In India, trademark applications are not as complicated as many people think. Recently, trademark rights have become easier to obtain. In order to ensure that no other company is able to copy your logo, you must apply for trademark registration as soon as possible. Patenting your brand name or logo is straightforward. The TM symbol can be used within three days. Government and professional fees can be divided among the costs involved. In India, the former is fixed regardless of location, while the latter is determined by the person you hire. When it comes to trademark registration, paying too much to a professional may seem like a waste of time, but if you don't get the right advice, you might end up spending a lot more than you expected.
Trademark Registration Fees: After the Japanese drugmaker filed a petition seeking to add and sell SRL trademarks to its portfolio, the Delhi High Court, on 8 July 2020, ordered a status quo with regard to the SRL diagnostics trademark and prohibited any third-party rights from being created.
Azure Knowledge Corporation, an Ahmedabad-based IT firm sued Microsoft Corporation for allegedly violating its trademark. In its reply filed in March, Microsoft claimed that it was the prior user of the mark in the field of cloud services.
Understanding the Cost of Trademark Registration
Trademark registration can be an important investment in protecting a brand’s identity and long-term value. However, it is very important to understand the full scope of costs to make informed decisions. The cost of trademark registration depends on several factors, including jurisdiction, the number of classes selected, and any additional legal or optional services. The blog outlines a general overview of the said costs to help businesses and individuals understand government filing fees, legal fees, and optional services to avoid hidden expenses and secure effective protection for their brand.
Government Filing Fees for Trademark Registration
The real cost of trademark registration is in the government filing fees, which are required each time an application is filed.
| Applicant Type | Physical Filing Fee (per class) | E-Filing Fee (per class) |
| individuals, Startups, Small Enterprises | ₹5,000 | ₹4,500 |
| Other Entities | ₹10,000 | ₹9,000 |
Government filing fees vary by country and sometimes by the number of classes selected – a system that categorizes goods and services under different codes. Knowing the basic filing fees in your country, or in any additional markets where you want protection, helps you budget accurately from the start.
Single Class vs. Multi-Class Applications
| Aspect | Single Class Applications | Multi-Class Applications |
| Definition | Registration of a trademark under a single category (class). | Registration of a trademark under multiple categories (classes). |
| Examples of Classes | Clothing, software, beverages, etc. | Accessories, software and hardware, etc. |
| Filing Fee | Lower, as the fee applies to a single class only. | Higher, as the fee is charged for each additional class. |
| Applicability | Suitable if the brand operates in only one category. | Necessary if the brand spans multiple categories. |
| Cost Implication | More cost-effective. | More expensive |
| Purpose | Simplifies the application for focused businesses. | Ensures comprehensive protection across multiple categories. |
Country-Specific Filing Fees
Filing fees also vary by country, with some regions offering more affordable registration than others. Here’s an example of fees across several jurisdictions:
- United States (USPTO):The USPTO charges between ₹20,750 – ₹29,050 per class (per class, depending on how the application is filed. Indeed, the USPTO has a “TEAS Plus” option in which you receive lower fees for filing if you meet certain criteria in your filing.
- European Union (EUIPO): In the EU, one class costs about ₹76,500 for one class; additional ₹4,500 for a second class, with each class thereafter costing more.
- WIPO (Madrid Protocol): The Madrid Protocol has an international filing with a basic fee of about ₹59,423, plus extra for each country designated.
Businesses that might later decide to seek protection in multiple markets should comprehend these costs in advance.
Cost of a Digital Signature Certificate (DSC): Around ₹ 1400
The Trademark Registry charges ₹ 4000 per application. Now, how is the 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 ₹ 4000 for each.
Professional Fee: ₹ 2000 Onwards
Yes, you pay professional fees to register your trademark. You do this because it’s best for a professional to do the trademark search on your behalf. Intellectual property lawyers are well-versed in 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 – Cost of Trademark
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 ₹ 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 ₹ 8,000 to ₹ 10,000.
If you do a thorough search, to begin with, though, this is unlikely to happen, in which case it’s just ₹ 4000 in addition to what you decide to spend on professional fees.
Legal and Professional Fees for Trademark Registration
Many businesses wish to seek the services of a trademark lawyer or agent who can ensure the application process is smooth. Such legal representation is not required necessarily for the process of registration; however, the involvement of a professional reduces the possibilities of errors, office actions, or rejection which may be costly.
Trademark Attorney Fees
Different lawyers specializing in trademarks have varying costs according to experience and the services provided, including preparation of the application, search, and representation in case any litigation ensues. The average one is likely to incur for the attorney of the trademark is usually in the range of ₹41,500 – ₹166,000 for basic filings and, in the case of complex applications or opposition cases, is even higher. This is particularly the case when an application presents some issues or a brand works in a very competitive market that leads to opposition.
Trademark Agent Fees
Trademark agents are another professional option, often charging lower fees than attorneys. They assist with filing applications, conducting searches, and ensuring compliance with filing requirements. In some cases, trademark agents can handle routine registrations for between ₹24,900 – ₹83,000 , making them a more budget-friendly alternative. However, for intricate cases or contested applications, investing in a trademark attorney’s expertise might be worth the extra cost.
