Government Fees for Trademark Registration in India

Government Fees for Trademark Registration in India have been reduced for Individuals, MSMEs, and Start-up applicants as compared to corporate entities.

The government of India replaced the Trademark Rules, 2002 with the Trademark Rules, 2017 to streamline the process for the registration of a trademark. You can apply for a trademark online or offline mode.

The new rules facilitate the reduction of the number of trademark forms and simplify the filing process of trademarks while increasing the government fee for the filing of trademarks substantially for corporate businesses.

The registration of trademark fees through offline mode will cost you more and the attorney might be not experienced. In this article, we will be discussing the cost of a trademark, the search for a trademark and the process of registration of a trademark.

What are the Government Fees for Trademark Registration?

Registration Fees of Trademark for new registration of a trademark or collective mark or certification mark for a specification of goods and services included in one class has been increased to

• E-filling - Rs. 9000/- and
• Physical filing - Rs. 10000/-

A reduced fee has been prescribed for individuals, start-ups, sole-proprietor, and small enterprises.

• E-filling - Rs. 4500/- and
• Physical filing - Rs. 5000/-

What are MSME Trademark Registration Fees?

The Government of India pursuant to Trademark Rules, 2017 has reduced the Trademark Registration fees for MSMEs by 50% to Rs. 4500/- per application. MSMEs are required to have their Udyam registration certificate. The registration process is quick and easy that only requires fewer documents as mentioned below and government fees for trademark registration are also less. The documents required for MSME Registration of Trademark are as follows: -

1. Copy of Logo (if any)

2. Proof of registered business address

3. Udyam Registration certificate filled by the entrepreneur under the Micro small and medium development Act.

4. Certificate of Incorporation or partnership deed in case of an unregistered Partnership firm.

The MSME Registration cost of Trademark is reduced to lower the burden on small businesses.

What are the Steps to Check Trademark Registration Search?

The steps for the Trademark Registration check are as follows in the given steps:

1. Log in to the official website of Registration of Trademark in India

2. The government fees for trademark registration are reduced. The next step is to click on the trademark option and then click on the public search button

3. There are three search categories i.e., available –

• Wordmark
• Vienna code and
• Phonetic

4. When the category is selected, the keyword field is changed

5. After entering all the details, Click on the search button

6. The results will show either registered/objected/abandoned which will help to decide the registration of a trademark.

What is the Process for Registering on Trademark Registration Portal?

Trademark Registration Online India is conducted by visiting the Trademark Registrar website. IP India Trademark Registration is an online portal for the Registration of trademarks in India. The registration process trademark is given in the steps mentioned below and government fees for trademark registration:

Step 1: Choosing a mark –

You must select a distinct mark for representing the brand in the market. At present, there are 45 types of classes of goods and services under which trademarks can be registered.

Step 2:  Trademark Search –

Once you have selected a trademark, then you can conduct a public search of the same. You need to select a specific class as per your requirement on the online database.

Step 3: Filing Trademark Application–

To register on the official portal of registration, you will need to file Form TM-A with the following information:
- Business registration proof

- Identity and Address Proof documents,

- Soft copy of the logo

The applicant receives a receipt of acknowledgment of government fees for trademark registration on the official website to use your trademark symbol beside your logo.

Step 4: Examining the process of brand name registration in India -

Once the application is submitted, the Registrar of the trademark will check if the existing rules have been duly followed. There should not be any similarity between an existing trademark.

Step 5: Publication of Trademark –

Once the process of examination is completed, the registrar will publish your mark in the trademark journal of India. The public can raise any objection within three months from the date of publication. When there is no opposition, then the certificate will be issued.

Step 6: Trademark Opposition –

When trademark oppositions by third parties are made within three months, the government fees for trademark registration are paid at various stages. You need to submit a response for opposition within the time of two months.

Step 7: Trademarks Registration certificate –

A Trademark Certificate is given by the registrar when the trademark is approved. It is provided within 90 days from the date of application, provided there are no objections.

Important Things to Remember Before Applying for Registration

A trademark is a company’s most valuable asset. It is a manner of recognition and contributes towards building the image of the company in public. Here are some of the vital points to keep in mind before applying for registration of a trademark:

• A visual representation – Trademarks can be registered in many types such as Word marks, and service marks and government fees for trademark registration are paid to register each mark, logo, and symbol, the shape of goods, series marks, collective trademarks, certification marks, sound marks, etc.
• An Intangible asset – A trademark being an intellectual property brings various benefits to the company. When a trademark is registered, it can be traded, franchised, contracted and distributed.
• Trademark search – A search is carried out on the Registration Portal of Trademarks to check if a particular trademark already exists or not.
• Trademark class search – There is a total of 45 classes of a trademark that specifies the different goods and services.
• Voluntary registration – The registration of a trademark is done voluntarily. With registration, the owner gets an identity and ownership regarding the trademark registered. The government fees for trademark registration are charged at the time of submission of the application.

What are the Benefits to register a Trademark?

Registration of a Trademark has several advantages and benefits for the owner:

• Brand Recognition –

Customers can identify the quality, features, performance, of the brand and much more with help of the registered trademark.

• Ease of differentiated product -

Registration of Trademarks is distinct to the goods and services they represent.

• Creation of an asset -

Registration of a Trademark creates a valuable asset for a company. A trademark is recognized as an intangible asset for accounts and income tax purposes.

• Business Valuation and Goodwill -

The Trademark is associated with products that enhance your overall business value, with payment of government fees for trademark registration and goodwill with a net worth in the industry.

Closure Now…

A trademark is a unique mark capable of differentiating the goods and services of one company from another. There is a 10-year validity period that is given to trademark registration charges from the date of application. The cost of trademark registration in India for all corporate businesses is Rs. 9000/-. We have discussed the registration of trademarks in India process cost documents benefits with respect to different types of business structures.

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