Cost of Trademark Registration in India | Know the Hidden Costs

 

The cost of trademark registration in India entails several processes and expenditures.

 

A trademark is a sign or symbol used by one firm to differentiate its goods and services from those of other businesses. 

 

It is widely employed by entrepreneurs in today's market. A trademark can be owned by an individual, a business, or a legal organisation. 

 

Many businesses display their trademark on the packaging or on the product itself. It protects you from other people using your product's trademark or logo. 

 

The person who owns the trademark has the right to sue anyone who uses his trademark. 

 

The cost of trademark registration online is divided into two parts: government fees and professional fees. 

 

The distinction between government and professional fees is that government costs are uniform throughout India, whereas professional rates vary depending on the individual.

 

Cost of a Digital Signature Certificate (DSC)

The registration fee is approximately Rs.4000 per application. 

If a person registers his or her brand or logo under multiple categories, he or she must pay Rs.4000 per category.

 

Registration Cost

There will be different fees for marks, series of marks, and combine marks. Also, they will pay for each class separately. 

Additional registration in convention countries will incur extra fees. Fees for filing a single mark in a single class are Rs.2500/- and Rs.2500/- for each additional class, while registering a collective mark is Rs.10000/-. 

In a convention country, registration of marks costs Rs.10000/-, plus additional payments for registration in each class. 

Furthermore, for international registration under the Madrid Protocol, the World Intellectual Property Rights Organisation (WIPO) will impose additional costs for registration in each WIPO member country in which you wish to register.

 

Professional charges

Many applications rejects as a result of registering already existing marks. 

As a result, it is usually preferable to engage a professional to handle the registration process. 

An intellectual property lawyer can provide competent advice on all legal concerns. Involving trademark registration, trademark databases, or the availability of different logos.

 

Legal fees for filing an objection

The government will sometimes reject an application. 

The government's opposition is based on an already existing brand name or logo symbol. 

Everyone who registers a trademark should use a distinct name or symbol. 

If the government objects, you must retain the services of a lawyer.

 

Opposition legal fees

The opposition is analogous to the objection. 

The distinction between the two is that opposition comes from third parties, whereas objection comes from the government. 

Various third parties or competitors level claims against commercial firms seeking registration for using comparable logos or emblems. 

There are also allegations that if the application allows, it will result in a violation of intellectual property rights. 

It results in fees ranging from Rs.8000 to Rs.10,000.

 

Renewal Fees 

Renewal fees will be levied for each mark in each class, although renewal of a collective mark would cost Rs.10000/-.

The cost of rectification or removal of a trademark is Rs.3000/-.

 

What can you trademark?

• Name The applicant's personal or surname in business, as well as the person's signature.
• Words: A word that does not explicitly describe the nature or quality of the goods or service.
• Numbers: Can be alphanumeric, letters, digits, or any combination of these. Consider the 555 brands.
• Images: include images, symbols, monograms, 3-dimensional shapes, letters, and so on. Consider the tick in the Nike emblem.
• Sound: Audio sound markers. Consider the sound in the ad jingle.

 

What are different types of trademark symbols?

• TM (™): The TM symbol indicates that the trademark or device mark has been filed with the appropriate authorities but has yet to be registered.
• R (Ⓡ): The R symbol indicates that the applied trademark or device mark has been registered with the relevant authorities.
• SM (℠): The Service Mark symbol indicates that the service or device mark has been filed with the appropriate authorities but has yet to be registered.

 

What are the advantages of Trademark Registration?

In the long run, registering your trademark is critical for every firm. The following are some of the advantages of trademark registration:

Legal Protection: Trademark registration gives you a competitive and legal advantage over anyone who attempts to imitate your trademark.

Building Trust: A trademark can help you preserve and expand the value of your brand in the market. It increases consumer trust in the brand. When a trademark registers, it becomes the face of the firm or the goods and services.

Intangible Asset: Trademark Registration in India produces an intangible asset. Registered trademarks can be sold, assigned, licenced, or commercially contracted to benefit the company or individual proprietor.

Cost-effective: Once you've registered your trademark, you won't have to worry about it for at least ten years until you renew your registration.

 

What is the Trademark Registration Process?

The Trade Marks Act of 1999 governs trademark law in India. 

The Act allows for the registration of any mark capable of being expressed graphically as a word, device, label, number, or colour combination.

Moreover, it may also be capable of identifying one person's goods or services from those of another. 

A trademark, in other terms, is a source identifier.

The following is the process of trademark registration online.

 

Trademark Search: 

A thorough examination of the trademark logo and brand name is to ensure that such a trademark is not already under another name. A trademark should be one-of-a-kind.

 

Trademark Class: 

When applying for trademark registration online, one must use the correct classification of classes. There are around 45 class for goods and services.

The trademark registry categorises goods and services into 45 different classes.

 

Filling out an application for Trademark Registration:

If your application grants, you will receive recognition and be able to use the Trademark symbol next to your brand name.

A manual filling is also available, in which the applicant must personally hand over the application for registration to the registrar's office of trade Marks located in major Indian cities such as Delhi, Mumbai, Kolkata, Ahmadabad, and Chennai, and then wait for 15-20 days to receive an acknowledgement.

The registrar will ensure that the brand name chosen complies with existing law. Also, that there are no conflicts or disputes between any existing or pending brands for registration.

 

Publication of the selected brand name in the Indian Trade Mark Journals:

The registrar will publish the selected brand name in the Indian Trade Mark Journal. 

If no opposition rises within 3 months (90 days or 120 days in some cases) from the date of publication, it will proceed to acceptance.

 

Trademark Registration Certificate: 

If the registrar accepts the application without resistance, the registrar will issue the Registration Certificate bearing the Trademark Registry seal. 

After, trademark registration, you can therefore use in addition to the brand name.