Costs of Trademark Search and Clearance
It is highly important to conduct a full trademark search before the filing of an application, verifying that the chosen trademark does not create any conflict with pre-existing marks. Preliminary searches will potentially save thousands of dollars from litigation or application rejections.
Professional Trademark Search Fees
Professional searches, on the other hand, cost between ₹8,300 – ₹41,500, depending on the level of detail required. There are some automated online tools available at lower costs, but these will naturally give less comprehensive results than the manual searches conducted by experts. Professional searches are ideal for brands with unique logos or names, as they can identify potential conflicts across similar names, designs, and classes.
Benefits of Comprehensive Searches
Although an upfront investment, a comprehensive search may save significant money over time. In case of opposition to your application by a conflicting mark, you could be facing rebranding or substantial legal fees to overcome the opposition. You will minimize potential conflict and avoid complications at later stages by conducting a proper search.
Costs of International Trademark Registration
International trademark registration can be well worth the investment for a business looking to expand abroad. Though filing in multiple countries increases costs, options such as the Madrid Protocol allow for centralized registration, which can simplify the process.
Madrid Protocol Filing Fees
The Madrid Protocol provides a simplified procedure of registering a trademark in several countries through a single application. The base fee, which is charged by WIPO, is about ₹59,423 with additional fees per country designated. This system is cost-effective for businesses seeking broad protection, although certain countries may charge extra fees based on their specific requirements.
Individual Country Registration Fees
Other ways include filing with the trademark office of each country separately. This option could be considered if a person intends to operate in just a few countries. The cost of filing differs for each different country, and though taking more time compared with the Madrid Protocol, this route allows for customized applications, sometimes handy in cases when one’s brand has very limited exposure to international borders. For example, in Canada, it costs about ₹20,460 per class, while in Japan, the fees range between ₹8,800 – ₹11,000 per class.
Renewal and Maintenance Fees for Trademarks
Trademarks, upon registration, require periodic renewals to keep the protection in force. Renewal fees vary across different jurisdictions, and failure to pay on time may cause a loss of protection. Such a situation may then need costly re-registration or even litigation.
Renewal Costs by Jurisdiction
The renewal frequency and fees differ by country. For example:
- United States: USPTO renewals are required every 10 years, at a rate of ₹24,900 per class, plus a maintenance fee somewhere between the 5th and 6th year after registration.
- European Union: Similarly, EU trademarks are also renewable every 10 years with fees of about ₹76,500 per class.
- Madrid Protocol: Trademarks registered under the Madrid Protocol get their renewals processed by WIPO for about ₹58,100 each 10-year period.
Consequences of Not Renewing a Trademark
If a trademark is not renewed, it is cancelled. Reapplication involves an increased fee and extra paperwork. The moment you lose your trademark, you equally lose the exclusive rights to use your brand name or logo. This makes it much easier for others to use similar marks and confuse your customers. Stay ahead with renewal requirements to avoid reapplication costs and long-term protection of your brand.
Conclusion
If you are planning on applying for a new trademark, you must set out your budget with a great deal of care before you begin the application process. If you do not have a digital signature certificate, then you will have to apply for a new one if you do not have one. Nevertheless, you have to be prepared at the same time to pay a specific sum of money to the service provider who will handle all the procedures involved in making an application for a trademark in your name.
FAQs Related to Understanding the Cost of Trademark Registration
The cost of registering a trademark can vary depending on the country, the number of classes, and whether you hire a lawyer or agent. Government filing fees typically range from ₹18,675 - ₹49,800 per class in most jurisdictions.
Hiring a trademark attorney is not mandatory, but it is recommended if your application is complex or you expect potential oppositions. Attorney fees can range from ₹41,500 - ₹166,000 or more, depending on the scope of work.
A professional trademark search can cost between ₹24,900 - ₹83,000, depending on the thoroughness of the search and the region in which the search is conducted.
Yes, you can register a trademark internationally through the Madrid Protocol or by filing in individual countries. The costs depend on the number of countries and classes, typically starting at around ₹83,000.
Renewal fees vary by jurisdiction but typically range from ₹16,600 - ₹41,500 per class. Trademarks usually need to be renewed every 10 years to maintain protection.
Yes, the cost increases with the number of classes under which you register the trademark. Each additional class usually incurs extra filing and examination fees, typically around ₹8,300 - ₹24,900 per class.
If you fail to renew your trademark on time, you may lose legal protection for your mark. You may have to reapply and pay additional fees, and in some cases, you could face legal challenges if someone else registers the mark in the interim. How much does it cost to register a trademark?
Is it necessary to hire a trademark attorney?
What is the cost of conducting a trademark search?
Can I register a trademark internationally, and how much does it cost?
What are the renewal fees for trademarks?
Are there additional costs for multi-class trademark applications?
What happens if I don’t renew my trademark on time?
