Understanding the cost of trademark registration is vital for businesses and entrepreneurs. Look into the factors influencing trademark registration expenses to make informed decisions for protecting your brand
Background of Trademark Registration in India
Established in 1940, the Trademark Registry paved the way for the Trademark Act, introduced in 1999. Today, it stands as the main execution body of the Act. Essentially, it operates in alignment with the Act, overseeing and implementing the stipulations and rules set by the Indian Trademark Act. Centrally located in Mumbai, the Trademark Registry also operates through its regional offices in Delhi, Ahmedabad, Chennai, and Kolkata. Any trademark, before being officially recognised, is first scrutinised under the 1999 Trademark Act. Following this, it proceeds for registration with the designated trademark registrar, who ensures its compliance with all requisite standards and criteria of the Act. Here you can learn about Trademark Registration Cost detailly!
Understanding the Trademark Registration Fees in India
Trademark registration is a pivotal step for businesses in India aiming to safeguard their brand. While this process comes with various expenses, comprehending the breakdown can help companies make informed decisions. This blog offers a comprehensive understanding of the associated costs and the process itself, apt for the Indian market.
Overview of Trademark Registration
Trademark registration in India is influenced by various factors, starting with the category of the trademark you are pursuing. Also, remember that every decade, there’s a requirement to renew the trademark, ensuring ongoing brand protection. The fee structure is impacted by the class of the application and the nature of the mark intended for registration.
The transformation ushered in by the Digital India movement also encompasses trademark registration. Digital applications have not only simplified the process but also offer financial incentives, such as a 10% fee reduction.
In India, the Trademark Rules of 2017 (specifically Rules 10 & 11) outline the fees and requisite forms for trademark prosecution. Traditionally, this process involved numerous forms, accompanied by the necessary fees and documents, submitted to the registrar by the applicant or their representative.
However, while trademark registration might appear as a significant expenditure, understanding the breakdown can offer clarity on the costs.
Detailed Cost Breakdown
1. Costs Based on the Type of Trademark
The fee structure is designed with different brackets. For single proprietors, startups, or small-scale industries (MSMEs), the fundamental cost is ₹4500 per class. This rate doubles, increasing to ₹9000 per class for larger entities like corporate bodies, LLPs, or societies.
2. The Registration Process & Associated Fees
Trademark Identification: After numerous deliberations, when you finalise a brand name, ensure its uniqueness through a trademark search.
Goods or Services Classification: It’s pivotal to register your trademark under the right class, based on the services or products you offer.
Trademark Preliminary Search: Before filing, ensure that your trademark doesn’t resemble any existing ones. This proactive measure can save future hassles and expenses.
Application Submission: Post the search, if your chosen name/logo is distinct, proceed with the application. On submission, you can use the ™ symbol.
Application fees are ₹4500 for smaller entities and ₹9000 for larger ones.
Examination & Addressing Concerns: Once filed, a trademark examiner assesses your application. Any concerns raised need addressing within a month. The foresight during the classification can save both time and costs.
Potential Opposition: If your application clears all hurdles, it will be published in the trademark journal. The public then has four months to raise any opposition. Successfully navigating this stage takes you closer to registration.
Final Registration: In the absence of opposition, your trademark gets registered. This ten-year registration allows you to use the ® symbol.
Renewal: Remember, after a decade, you need to renew your trademark, which costs ₹9000 per class.
Factors to Ponder Before Trademark Registration
- Understand your unique business trademarks.
- Ensure their uniqueness through a diligent search.
- Ascertain the right class for your trademark.
- Ensure easy recognisability.
- Refrain from using generic names or surnames.
- Confirm the availability of the desired class.
Why Opt for Trademark Registration?
Renowned global brands utilise trademarks for brand protection. Registering a trademark offers multiple benefits:
- Acts as a valuable asset, enhancing business goodwill.
- Prevents unauthorised use of your trademarked business name/logo.
- Assures product/service origin clarity.
- Boosts customer loyalty.
- Enhances brand reputation and recall.
Documents for Trademark Registration in India
Basic Details:
- Name of the Applicant:
The individual or entity seeking the trademark.
- Type of Business:
Whether it’s a sole proprietorship, partnership, LLP, corporation, etc.
- Nature of Business:
Specify the exact goods or services for which the trademark is sought.
- Brand/Logo/Slogan Name:
The exact mark you want to register.
- Registrant’s Mailing Address:
Ensure it includes the PIN CODE.
Supporting Documents:
- Form-48:
This is a Power of Attorney/Vakalatnama that must be duly signed.
- Identification Proof of the Signatory:
This can be a PAN card, Aadhar card, driving license, etc.
- Proof of Address of the Signatory:
Documents like a passport, bank statement, or utility bill can serve this purpose.
- Business Validation:
The exact documentation will depend on your business type. For instance, a partnership deed for partnerships or an incorporation certificate for corporations.
- MSME Registration Certificate/Udyog Aadhar:
This is optional but can be beneficial in certain situations.
Conclusion
Choosing Vakilsearch for your online trademark registration ensures a hassle-free and efficient experience. Our team conducts a detailed TM directory search, prepares all necessary documentation, offers expert guidance on trademark classes, and handles the entire application process with the Registrar. Furthermore, you’ll be kept in the loop with regular updates until your trademark is registered. With our unwavering support and expertise, you’re guaranteed peace of mind and timely results. Simply put, Vakilsearch is the clear choice for worry-less trademark registration.
FAQs on Trademark Registration Cost
How much does the government charge for trademark registration in India?
In India, the government's trademark registration fee varies based on the applicant and the type of application. For individuals, it's ₹4,500 per class, while for firms, it's ₹9,000 per class.
What's the overall expense of registering a trademark in India?
The complete trademark registration cost in India fluctuates based on the application type and process. Online services may charge around ₹12,000 per class, while lawyers might ask for over ₹60,000 for the same service.
How much do professionals charge for trademark registration services in India?
Lawyers or online services charge varied professional fees for trademark registration, depending on the provider and the intricacy of the process.
What are the primary steps in the trademark registration process?
Registering a trademark involves several steps: choosing a trademark, categorising the goods/services, conducting a trademark search, preparing and submitting the application, undergoing an examination, handling oppositions, official registration, and eventual renewal.
Is there an annual renewal fee for trademarks in India?
No, trademarks in India don't require annual renewals. The initial government fee provides a decade-long protection.
