Trademark registration distinguishes the registered brand from the competitors and help in identifying the product and services as source. Trademark could be a name, slogan, logo, which a company uses on its business name, product or services. It helps in creating identity of the brand which people can associate with. Thus, the process of trademark registration is necessary and the applicant can file for the same with Indian Trademark Office (ITO).
The regulations governing the trademark fees and forms for the purpose of trademark prosecution in India are provided in Trademark Rules, 2017, Rules 10 and 11. The trademark application and prosecution in India involves submitting different forms with the registrar by the trademark holder/agent/attorney. These forms must be accompanied by requisite fees and documentation, as specified within the Acts and Rules, for the hassle free prosecution of trademark applications.
- Search
This is an important step which saves time of the proprietor to move forward with the trademark application which is likely to get rejected. This process helps in identifying at the nascent stage that whether or not the trademark is deceptively similar, identical to any other trademark in use. The proprietor hires trademark agent or attorney for this purpose and the cost can vary depending on the firm and agents. However, there is no official cost prescribed.
- Drafting the Trademark Application
The trademark attorney/ agent/ firm so hired helps in the process of drafting the trademark application. This application is drafted with the facts, and information provided by the client. The cost of drafting may vary from each attorney or firm hired.
- Cost of Filing Trademark Application
It depends on the type of trademark being filed for which are divided into two categories of applicants, which are as follows for:
- Individual/ Start-up/ Small Enterprise the cost for online application is Rs. 4,500/- and for physical filing is Rs. 5,000/-
- Other applicants like body corporate, Limited Liability Partnership, Partnership firm , etc., the cost for online application is Rs. 9,000/- and for physical filing is Rs. 10,000/- for each class and each mark.
- Examination
Once the trademark application is received by the trademark office an examination report is issued to applicant. There is no official fees prescribed for this process. However if there are any objections in the report, the applicant has to file reply to the same within 30 days.
If the applicant fails to file reply in the prescribed period then for the extension of time to file Examination Report Reply the cost is Rs. 900/- by online mode and Rs. 1000/- by physical filing.
- Publication and Opposition
The mark would be published in the trademark journal on the direction of the examiner. This would present opportunity to the public at large to oppose the same on prior use etc.
Any party aggrieved by can file notice of opposition against the published mark and the applicant can file counter reply to it. Thereby, the cost prescribed to file the online application is Rs.2700/- and Rs.3000/- for filing by physical mode.
- Registration Certificate
There is no official fees for obtaining digital trademark certificate from the trademark office. The certificate can easily be downloaded from E- Register in India. However, the applicant can get the certified copy of the registered trademark by filing an application in TM-M form along with the prescribed fees of Rs.1000/- physical filing and Rs.900/- for online application. Only a certified copy is valid and legal for legal proceedings or claiming priority in other countries.
- Renewal
A trademark is required to be renewed in every 10 years. The application cost for renewal of registration of trademark is Rs. 9000/- for online filing and Rs. 10,000/- for physical filing.
- Miscellaneous Costs
Apart from the essential cots mentioned above there are certain other applications tabulated below for which statutory fees are charged by the Trademark Registry which are as follows:
| S. No. | On what payable | Physical filing cost | Online filing cost |
| 1. | For expedited processing of an application for registration of trademark | ||
| For individual | Not allowed | Rs. 20,000/- | |
| In other cases | Not allowed | Rs. 40,000/- | |
| 2. | For extension of time, certified copy of registration certificate, duplicate registration certificate | Rs. 1000/- | Rs. 900/- |
| 3. | Request to include a trademark in the list of well- known trademark | Not allowed | Rs. 1,00,000 (per trademark) |
| 4. | For adding a person as Registered user (S.49 of the Trademarks Act,1999) | Rs. 5000/- | Rs. 4500/- |
| 5. | Application for registration of a person as Trademarks Agent | Rs. 5000/- | Rs. 4500/- |
Conclusion
Thus, there is a cost which the trademark applicant has to pay at each step whether it is statutory in nature or one that is professional in nature as charged by the attorney and firms. However, trademark registration is really crucial and cannot be done away with. Trademark is a valuable asset, it serves as the symbol for authenticity of the goods and services, which helps in customer making the right choice. Further, it helps in protecting the proprietor’s goodwill by ensuring no one derives benefits from the registered trademarks.
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