Trade Mark Registration Fees | Frequently Asked Questions
Goods and
services are both eligible for trademark registration
online and are divided into 45 Trademark Classes during the process. The
government charges Rs.9000 per application per class for trademark registration
from a company. However, the trade mark registration fees for individuals is
Rs.4500 per application per class.
Your
brand name or logo, which identifies your product or services, is referred to
as a trademark. It can be a single word, a single letter, a single number, a
single phrase, a single symbol, a single shape, or any combination of
these.
A
distinctive brand name or logo is used to set your product or service out from
the competition. You must register your brand name or logo in order to provide
legal protection. You can begin using TM after acquiring the TM Application
number.
Why should I file a trademark application?
Registering
a trademark has a number of business advantages, including
- To
gain exclusive rights to your brand, register it.
- Protect
your brand as you would the rest of your company's assets and possessions.
- It
will assist you in safeguarding your hard-won goodwill in the corporate
world.
- You
can prevent others from advertising the same brand in the same industry.
- It
will provide you with national trade protection.
What trademarks are not eligible for registration?
Any
trademark that is identical or deceptively similar to an existing registered
trademark or a trademark for which a registration application has been filed is
ineligible for registration.
Also,
trademarks that are likely to cause deceit or misunderstanding, as well as
trademarks that are objectionable, may not be registered.
Geographical
names, common names, popular trade phrases, and abbreviations are also
ineligible for trademark registration.
Is it possible to register a trademark before
registering a company?
Yes, a trademark
can be registered prior to starting a business.
How long does a trademark registration last?
From the
date of application, the registered trademark is valid for ten years. The
trademark can be extended indefinitely.
When can I use the R or TM symbols?
After
filing a trademark application, the symbol "TM" can be used. Only
after trademark registration should the letter "R" be used. Only the
items and services indicated on the registration certificate are allowed to use
the TM sign.
What are trade mark registration fees?
Trademark
registration fee components:
- If
you are a sole proprietor or a small business, the government fee is Rs.
4500.
- If
you're a partnership, corporation, or LLP with an MSME registration,
you'll pay Rs. 4500.
- If
you are a partnership, corporation, or LLP that does not have an MSME
registration, you will be charged Rs. 9000.
Fees for
trademark processing range from Rs. 1500 to Rs. 5000, depending on the
credentials and expertise of the attorney.
Online vs. Offline Trade Mark Registration Fees
The cost
of registering a trademark has dropped dramatically. However, you must locate a
firm that provides high-quality services at a fair cost. Because a low
trademark application price could indicate that your trademark attorney is new,
inexperienced, or underqualified.
It will
greatly raise the likelihood of trademark objections in the future. As a
result, it is critical that you select high-quality services over low-cost
alternatives.
However,
a high price does not always imply high quality service. For example, the cost
of trademark registration through an offline attorney will be higher, and he
may not be as experienced.
Will my trademark registration cover a wide range
of services and products?
Trademark
registrations make the goods or services they represent stand out. The
registrations are made under a "Class" of goods or services that it
represents and our product/service specific. As a result, the trademark
registration will cover the full class of goods or services it represents.
Is it necessary to use a digital signature to
complete trademark registration procedures?
Yes, the
authorities require applicants to use a Class III Digital Signature to validate
all of the papers they provide, including the trademark registration
application. Our professionals will assist you with e-verifying the documents.
Who is eligible to apply for a trademark? How does
a person or a company apply for a trademark?
A
trademark can be applied for by any individual, proprietor, or business. To
register a trademark, any firm or proprietor must submit an application to the
Indian Patent Office in writing in the authorised format.
The
trademark, the nature of the goods/services, the applicant's name and address,
and the length of use of the mark should all be included in the application.
The application must be written in either English or Hindi. It should be filed
in the proper location.
The
trademark application can be submitted in person at the respective office's
Front Office Counter or by mail. These can also be filed electronically through
the official website's e-filing portal.
What are the advantages of registering a trademark?
A
trademark registration gives a slew of business advantages, including the
following:
- By
registering your trademark, you gain exclusive rights to use it.
- Your
trademark, like any other asset or property of your organisation, can be
protected.
- A
trademark aids in the development of goodwill.
- It
establishes a brand identity for your company in the marketplace and makes
it easier for people to recognise it.
What types of trademarks are available for
registration in India?
Some
examples of trademarks that can be registered in India are as follows:
1. A
made-up word or a random dictionary word or words that aren't exactly
descriptive of the goods/quality. service's
2.
Letters, numbers, or any mix of the two are acceptable.
3.
Personalized monograms
4.
Symbols or devices
5. The
product's or packaging's shape.
6. Signs
in three dimensions.
7. Sound
markings that are graphically depicted.
8. One
colour or a combination of colours with a text, device, or symbol.
9. Any
name (including the applicant's or predecessor's in business's personal or
surname, or the person's signature) that is commonly used in trade as a mark.
Is a trademark registered in India valid outside of
India?
A
trademark registered in India may not be valid outside of India. As a result,
it provides no protection in any other country. To obtain a trademark in a
different country, you must file a separate application in each of these
countries. The Indian trade mark application can be used to apply for
registration in other countries. If international applications are lodged
within six months of the Indian application, convention priority may be
claimed. As with patents, such applications are in accordance with the
International Convention of Paris, although the time restriction is set at six
months.
Is it necessary to conduct a trademark search prior
to filing an application?
Yes, conducting
a trademark search before trademark registration
online is recommended. It is fair to check trademarks that have already been
registered prior to filing an application for registration to ensure that the
trademark is not refused to owe to resemblance with existing trademarks. It
will save you time as well as money.
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