Trademark Registration: What are the Fees?

Trademark Registration is important because it prevents others from misrepresenting other products with your mark and copying your mark. Trademarks are unique signs which are used to identify goods or services from a particular company such as the logo of a tick sign for Nike, etc.

A trademark is a word, logo, or symbol that identifies and differentiates goods or services from other enterprises. The rights of trademarks are protected under the Trademark Act, 1999. The Trademark Registration portal is an all-in-one online website in India for Intellectual property. The suppliers of goods and services can register their right to moral protection and interests.

What is the Procedure for Trademark Registration?

Trademark registration online India is carried out by the Controller General of Patents Designs and Trademarks (CGPDT), also known as the office of the Registrar of Trademarks in India under the Trademark Act, 1999. Trademark Registration online process is explained in the steps given as follows: -

1. Choosing a trademark - There is a total of 45 categories of trademarks, and you have to choose as per your business requirement.

2. Trademark Registration search – On the official website, you can find an option to do a public search. Then, you need to click on this option and you need to choose your class, and search the online database.

3. Application for filling IP India Trademark registration - To register through the Trademark Registration portal, you will need the following information:

• Name of the Applicant
• Identity and Address Proof documents,
• Business Registration documents with the specific class
• Soft copy of the logo

4. Trademark Examination process of the trademark application.

5. Trademark Publication in the Trademark Journals of India

6. Trademark opposition

7. Hearing of trademark opposition

8. Registration Certificate of Trademark is issued.

Every registered trademark has to be renewed after 10 years time period to ensure the protection of your brand.

What are the Steps to Check Trademark Registration?

The steps for the Trademark Registration check are given below:

1. Log in to the IP India Trademark Registration

2. Click on the trademark tab and then click on public search

3. There are three search criteria available –

• Wordmark
• Vienna code and
• Phonetic

4. Once the criteria are selected, the keyword field change

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 trademark registration.

How to Conduct a Free Trademark Search?

Numerous search engines provide free trademark name searches. You can find out whether there are any similar trademarks already in use by a third party or not. The search will help you in understanding the business domain of the user of third-party. The trademark availability search should be conducted on IP India Trademark Registration through other tools.

1. Identical trademark search is done to find phonetically similar trademarks or trademarks that exactly match visually.

2. Similar trademark search to find identical or similar marks.

3. Company Name Trademark Search to find out the business name rights potential of creating a conflict with the proposed trademark.

How to Check Trademark Registration Status?

Once you receive the confirmation of filling out the application you will get an allotment number. You can check the status of the Trademark application with this allotment number. Once the application is submitted, the status can be checked by following the steps given below:

1. Log on to the IP India Trademark Registration website

2. Select ‘Trademark Application/ Registered Mark’. After that, click on the ‘National IRDI number' displayed on the screen

3. You shall enter the Trademark Application Number with the captcha code shown on the screen then click on ‘view’

4. IP India's public search website will display the status of the trademark application.

There are different types of trademark status based on application.

What is the Trademark Registration Cost in India?

The trademark registration fees in India are given in separate two categories i.e., non-Individual and Individual, MSME categories. MSME trademark registration fees are reduced to 50% in comparison with other applicants. The registration is done on the IP India Trademark Registration portal.

The trademark registration fees for all non-individuals such as companies, and LLPs are Rs. 9000/- per application. Other than the government fees, the attorney fee for trademark registration depends on the attorney. This is a huge amount for small businesses like MSMEs, start-ups, sole-proprietor, and individuals, The government of India, pursuant to Trademark Rules, 2017 has reduced the fees by 50% to Rs. 4500/- per application.

MSME businesses operate on a smaller scale with limited resources and a marginal amount of capital. The MSME trademark registration shall be conducted on the IP India Trademark Registration website. As a result, the growth and expansion of business are restricted. The burden is increased due to legal and tax compliances.

What are the benefits of Trademark Registration?

Trademark registration has several advantages and benefits for the owner:

• Brand recognition –

Customers can identify the brand quality, features, performance, and much more through the registered trademark.

• Ease of differentiated product -

Trademark Registration is distinct to the goods and services they represent.

• Creation of an asset -

Trademark Registration creates a valuable asset for a company. Trademark is recognized as intangible asset for accounting and income tax purposes.

• Business valuation and goodwill-

IP India Trademark registration associated with products enhances your overall business value, goodwill, and net worth in the industry.

• Business expansion –

Trademark establishes the connection between the customers and the products of an enterprise.

• Legal protection –

Trademarks are classified as Intellectual property and therefore protected from Infringement.

What are the Important things to remember before Trademark registration?

The Trademark Act, of 1999 is the law regulated to trademarks and their registration. Trademark is the company’s valuable assets. The main things to know before Trademark registration:

1. A visual representation

2. An Intangible asset

3. Protection against Infringement and other legal protection

4. Trademark search

5. Selection of Trademark Class

6. IP India Trademark registration is voluntary

7. Validity – A registered trademark has a validity of 10 years and can be renewed again.

8. Trademark symbols

-An applicant can use Trademark (TM) and Service Mark (SM) when the trademark is not yet been registered.

-On the approval of the trademark application, the R symbol is used next to the trademark. It symbolizes that the trademark is officially registered.

-The C symbol represents the copyright that the owner has over some creative work. It is valid for a lifetime.

Closure Now....

Trademark registration has a validity of 10 years and it can be renewed again. It is important because it prevents others from misrepresenting other products with your mark and copying your mark. 

IP India Trademark registration is beneficial for trademarks with unique signs used to identify goods or services from a particular company such as the logo of a tick sign for Nike, etc. Trademark Registration fees for MSMEs have been reduced as compared to businesses of larger size and scale of operations.

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