Different Company Fees for Trademark Registration

Fees for Trademark Registration in India are different for individuals, MSMEs, Startups, and Companies. When it comes to trademark registration fees, there are several essential things to keep in mind.

The first is you can apply for a trademark through online or offline mode. In today’s time, trademark registration fees have come down drastically.

All you need to do is find a consultancy that offers quality services at reasonable prices. The trademark registration fees through offline mode will cost you more and the attorney might be not experienced.

In contrast, trademark registration through online mode might be less because these attorneys file a lot of trademarks, so they are more experienced.

Components of Fees for Trademark Registration

The fees for registration of trademark are divided into two parts:

1. Government fees

2. Professional fees/Attorney fees

The difference between government and professional fees is that government costs are uniform throughout India, whereas professional rates vary depending on the individual.

The fees also depend on marks, series of marks, and combine marks. Also, they must pay for each class of mark separately.

The application for a trademark is rejected because of already registered marks. Therefore, it is preferable to consult a professional to handle the registration process.

The intellectual property lawyer can provide competent advice on all legal concerns. Involving trademark registration, classification of trademarks, or the availability of different symbol/logo.

Govt Fees for Trademark Registration

 Government fees for trademark registration for all corporate entities are Rs. 9000/- per application per class. This is a huge amount for small businesses like MSMEs, start-ups, sole-proprietor, and individuals.

To financially assist such businesses, and reduce their cost of compliance, the government, in pursuance to Trademark Rules, 2017 has reduced the fees for registration of trademarks by 50% compared to businesses of larger size to Rs. 4500/- per application.

The condition to apply for trademark registration and availing of 50% concession, it must possess an MSME/Start-ups registration certificate. These are E-filing fees; you must pay Rs. 500 more for physical filing.

Attorney Fees for Trademark Registration

The fees for registration of trademark in India are reasonable. The fees vary based on the trademark class, the experience of the trademark attorney, and per variety and types of services required by the clients.

A Trademark attorney is a legal person who can handle all issues coming out of trademark registration. In India, the Trademark and Patent registration act, of 2008 define all rules and regulations and responsibilities of a trademark attorney in trademark registration.

It is recommended to follow the services of an Intellectual property lawyer as they bring you the best credential services ranging from trademark search and trademark infringement litigation.

How to Register a Trademark?

The Trademark Registration in India Process is discussed below:

Step 1: Select Your Unique Brand Name

The selection of a trademark is a very crucial step for a business. The fees for trademark registration depend on the applicant who is applying for the same.

Step 2: Trademark Search

There are 45 different classes of trademarks, you need to choose the right class for your trademark.

Step 3: Filling Out The Trademark Application

This application should be filled out along with the fees. A trademark application requires the following information

• Name of the trademark owner
• Name and address of the business
• Description of goods or services
• Classification of trademark
• Date of first use of the trademark
• Proof of trademark registration online fee

Step 4: Trademark Examination

The registrar will check whether there is any change is required due to the laws. The fees for trademark registration also depend on whether the trademark is an infringement of any rule.

Step 5: Publication Or Advertisement

Once your trademark has been examined it will be published by the Indian trademark journal. If there is no opposition to your brand name within 4 months, then your trademark is accepted.

Step 6: Expression of the opposition

According to Trademark Act, of 1999, a notice of opposition will halt the registration process. If the applicant wants to proceed with the registration, they must follow certain legal procedures.

Step 7: Trademark registration

After the completion of 3 months, the registrar will issue a trademark certificate. Now you will be able to use your brand name. You shall pay the fees for trademark registration at the time of application.

What Are the Documents Required for Trademark Registration?

Following are the basic details required while going for trademark registration:

• Applicant’s name
• Business Type
• Business objectives
• Brand/logo/slogan name
• Registration address

The documents required are:

• Signed Form-48
• Identity proof of signatory
• Address proof of signatory
• Business proof (depends upon the type of business)
• Udyog registration for MSME
• Registration under the Start-up India scheme for Start-ups

Important Note: Original papers are not required to be submitted as part of the trademark application procedure.

There is a category of applicants, and it is important to categorize the applicant first. So, let’s now discuss the different types of applicants with trademark registration fees in india along with the specific documents in each case for

• Individual
• MSMEs
• Start-ups
• Private limited company

Trademark Registration Fees for Individual

The Fees for Trademark Registration in India for individuals is Rs. 4500/- per application per class. There are different fees that will be charged for marks, series of the mark, and associated marks, they will be charged for each class.

The professional registration fees may vary depending upon the services provided by the attorney. The owner of the registered trademark enjoys exclusive rights over the trademark.

Document Required for Trademark Registration for Individual Company

The owner can use the same trademark for all the products falling under the class applied. You can start using the registered trademark immediately.

1. Logo (if any)

2. Aadhar card of Individual

3. Signed power of attorney

4. Signed user affidavit

Trademark Registration Fees for MSME

The Fees for Trademark Registration fees for MSME is reduced by 50% compared to businesses of the larger size of businesses. The government, in pursuance to Trademark Rules, 2017 has reduced the trademark registration fees to financially assist such businesses and reduce their cost of compliance.

Thus, registration fees for the trademark of MSME are Rs. 4500/- per application per class. The purpose of reducing is to free up small businesses from the added expenses of trademark registration.

Documents Required for Registration of Trademark For MSME

However, the MSMEs must possess an MSME registration certificate. The documents required for trademark registration for MSME are: -

1. Logo (if any)

2. Company master data

3. Signed power of attorney

4. Signed user affidavit

5. MSME Registration certificate

6. Board resolution for the appointment of authorized signatory.

Trademark Registration Fees for Startups

The Fees for Trademark Registration in India for Startups are reduced by 50% compared to businesses of the larger size of businesses. The government, in pursuance to Trademark Rules, 2017 has reduced the trademark registration fees to financially assist such businesses and reduce their cost of compliance.

Thus, registration fees for a trademark for Startup are Rs. 4500/- per application per class. The purpose of reducing is to free up small businesses from the added expenses of trademark registration.

Documents required for Registration of Trademark For StartUps

However, the Startups must be registered as Startups under Startup India Scheme, have been mentioned in the Notification issued by the DPIIT. The documents required for Startups for trademark registration are: -

1. Logo (if any)

2. Company master data

3. Signed power of attorney

4. Signed user affidavit

5. Registered under Startup India Scheme

6. Board resolution for the appointment of authorized signatory.

Trademark Registration Fees for Private Limited Company

The Fees for Trademark Registration in India for a Private Limited Company is Rs. 9000/- per application per class. The importance of trademark registration enables the business to distinguish themselves from their competitors easily. It gives legal protection to your trademark. It helps in building trust between a consumer and a brand and increases your brand value in the market.

Document Required for Registration of Trademark for Private Limited Company

Trademark registration is a valuable asset that can be sold, assigned, franchised, or commercially contracted to bring benefits to the firm or company. The documents required for Start-up for trademark registration are:

1. Logo (if any)

2. Company master data

3. Signed power of attorney

4. Signed user affidavit

5. Certificate of Incorporation

6. Board resolution for the appointment of authorized signatory.

To Wrap Now... 

A trademark is a distinctive sign capable of distinguishing the goods and services of one business from another. The Fees for Trademark Registration in India are described by the government and professionals.

We have discussed the trademark registration in India process cost documents benefits with respect to different types of business structures. There is a 10-year validity period that is given to a trademark registration from the date of application

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