Trademark Registration Fees in India

Trademark Registration Fees in India

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 registering 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

Trademark - Fee Structure

The filing Fee for Trademark Application and related process are as follows:


TM Form

Trademark Process

Physical Filing

Online Filing

TM-A:

Application for Registration of a Trademark

Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes.

 

 

TM-A

Where the applicant is an Individual / Startup / Small Enterprise

5,000

4,500

TM-A

In all other cases

Note: Fee is for  each  class and for each mark

10,000

9,000

TM-O:

Notice of Opposition

On a notice of opposition under section 21(1), 64, 66 or 73 or application for rectification of register under section 47 to 57, 68, 77 or application under rule 99, 103, 135,140 or On application under section 25 of Geographical Indication of Goods (Regulations and Protection) Act, 1999 to invalidate a trademark or counter statement related thereto.

(Note: Fee is for each class opposed or counterstatement filed)

3,000

2,700

TM-R:

Renewal of Registration

For renewal of registration of a trademark under section 25 for each class

10,000

9,000

TM-R

Application for renewal with surcharge of registration of a Trademarks under section 25 (3) for each class

5,000

Plus renewal fee applicable

4,500

Plus renewal fee  applicable

TM-R

Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class

10,000

Plus renewal fee  applicable

9,000

Plus renewal fee  applicable

TM-P:

Assignment or Transfer for each trademark

On application  under section 45 to register a subsequent proprietor in case of assignment or transfer for each trademark

10,000

9,000

TM-P

On application for:

Certificate of the Registrar under section 40 (2), or

For approval of the Registrar under section 41, or

Direction of the Registrar for advertisement of Assignment without goodwill under section 42, or

Add or alter a registered trademark under section 59 (1) for each trademark, or

Conversion of specification under Section 60 for each trademark.

3,000

2,700

TM-P

On application for:

Extension of time for applying for direction under section 42 for advertisement of assignment without goodwill, or

Extension of time for registering a company as subsequent proprietor of trademarks under section 46(4), or

Consent of Registrar to the assignment or transmission of a certification trademark under section 43, or

Change a name and / or description of a registered proprietor or a registered user of a trademark under section 58 for each trademark.

2,000

1,800

TM-P :

Changes in Applicant

On application for:

Dissolution of association between trademarks under section 16(5), or

Change in address or address for service in India of Registered Proprietors under section 58 for each trademark, or

Request for cancellation of an entry in the register or part thereof under section 58 for each trademark.

1,000

900

TM-U :

User Changes

 

Application  under section 49 to a registered user of a registered trademark in respect of goods or services

Or

On application under clause (a) of sub-section (1) of section 50 to vary the entry of a registered user of one trademark where the trademarks are covered by the same  registered user in respect of each of them

Or

On application under clause (b), (c) or (d) of sub-section (1) of section 50 for cancellation of entry of a registered user of one trademark

Or

On notice under rule 95 (2) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trademark

(Note: applicable fee is for  each mark)

5,000

4,500

TM-C : Search and issue of certificate

Request for search and issue of certificate under rule 22(1)

10,000

9,000

TM-C

Request for an expedited search and  issuance of certificate under rule 22 (3)

Not allowed

30,000

TM-M: Miscellaneous Application

On application for:

Extension of time, or

Certified copy, or Duplicate Registration Certificate, or

inspection of document, or

Particulars of advertisement to registrar, or

seeking grounds of decision of Registrar, or

Enter in the register and advertise a note of certificate of validity under rule 127,

Amendment in trademark application, or

Particulars of advertisement of a trademark to Registrar under rule 41.

1000

900

TM-M

On application for:

Deposition of regulation of collective trademark under section 66 or alteration of regulation of certification trademark under section 74 (2), or

Seeking Registrar preliminary advice, or

For division of an application.

2,000

1,800

TM-M

On application for:

Review of Registrar’s decision, or

Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding, or

Any other matters not covered in other TM forms.

3,000

2,700

TM-M

On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of the documents under proviso to rule 122

(Note: for entry in respect of  each registered trademark or for each document)

5,000

4,500

TM-M

On application under rule 34 for expedited process of an application for the registration of a trademark

 

 

TM-M

Where the applicant is an Individual / Startup / Small Enterprise

Not allowed

20,000

TM-M

In all other cases(Note: fee is for each class and for each mark)

Not allowed

40,000

TM-M

Request to include a trademark in the list of well- known trademark (Note: applicable fee is for one mark only.)

Not allowed

1,00,000

TM-G:

Trademark Agent

On application for registration of a person as a trademark agent under rule 147 & 149.

5,000

4,500

TM-G

For continuance of the name of a person in the Register of a trademark Agents under rule 150 for every Five year to be paid on or before 1st day of succeeding financial year.

10,000

9,000

TM-G

On application for restoration of the name of a person to the Register of trademarks agents under rule 153 within 3 years from the date of removal of registration.

5,000

Plus continuation fee as mentioned in entry number 20

4,500

Plus continuation fee as mentioned in entry number 20

TM-G

On application for an alteration of any entry in the Register of trademarks Agent under rule 154

1,000

900

TM-G

Handling fee for certification and transmission of international application to International Bureau with MM2(E)

Not allowed

5,000

 

 

 

 

 

 










👉 It takes days to plan a business.

👉 It takes weeks to register a business.

👉 It takes months to establish a business.

👉 But it takes years to make your business a brand. A Trademark brand.


So apply your Trademark Today with Team Taxaj in few Simple Steps. Owning a Trademark will prevent your competitor and any party on unsolicited use of your brand name. A Trademark can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry.



Created & Posted by Sony Garg

Accountant at TAXAJ


TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/BusinessTrademark & Brand RegistrationDigital MarketingE-Stamp Paper OnlineClosure of BusinessLegal ServicesPayroll Services, etc. For any further queries related to this or anything else visit TAXAJ

 

Watch all the Informational Videos here: YouTube Channel

 

TAXAJ Corporate Services LLP

Address: 1/11, 1st Floor, Sulahkul Vihar, Old Palam Road, Dwarka, Delhi-110078

Contact: 8961228919 ; 8802812345 | E-Mail: connect@taxaj.com


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