Businesses in India, be it online or offline, have paved their way to success by building a strong brand recognition in the market using their unique proposition, ideas, and innovative products. However, after a strong brand is built, it needs to be protected against misuse and plagiarism by third parties, and trademark registration is the only way to do so! In this blog, we will discuss the cost of registering a trademark capable of representing your brand in the market, and what are the benefits of such registration.
Cost of Registering a Trademark in India
Government Registration Fees:
Legal Fees for the Opposition:
Legal Fees for the Objection:
Apply for Trademark Registration in India
Why is that some business owners fail to appreciate the value of trademarks?
Individual or Sole Proprietorship:
- TM-48 must be signed. This is the most important form that is required when an applicant’s attorney or trademark agent applies.
- Identity proof for an individual or a business entity (driving license, aadhar card. or passport)
- Proof of individual or proprietorship address
Private Limited; Partnership Firm; Limited Liability Partnership (LLP):
- TM-48 form signed
- Copy of logo (optional)
- Udyam Certificate, if MSME
- Incorporation or Partnership Deed Certificate
- Signatory Identity Proof
- Proof of Signatory’s Address
- GST Certificate
- TM 48 signed with a logo copy (Optional)
- Certificate of Incorporation or Partnership Deed
- Signatory Identity Proof
- Signatory’s Address Proof
Why are Trademarks Important?
- Many companies in the industry offer a wide range of goods and services. So, if you’re starting a new business, the first step is to distinguish yourself from the competition. As a result, trademarks are relevant here.
- Expanding in a global marketplace without a trademark is a dangerous initiative since someone in another nation may misuse your company’s logo. As a result, obtaining a trademark registration before establishing a business in a foreign nation secures and protects a corporation’s position while allowing it to develop its organization.
- Trademarks represent the goodwill or excellence of a product or service. Registering a trademark will promote and boost client confidence and visibility in the business. Furthermore, it adds to the formation of loyal and long-term clients who will continue to prefer the trademarked brand over others.
- It is an excellent communication tool for catching clients’ attention. When a firm has a trademark registration, customers are fast to identify its reputation. The brand has the most effect on a customer’s purchase choice.
- If a business owner believes that someone is using their trademark without the knowledge or in a misleading manner, the owner has the power to prohibit the individual from using the registered brand. Nobody, not even the rivals, can use trademarked logos.
Q1: Is Trademark Registration free in India?
No, trademark registration in India is not free. There are fees associated with the application, examination, and registration process. Additionally, if you hire a Trademark Attorney for these processes, you will have to bear his professional fees as well.
Q2: What is the Total fee for Trademark Registration?
The total fee for trademark registration in India depends on various factors, such as the number of classes, the type of applicant, and whether or not the process is outsourced to an Attorney. The fee structure can be found on the official website of the Intellectual Property India (IPI) or you can also consult a trademark agent for the purpose.
Q3: How much does it cost to search for a Trademark in India?
The cost of conducting a trademark search in India can vary depending on whether you choose to conduct the search independently or hire a trademark professional. If you conduct the search on your own using the IPI’s online database, it can be done at no additional cost. However, seeking assistance from a professional might incur a service fee.
Q4: What is the fee for Trademark Registration for MSME?
In India, the Government has provided concessions to registered MSMEs regarding the application fee for Trademark Filing. It is just Rs.4,500 per class per application.
Q5: Can I sell my Trademark?
Yes, trademarks can be sold or transferred to another party. This can be done through a legal process known as trademark assignment. The owner of the trademark can transfer their rights, either completely or partially, to another individual or entity. It’s important to consult legal professionals to ensure the proper documentation and legal formalities are followed when selling or transferring a trademark.