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.
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Business owners should protect their ideas by registering a trademark, and living in a digital age, this process has become easier than ever. This has drastically reduced the cost of Trademark Registration as well. You can now say goodbye to the headache of printing the application, filling it out correctly and paying the required fees offline via cash or other means. Everything can now be resolved with the press of a button.
Cost of Registering a Trademark in India
If someone is profoundly devoted to their business, they must understand the importance of protecting it as they have worked so hard to create it at all costs. If they do not do so, they must be aware of the vulnerabilities and challenges they would face.
For most business owners, trademark registration serves as brand insurance. If anything goes wrong, such as someone attempting to infringe on your business name or design, you must use your trademark registration leverage. This leverage will allow you to reap all of the benefits of trademark registration, including the ability to sue those copycats in court.
In India, the cost of trademark registration is divided into two categories: government fees and professional fees. The difference between these two is that government fees are the same across the country, whereas professional fees may vary depending on the individual. For the firm, the government fees for trademark registration are ₹9,000 per application per class. For an individual, the government charge for trademark registration is ₹4,500 per application per class.
Government Registration Fees:
There will be different costs for single marks, series of marks, and collective marks charged on per class basis. Fees for filing a single mark in a single class for an individual, a DPIIT registered startup, and a registered MSME, the government charge for trademark registration is ₹4,500 per class per application. For all other entities, the government fees for trademark registration are ₹9,000 per class per application. The fees for registering a collective mark is ₹10,000 per class per application.
The basic cost of registering a mark in a convention country is ₹10,000, with extra fees for registration in each subsequent class. Furthermore, for worldwide registration under the Madrid Protocol, the World Intellectual Property Rights Organization will charge separate costs for registering in each member country in which you wish to register.
Professional Fees:
Many applications are refused because they register pre-existent marks. As a result, it is usually best to contact a professional for the registration process. An intellectual property lawyer can be contacted for trademark registration, trademark database, or availability of different logos, as they will provide accurate advice on all legal aspects involved.
Legal Fees for the Opposition:
The opposition is related to the objection. The distinction between the two is that opposition comes from various third parties, whereas objection comes from the government. Various third parties or rivals level claims against businesses seeking registration for utilizing similar trademarks or symbols. There are also allegations that if the application is allowed, it will result in an infringement of intellectual property rights.
The legal fees for filing a notice of objection against a conflicting trademark application in one class are ₹2,700.
Legal Fees for the Objection:
The government will sometimes object to an application. The government’s objection is due to a variety of factors. It does not, however, mean a trademark rejection; rather, the trademark examiner seeks a sufficient justification for the trademark and its registrability. The cost is ultimately determined by the nature and type of the objection. However, the procedure of bringing objections requires much study and investigation. When making an objection reply, it is very important that you seek expert assistance.
Trademark Rectification:
In India, trademark rectification can be filed due to failure to observe a condition of the trademark already registered in the Registrar or a mistake in registering the trademark. The grounds for rectification of the Register are specified in Section 57 of the Trade Marks Act of 1999. An application for rectification or cancellation of a trademark can also be submitted based on the non-use of the trademark for a certain period following registration.
A rectification application for a registered trademark must be filed with the same Trade Marks Registry as the registration application was filed.
Trademark Registration
Section 18 of the Trademark Act of 1999 allows anybody to file a trademark application. For a clearer picture, it is necessary to follow the instructions stated in the section. Anyone filing a trademark must adequately and properly do extensive research. The name of the mark, the products and services, the class to which the goods and services belong, the period of use of the mark, and personal information such as name and permanent address must all be included in the application.
Apply for Trademark Registration in India
Why is that some business owners fail to appreciate the value of trademarks?
As previously said, many business owners are still uncertain that trademark registration has anything to offer their company’s identity. Don’t you wish to get rid of those that try to imitate your brand?
There are a few documents required by the Government of India for registering a trademark. The following documents, which must be authorized by the state where they were issued, must be submitted. As a result, it is extremely important to first classify the candidate. Candidates can be classified based on the:
Individual or Sole Proprietorship:
Anyone, whether they are Indian or a foreigner, can easily register a trademark in India. The documents that are required for registration in the name of a proprietorship are the same as those required for registering in the name of an individual. Check down the list below for a better understanding.
- 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):
A trademark registration fee starts from ₹4,500 to ₹9,000. Small businesses, startups, sole proprietorships, and individuals are eligible for the lower trademark fee of ₹4,500. For other entities, the government trademark registration fee is ₹9,000.
The applicant must submit the Udyam Registration Certificate to classify his entity as a small business. Udyam Registration is a single-page registration form that allows you to self-certify your entity’s establishment, bank details, promoter/Aadhar owner’s details, and other information as MSME. The filing of the Udyam Registration is free of cost. Similarly, the DPIIT Recognition Certificate needs to be submitted in case of Startups.
On the other side, there is a list of documents mentioned below for entrepreneurs to provide in the context of a partnership firm or a limited liability company (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
Others
Other applicants, including businesses who do not have Udyam Registration certificate must provide the following documents:
- TM 48 signed with a logo copy (Optional)
- Certificate of Incorporation or Partnership Deed
- Signatory Identity Proof
- Signatory’s Address Proof
A trademark is considered to be a sign or a logo that becomes the representation of a company’s products or services. Trademarks lose their value in the absence of registration, making infringement easier. Thus, it is extremely important to examine the uniqueness and authority of ideas to avoid any confusion.
Why are Trademarks Important?
Trademark registration in India allows big businesses to differentiate their products or services from those of others. It has been proven to be an intangible asset for the creator and safeguards the brand in the coming years.
- 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.
Trademarks can range from a single word to a logo, slogan, punchline, phrase, or design. It is necessary to safeguard a brand through trademark registration, especially in a market like India. As a result, having a trademark registration in India is necessary rather than forced.
Conclusion
A trademark protects a business’ brand and gives you the liberty that you need to prohibit someone from infringing the business trademark. This is how a trademark distinguishes one person’s goods and services from those of another, which also includes the shape of goods, the packaging, and a color combination. Furthermore, it is best to reap the benefits a firm or brand gets, the fees or cost of a trademark registration is quite little.
FAQs
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.
If you’re curious about the expenses associated with trademark registration in India, this blog post offers user-friendly explanations and insights.