Trademark Fees in India

 

Trademarks allow you to differentiate your products and services from those of your competitors, as well as identify you as the source. It's a name or symbol that a firm uses on its products that can't be lawfully used by another company. If a startup has a registered trademark, it can establish a positive reputation. People are more likely to work with and for a company that has a strong reputation. Here is a complete breakdown of Trademark Fees in India.

 

Overview of Trademark Registration

A trademark is a phrase, word, or symbol that identifies a certain product and legally distinguishes it from all other similar products. A trademark is a symbol that uniquely identifies a product as belonging to a specific firm and acknowledges that company's ownership of the brand. The trademark registration is valid for ten years and can be renewed every ten years.

 

Registration of Trademark Fees in India

The trademark fees in India varies depending on the type of applicant, according to the current government charge slab.

For individuals and HUFs, the fee is Rs.4500.

For registered startups under the Startup India Initiative and MSME, the fee is also Rs.4500.

For all other applicants, such as businesses, LLPs, and so on, the fee is Rs.9000.

 

What types of things can be trademarked?

• In business, a name includes the applicant's personal or surname, as well as the person's signature.
• Words: A word that isn't clearly descriptive of the goods/character services or quality.
• Numbers can be alphanumeric, letters, digits, or any combination of these. Take, for example, the 555 brands.
• Images include images, symbols, monograms, 3-dimensional shapes, and letters, among other things. Consider the tick in the Nike emblem.
• Sound: Marks in the form of audio files. Consider the sound in the commercial jingle.

 

Types of Trademark Registration

TM (™): The TM symbol indicates that a trademark or device mark has been filed with the appropriate authorities but has not yet been registered.

R (Ⓡ): The R symbol indicates that the trademark or device mark in question has been registered with the relevant authority.

SM (℠): The Service Mark symbol denotes that a service or device mark has been filed with the appropriate authorities but has not yet been registered.

 

The Advantages of a Trademark Registration

In the long run, trademark registration and trademark fees in India is critical for any firm. Some of the advantages of trademark registration are as follows:

Legal Protection: Trademark registration provides you with a legal advantage over someone who tries to copy your trademark.

Building Trust: Trademarks assist you in maintaining and increasing the value of your brand in the marketplace. It establishes a relationship of trust between the consumer and the brand. The face of the firm or the goods and services is created when a trademark is registered.

Intangible Asset: Registering a trademark in India produces an intangible asset. To benefit the firm or the individual proprietor, Registered TM can be sold, delegated, franchised, or commercially contracted.

Cost-Effective: Trademark registration is a fairly cost-effective process. Once you've registered your trademark, you won't have to worry about it for at least 10 years unless you decide to renew it.

 

Procedure for Registering a Trademark

Let's have a look at the entire trademark registration process:

 

Step 1: Conduct a Trademark Search

The trademark is classified into 45 groups based on the description of the goods and services. The Trademark class search tool allows anyone to find a suitable trademark class for their product or service. 

Therefore, investigate the availability and likelihood of trademark registration on the government database after the trademark class is confirmed.

 

Step 2: Apply for a trademark

You can register your trademark after confirming its availability and likelihood through Trademark Registry India. 

An application for a trademark can be filed both online and offline. The government is granting a 10% discount on the charge to promote the Digital India scheme. 

The following information should be included in the trademark registration application:

• The owner of the trademark 
• "Mark" that has been chosen to be registered.
• Goods and services list

 

Step 3: Report on the Examination

The Registrar examines a trademark application for any discrepancies after it is filed. This investigation could take up to 60 days. If the Registrar accepts the trademark unconditionally, conditionally, or objects to it, there are chances.

It will be published in the Trademark Journal if it is unconditionally accepted. If the registrar raises an objection, a valid trademark objection reply must be filed accompanied by pieces of evidence.

 

Step 4: Publish in a Journal

The fact that a trademark has been published in a journal does not imply that it has been registered. 

The publishing of a trademark in the Trademark Journal, on the other hand, gives the public a considerable opportunity to file a trademark objection, if necessary. 

If a trademark is challenged, the applicant is obliged to file a trademark opposition response along with supporting documents. 

If no opposition is filed within 60 days of publication, the trademark is eligible for registration.

 

Step 5: Obtaining Trademark Approval

The trademark will be registered by the Trademark Registrar once all of the preceding processes have been completed. After four months of publication in the Trademark Journal, the registration certificate is issued.

 

Trademark Application Status

It is usually a good idea to monitor the status of a trademark application after filing one for registration. While using Trademark Status Checker to track your trademark application, you may come across several Trademark Application Statuses. 

We'll go over some of the specifics of trademark application status here:

• Registered - If your trademark application says 'Registered, it signifies the application has been granted and the trademark has been assigned to the applicant.
• Abandoned - The status 'Abandoned' indicates that the applicant did not respond to the Registrar within the time and format specified.
• Marked for exam - If the status is 'Marked for exam,' it signifies the trademark application has been submitted and has progressed to the third phase of the procedure, which is to submit an examination report to the Registrar.
• Objected - The term 'Objected' indicates that the Registrar is seeking clarity on the trademark and has filed a Trademark Objection against it. A copy of the examination report will be emailed to you, along with a request for a timely response. Failure to do so may lead to Trademark Refusal.
• Refused - It states that the applicant's trademark application has been denied based on the Registrar's response to the applicant.
• Opposed - The status 'Opposed' indicates that a third party has objected to the trademark application after it has been published in the Trademark Journal.

 

Trademark Registration Eligibility

In India, who is eligible to register a trademark?

Trademark registrations are frequently used to protect unique brands, slogans, or invented terms. Individuals, corporations, and non-profit organisations can all apply for trademark registration in India. However, each class of person or entity has its own set of requirements and trademark fees in India when it comes to filing a trademark application. In India, the following items are eligible for trademark registration.

 

An individual 

A person who is not in the business of selling goods or services can file a trademark application and gain trademark registration for a symbol or word that the applicant intends to use in the future.

 

Joint proprietors

In the event that two people decide to file a trademark application, both of their names must be listed on the application.

 

Firms that are sole proprietorships

The entire name of the applicant must be given while filing a trademark application in India for a proprietorship firm. The proprietorship or the business name is not suitable.

 

Partnership

When filing a trademark application for a partnership firm, make sure to include the names of all of the partners. The name of the guardian who is representing the minor should be mentioned if the partnership firm has a juvenile in the partnership.

 

Partnerships with Limited Liability

The application for a Limited Liability Partnership should be made in the name of the LLP. An LLP is a legal entity in which each of the partners has its own identity. Because the trademark belongs to the LLP, the partners cannot be the applicant.

 

Indian Company 

When filing a trademark registration online application in the name of a Private Limited Company, a One Person Company, or a Public Limited Company, the application must be filed in the name of the company. They cannot be implemented by the Director because they are all separate established entities. The Director or any officer who has been approved by the officer can sign and submit it.

 

International Business

If a foreign incorporated entity applies for a trademark in India, the application must be filed under the corporate name, as it is registered in the foreign country. The type of registration, the country, and the statute should all be indicated here.