Trademark Registration Fees

With the Digital India initiative times influencing many sectors of economy, it has become very easy to file for a trademark in digital form. Individuals can say bye to all the hassles of printing the application and then filling it. Well, it is all solved with a click of a button. Let us know more about this and fully understand trademark registration fee.

What is a Trademark Registration?

A trademark refers to intellectual property that helps you distinguish your products and services from your competitors as a business owner. It also helps you keep your brand name and operational processes safeguarded against duplicity and infringement.

A trademark can be in the form of a sign, symbol, design, colour, expression, or even a combination. To apply this trademark to your goods and services, you need to get it registered with the government. Let’s find out below how a trademark can be registered and the trademark registration fees in India.

How to Get Trademark Registered in India? 

Although it is not mandatory to get your trademark registered, it is advisable to do so in the interest of your business. Moreover, it is quite a simple and easy process following which you can get your trademark registered and keep your brand’s reputation intact and safe from its illegitimate use.

You can follow the below-mentioned steps to get your trademark registered – 

Step 1: Search For Your Trademark in Registry Database

The first and foremost step is to go to the official website of the Trade Marks Registry and search its database of trademarks. This helps you find out if any businesses have a trademark similar to yours already registered. It helps you get a distinctive trademark for your business and saves you from any legal hassle which may crop up later due to the use of a similar trademark.

Step 2: Fill and Submit Trademark Application

After being ascertained that the trademark you wish to get registered is unique and does not have any similar counterparts, proceed with filing a registration application with the Registry. You can do this both online and offline. 

As soon as you complete the application, you receive an official receipt from the Registry for future reference.

Step 3: Trademark Examination

After submitting your trademark registration application, the Register will appoint an examiner who will inspect the details submitted by you for discrepancies. It can take up to 12-18 months to complete the trademark examination.

The examiner can either unconditionally accept, conditionally accept, or reject the application. If accepted unconditionally, the trademark straightaway gets published in the Trademark Journal; otherwise, if accepted conditionally, you need to fulfil the conditions laid down by the examiner. If the trademark application gets rejected, you can appeal against it by requesting a hearing.

Step 4: Publication

After a go-ahead from the examiner, the trademark gets published in the Trademark Journal to check if anyone has any objections on the same. If no objection is received against the published trademark even after 3-4 months, trade registration begins.

Step 5: Issuance of Registration Certificate 

After completing all the steps mentioned above, the Registry issues a Trademark Registration certificate to the applicant, which remains valid for ten years from the date of trademark application.

Components of Trademark Registration Fee

Now that we know the basics of trademark registration fees in India, let us look at its components.

Government Fee

• Rs. 4500 needs to be paid of you are a small enterprise or a sole proprietor.
• Rs. 4500 needs to be paid if you are a company/ partnership/ LLP with MSME registration.
• Rs. 9000 needs to be paid if you are a company/ partnership/ LLP without trademark registration fee

Trademark Processing Fees

• An amount Rs. 1500 and Rs. 5000 depending on the qualifications and experience of the attorney.

Trademark Registration Fees In India 2022

The following is the schedule of government fees for trademark registration applicable as per the type of entity making the application if you are applying online –

Type of Entity	Trademark Registration Fees in India for E-filing
Trademark registration fees for individuals	INR 4,500
Trademark registration fees for proprietorship firms	INR 4,500
Trademark registration fees for companies, partnership firms, and LLPs	INR 9,000, per class per application
Trademark registration fees for MSMEs	INR 4,500, per class per application

The following trademark registration govt fees is applicable if the application is being submitted offline – 

Type of Entity	Trademark Registration Fees in India for Offline Filing
Trademark registration fees for individuals	INR 5,000
Trademark registration fees for proprietorship firms	INR 5,000
Trademark registration fees for companies, partnership firms, and LLPs	INR 10,000, per class per application
Trademark registration fees for MSMEs	INR 5,000, per class per application

Trademark Registration Online Fee vs Offline Fee

The trademark registration fees in India has come down drastically. It is always a good idea to find a consultancy that offer quality services at affordable prices. But low trademark registration fees might mean that the attorney is inexperienced or under qualified. This may lead to trademark objections of a later stage. Therefore, it is vital to go for quality over affordability.

However, it does not necessarily mean that high price will lead to quality service. The offline attorneys may cost you a high trademark registration fee and offer low quality services. In contrast, the online fee maybe less but these attorney file a lot of trademarks. So, they are more experienced and can offer services at a low rate because of the large scale operation leverage achieved by them.

	Online	Offline
Trademark Registration Fee	Rs. 1500 to Rs. 2500	Rs. 2500 to Rs. 5000
Experience	High	Moderate

Documents Required For Trademark Registration Application

The following documents need to be submitted at the time of applying for trademark registration –

• ID proof of the applicant such as Aadhaar card, PAN card, Ration Card, etc.
• Address proof of the applicant such as Aadhaar Card, Utility bills, etc
• Certificate of incorporation of the company or partnership deed
• Address proof of the company, such as a GST certificate or an incorporation certificate
• A copy of the trademark 
• MSME registration certificate (if applicable).

Why is it Important to File for Trademark Registration?

Filing for trademark registration is important protect your brand and access the tools to prevent others from riding the back of your business. A trademark can help distinguish the goods and services of on person from another. It can provide an exclusive right to the owner and distinguish the product from other products. In India, it is crucial for a brand to stay safe and protected. Therefore, trademark registration in India is not just a necessity but a compulsion.

Benefits of Trademark Registrations

Here are some of the key benefits fo trademark registration:

• Protection of Brand: A trademark can let an individual establish ownership over name, brand, or logo. It can protect the brand from any unauthorized use from a third party. It also makes a brand unique.
• Valuable Asset: Having a registered trademark can prove to be a valuable asset. Morever, these assets keep appreciating with time. The trademake gets scaled up along with the growth of the business.
• Easy Tool to Communicate: Trademark speak for themselves. With a registered trademark, one can easily identify which brand your product belongs.
• Easy for Customers: A trademark let customers to easily find the product. It is a unique and effective tool that allows customers to easily reach your product.
• Trademark is Forever: A trademark once registered can lasts forever. It may require a renewal after every 10 years. However, the identity given to a brand remains forever.

Key Takeaways

• A trademark is a valuable asset for a business that provides exclusive rights to its brand name and operational processes to keep its products and services distinguished.
• A trademark can be in the form of a sign, symbol, colour, expression, graphic, design, or even a combination of some or all of these.
• The trademark registration govt fees depend on the type of entity making the application. For individuals, MSMEs, and sole proprietorships, it is INR 4,500, and for companies, partnerships, and LLPs, it is INR 9,000 if applied online.

Also Read: ESG Investing

Conclusion 

It is not a compulsion to get your trademark registered in India. However, doing so helps you maintain a unique proposition for your brand and business among your customers. And thus, one should get their trademark registered, even if it is an emerging business or a startup because you never know when it will become a big thing! 

So, if you have recently started a new business or have not yet got your trademark registered, wait no more! Get your trademark registration certificate as soon as possible and keep your business away from risks of fraud and infringement.

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Also read about Form 26AS on Investment Simplified.