TRADEMARK REGISTRATION FEES IN INDIA

 

Trademark registration is an essential step for all businesses aiming to protect their unique identity, unlock growth opportunities, and prevent others from unauthorized use. It is crucial to have a comprehensive understanding of the fees associated with trademark registration in India to make an informed decision. This article provides an analysis of trademark registration fees, including different categories and stages of fees, along with common mistakes to avoid during the process.

 

WHAT IS TRADEMARK REGISTRATION

 

Trademarks play an important part and acts as a valuable asset for individuals and other business entities.

A trademark is a distinct symbol, logo, word, slogan, or combination of these that uniquely identifies and distinguishes one entity’s goods or services from others in the trade and market.

 

SIGNIFICANCE & BENEFITS OF TRADEMARK REGISTRATION

 

Trademarks provide the owner the exclusive right to use the trademark that is registered. It allows the owner to use, license or sell the trademark for commercial purpose. Brand identification can be protected only by trademark registration. Trademark registration also allow the owner to prevent unauthorized use and infringement by competitors. The safeguard guaranteed by trademark registration increases consumer trust and brand loyalty allowing business to establish a strong market presence. 

 

TRADEMARK REGISTRATION COST

 

Trademark registration is not cost free. Trademark registration Fee is applicable per class. The minimum fee for trademark registration is Rs 4500/-. Trade Registration fee is applicable for goods and services. The Government fee for Trademark Registration for individuals, start-ups, single firm, small entities (MSMEs), is Rs 5,000/- (offline), Rs 4500 (online), whereas trademark registration fee for partnership firm, LLP, company, is Rs 10,000/- (offline), Rs 9000 (online). Online application can be filed through the official portal and offline by submitting the needed documents physically or by post at the office.

 

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION ARE:

 

For Individual and Sole Proprietor

Brand name/logoDetails of goods/servicesPower of Attorney (TM-48), duly signed.Identity and address proof of the Individual/Proprietor 

For Partnership/LLP/Company

Brand name/logoDetails of goods/logoPower of Attorney (TM-48), duly signed.Partnership DeedIncorporation certificateUdyam Registration certificate in case of Small EnterpriseDPIIT Recognition in case of Start-up.Identity and address proof of the signatory 

TRADEMARK REGISTRATION GOVT.FEE STRUCTURE

 

TM Form

On what payable

Amount in INR

  

For Physical filing

For E-filing

TM-A

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

   

Where the applicant is an individual start-up/small enterprise/Single firm

5,000/-               

4,500/-

 

For others

10,000/-

9,000/-

 

(Note: Fee is for each class and for each mark)

 

VALIDITY OF TRADEMARK REGISTRATION

 

Trademark registration remains valid for 10 years from the application filing date. To continue using the trademark, it must be renewed every 10 years by paying the renewal fee. In India, the renewal fee for physical filing is Rs 10,000/-, while it is Rs 9,000/- for e-filing. Failure to pay the renewal fee within the prescribed time can result in the trademark registration being removed from the trademark register. Thus timely payment of renewal fee is crucial for maintaining the validity of the trademark registration.

 

TRADEMARK REGISTRATION RENEWAL GOVT.FEE STRUCTURE

 

TM Form

On what payable

Amount in INR

 

 

For Physical filing

For E-filing

TM-R

For renewal of registration of a trademark under single class

10,000/-

9,000/-

 

Application for renewal with surcharge of registration of a Trademarks under section 25 (3) for each class i.e. within 6 months of expiry

 

5,000/- + renewal fee = Rs 15,000/-

4,500/- + renewal fee = Rs 13,500/-

 

Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class i.e. within 6 to 12 months of expiry

 

10,000/- + renewal fee= Rs 20,000/-

9,000/- + renewal fee = Rs 18,000/-

 

CONCLUSION

 

A trademark is the valuable assets of your business. Unfortunately, many brands avoid trademark registration as they consider the process time consuming and complex. The actual fact is that the process requires to be followed with patience so as to avoid unwanted issues later on when you try to protect your brand or sell it to another company. Overall, early registration on a first to file basis is crucial for protecting intellectual property and promoting economic success in today’s competitive company environment.