As a business proprietor, you must protect your brand identity. A trademark is a recognisable symbol that identifies and differentiates your products or services from those of others. Protecting your trademark grants you exclusive rights and secures it from unauthorised usage.
In India, trademark infringement is specified under Section 29 of the Trademarks Act, 1999. It ensues when an unauthorised individual uses a trademark that is the same as or deceitfully comparable to a registered brand. It is essential to get your trademark registered to evade violations and protect it. Read this article to learn about the detailed process and trademark registration fees in India.
What Is the Trademark Registration Fees in India?
Trademark registration fees in India are determined by the Controller General of Patents, Designs, and Trademarks. The first step in the trademark registration process is applying. The cost of trademark registration depends on the business type. This cost covers the processing of the application, conducting searches, and issuing the registration certificate:
| Entity | Trademark registration fees (Physical filling) (INR) | Trademark registration fees (Online filling) (INR) |
| Proprietorship | 5,000 | 4,500 |
| MSME | 5,000 | 4,500 |
| Startups | 5,000 | 4,500 |
| Private Limited Company | 10,000 | 9,000 |
| Partnership Firm | 10,000 | 9,000 |
What Are the Trademark Registration Application Fees in India?
There are also fees for miscellaneous applications such as extensions of time, certified copies, amendments to trademark applications, and others. The fee varies depending on the type of application.
| TM Form | Physical Filing (INR) | Online Filing (INR) |
| TM-O: Notice of Opposition | 3,000 | 2,700 |
| TM-R: Renewal of Registration | 10,000 | 9,000 |
| TM-P: Assignment or Transfer for each trademark | 10,000 | 9,000 |
| TM-P: Changes in Applicant | 1,000 | 900 |
| TM-U: User Changes | 5,000 | 4,500 |
| TM-C: Search and issue of certificate | 10,000 | 9,000 |
| TM-M: Miscellaneous Application | 1000 | 900 |
| TM-G: Trademark Agent | 5,000 | 4,500 |
For a detailed breakdown of the application fees for registering a Trademark in India, visit the official website: Click Here
Eligibility for Trademark Registration
Understand these criteria to determine if your mark qualifies for registration. Here are important points to consider:
- Distinctiveness: Your mark must be distinctive and capable of distinguishing your goods or services from others in the market.
- Not Descriptive: The mark should not be a generic or merely descriptive term commonly used in your industry.
- Non-Deceptiveness: Your mark should not deceive or mislead consumers regarding the nature, quality, or origin of your goods or services.
- Not Similar to Existing Marks: Your mark should not be similar to any existing registered or pending trademarks.
- Not Offensive: The mark should not be offensive or contrary to public morality.
- Not Prohibited: Your mark should not include symbols or emblems prohibited by law.
- Use in Commerce: You must provide evidence of using the mark in commerce or demonstrate an intent to use the trademark in the future.
- Not Confusingly Similar: Your mark should not be confusingly similar to a mark that is already registered or pending.
What Are the Documents Required for Trademark Registration?
The essential documents required for Trademark registration are:
1. Applicant Details: Provide the name, address, and nationality of the applicant or business entity.
2. Proof of Address: Submit a copy of a valid address proof document, such as a utility bill or lease agreement.
3. Logo or Brand Image: Include a clear representation of your trademark, whether it is a logo, a wordmark, or a combination of both.
4. Description of Goods or Services: Specify the goods or services associated with your mark.
5. Power of Attorney: If you are appointing an attorney or representative to handle the registration process, a power of attorney document is required.
6. Priority Claim: If you have already registered the mark in another country, provide the details of the foreign registration.
7. Affidavit of Usage: If you are claiming prior usage of the mark, provide an affidavit stating the date of first use.
8. Proof of Trademark Use: Submit evidence of the mark’s usage in commerce, such as product labels, packaging, or promotional materials.
9. Authorization Letter: If someone other than the applicant is signing the application, an authorization letter is necessary.
10. Copy of Identity Proof: Include a copy of the applicant’s identity proof, such as a passport or driver’s licence.
11. Business Registration Proof: If the applicant is a business entity, provide proof of its registration, such as a certificate of incorporation.
12. Fee Payment Proof: Keep a copy of the fee payment receipt as proof of payment.
How To Register a Trademark in India?
Follow the steps provided below to register your trademark:
- Step 1: Trademark Search: Conduct a comprehensive search to ensure your mark is not already registered or pending.
- Step 2: Select the Appropriate Class: Determine the class or classes of goods or services your mark will cover.
- Step 3: Prepare the Application: Complete the trademark application form with accurate information and attach the necessary documents.
- Step 4: File the Application: Submit the application online or through traditional paper filing, along with the required filing fee.
- Step 5: Examination of the Application: The trademark office will examine your application for compliance with legal requirements and potential conflicts.
- Step 6: Publication of the Application: If no objections or oppositions are raised during the examination, your mark will be published in the trademark journal.
- Step 7: Opposition Period: During this period, any party can oppose the registration of your mark if they believe it conflicts with their rights.
- Step 8: Registration Certificate: If no oppositions are filed or successfully overcome, you will receive a registration certificate for your trademark.
- Step 9: Maintenance of the Registration: Ensure you meet all renewal and maintenance requirements to keep your trademark active.
- Step 10: Trademark Protection: Continuously monitor and enforce your trademark rights to prevent infringement and maintain their value.
FAQs on Trademark Registration Fees
Here are some commonly asked questions on Trademark Registration Fees in India:
What is the duration of trademark registration?
Trademark registration is valid for ten years from the date of application and can be renewed indefinitely.
Can I register a trademark internationally?
Yes, you can apply for international trademark protection through the Madrid Protocol or individual country applications.
What services and items are protected by my registered trademark?
Trademark registrations signify distinguishing goods or services. Product/service registrations are filed under a “Class” of products or services. As a result, registering a trademark covers each category of products or services.
What is the process for trademark classification?
Trademark categorization is based on the products and services you provide. If you are in the apparel industry, you must register a trademark under class 25, and if you are in the legal services industry, you must register a trademark under class 45. As a result, if you need to register a trademark, you must choose the most appropriate class.
What happens if my trademark application is rejected?
If your trademark application is rejected, you have the option to file an appeal or amend your application to address the examiner’s concerns.
Trademark registration fees are an investment in the business’s long-term success and protection. By registering a trademark, businesses gain exclusive rights, establish credibility, and protect their brand identity.
The costs associated with trademark registration vary depending on the type of entity and the professional services required. However, the benefits far outweigh the costs, as trademarks are valuable assets that can enhance a business’s market position and reputation.
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