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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.
TRADEMARK REGISTRATION
A trademark is defined under Section 2(zb) of the Trademark Act, 1999 as a mark capable of being graphically represented and distinguishing the goods and services of one business from those of another. It may include wordmark, logo, symbol, design marks, slogan marks, product packages, sound marks, colour, shape of goods, three dimension etc. Any individual, single firm, body incorporate, HUF, LLP, Partnership firm, Society, statutory body, trust etc. is allowed to own a trademark. They are administered by the Indian Trademark department which falls under the Ministry of Commerce & Industry.
BENEFITS OF TRADEMARK REGISTRATION
Owing a brand is not enough unless the same is registered as a trademark. It takes a lot of time, energy and hard work to build a brand but to get the maximum protection and reap its benefit the same is to be registered as a trademark. Trademark law guarantees all kinds of protection to a registered trademark from third parties. Apart from legal protection a registered trademark becomes a valuable asset, capable of being licensed, sold or used as collateral. It also enhances brand credibility, instilling confidence in consumers.
TRADEMARK REGISTRATION DOCUMENTS
For Individual and Sole Proprietor
- Brand name/logo
- Details of goods/services
- Power of Attorney (TM-48), duly signed.
- Identity and address proof of the Individual/Proprietor
For Partnership/LLP/Company
- Brand name/logo
- Details of goods/logo
- Power of Attorney (TM-48), duly signed.
- Partnership Deed
- Incorporation certificate
- Udyam Registration certificate in case of Small Enterprise
- DPIIT Recognition in case of Start-up.
- Identity and address proof of the signatory
TRADEMARK REGISTRATION FEES
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.
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 certificate is valid for 10 years at a time. 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. Make sure you renew your trademark registration before its expiry to continue the validity.
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
Trademark registration process is a crucial requirement for all business entity to protect its brand identity, goodwill and reputation in the market. It offers as a shield against potential infringement and unauthorized use by competitors. Unregistered trademark only enjoys common law rights while registering a trademark is a strategic investment in securing brand’s credibility and ownership in the competitive market.
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FAQs on Trademark Registration fees In India
₹5,000/- (offline), ₹4500 (online)
₹5,000/- (offline), ₹4500 (online)
₹5,000/- (offline), ₹4500 (online)
₹10,000/- (offline), ₹9000 (online)
₹10,000/- (offline), ₹9000 (online)
The fee is calculated based on the number of classes in which a trademark is to be filed.
MSMEs and start-ups can claim a reduction of 50% in the official filing fee of a trademark application in India.