney, many individuals and businesses choose to work with trademark attorneys to ensure the process goes smoothly. Attorney fees can vary widely based on their experience and the complexity of your case.
- Trademark Search: Before filing your application, it’s advisable to conduct a comprehensive trademark search to check for potential conflicts. Some services offer trademark search packages for a fee.
- Office Action Responses: If the USPTO or an international trademark office issues an office action requesting additional information or changes to your application, you may incur additional costs to respond effectively.
- Appeal Fees: If your trademark application is denied, you have the option to appeal the decision. Appealing comes with its own set of fees.
- Monitoring and Enforcement: After your trademark is registered, you’ll need to monitor its use and take legal action against potential infringers. These costs can add up over time.
Conclusion
Trademark registration is an essential step in protecting your brand’s identity and intellectual property. While the costs associated with trademark registration can vary based on factors like the type of trademark, the number of classes, and the jurisdiction, understanding these costs is crucial for budgeting and planning.
Before you embark on the trademark registration journey, it’s advisable to consult with a trademark attorney or seek guidance from the relevant trademark office to get a clear understanding of the current fee structure and any recent changes in regulations. For this, contact our attorney at Vakilsearch.
FAQs on Charges for Trademark Registration
What is the cost range for trademark registration in India?
The cost of trademark registration in India can vary, but it typically ranges from ₹4,500 for individuals, startups, and registered MSMEs to ₹9,000 for other entities per class per application.
Are there additional fees apart from the initial application cost?
Yes, there may be additional fees. These can include charges for trademark searches, responding to trademark office requests, renewals, and legal fees if you hire an attorney.
Can I get discounts or fee waivers for trademark registration in India?
Yes, some discounts and fee waivers are available for specific groups like small businesses and individuals with low incomes. Check with the Indian trademark office for details.
How does the number of classes affect the cost of trademark registration in India?
The more classes you want to register your trademark in, the higher the cost. You'll need to pay the application fee for each class of goods or services.
Can I register a trademark in India without legal help?
Yes, you can register a trademark in India on your own. However, many choose to work with trademark professionals or lawyers to navigate the process and ensure everything is done correctly.
