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Trademark Registration Fees In India
TRADEMARK REGISTRATION FEES IN INDIA
Trademark registration is an essential step for all businesses aiming to protect their unique identity, unlock growth opportunities, and prevent others from unauthorized use. It is crucial to have a comprehensive understanding of the fees associated with trademark registration in India to make an informed decision. This article provides an analysis of trademark registration fees, including different categories and stages of fees, along with common mistakes to avoid during the process.
WHY TRADEMARK REGISTRATION REQUIRED
In the modern scenario, trademark registration is very essential for all business entities for protection of their brand, goodwill and reputation.
The market competition is stiff; there is possibility that a business may adopt a trademark which is already pre-existent in the market but not trademark registered. The latter adopter may secretly register the trademark, without the knowledge of the former. In such a case the reputation and goodwill of the former is at stake and it will be difficult to dislodge the later adopter without resorting ...
... to litigation. So, timely registration of trademark is imperative.
BENEFITS OF TRADEMARK REGISTRATION
Some benefits are;
The important brands like Tata, Bisleri, Amul etc. protect their business through trademarks.
Trademark of your business is an important asset and contributes to goodwill and reputation.
A registered trademark protects your business name and logo from being used by others for the goods or services you have obtained trademark.
It is possible to sell, license or assign trademarks.
It ensures that goods and services are authentic and of good quality.
It ensures faith in the mind of consumers and they are able to express their lifestyle through it.
It serves as a symbol of loyalty, affiliation and commitment.
ADVANTAGES OF REGISTERED TRADEMARK
Protection granted by the Government under the Trademark Act, 1999 and other relevant laws.
Only registered trademark can sue for infringement, if there is unauthorized use of the mark by others.
Increases brand value and reputation and goodwill increases with time.
Can use the symbol ®
People have more faith on brands which are registered as they considered it authentic.
Give both National and International protection in places where trademark is registered.
Registered trademark can be sold, assigned or licensed to others.
It is easy to give evidence of use when a mark is registered.
TRADEMARK REGISTRATION COST
At the time of trademark filing, forms are accompanied by fees and documents for proper filing. Trademark registration Fee is applicable per class. Trademark Registration cost is applicable for goods and services. Trademark Registration fees for individuals, start-ups, single firm, small entities (MSMEs), is Rs 5,000/- (offline), Rs 4500 (online), whereas trademark registration fee for partnership firm, LLP, company, is Rs 10,000/- (offline), Rs 9000 (online).
DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION
For Individual and Sole Proprietor
Product name/logo
Power of Attorney (TM-48), duly signed.
Identity and address proof of the Individual/Proprietor
For Partnership/LLP/Company
Product name/logo
Power of Attorney (TM-48), duly signed.
Partnership Deed
Incorporation certificate
Udyam Registration certificate in case of Small Enterprise
DPIIT Recognition in case of Start up.
Identity and address proof of the signatory
TRADEMARK REGISTRATION FEE STRUCTURE
Trademark Registration Fees In India
TM Form
On what payable
Amount in INR
For E- filing
For Physical filing
TM-A
Application for registration of a trademark/collective marks/certification mark/series of trademark for specification of goods or services included in one or more than one classes
Where the applicant is an individual start-up/small enterprise
4,500/-
5,000/-
In all other cases
9,000/-
10,000/-
(Note: Fee is for each class and for each mark)
VALIDITY OF TRADEMARK REGISTRATION
Trademark registration is granted for a period of 10 years. It has to be renewed before expiry of the term to keep it active. It can be renewed after expiry of the period also, but in that case surcharge is charged by the government. So, it is better if trademark is renewed before time. If trademark registration is not renewed for a long period it is removed and open gates for others to adopt the trademark. The Cost for trademark renewal is Rs 9,000/- (online) & Rs 10,000/- (offline).
CONCLUSION
Trademark registration is important and you should not be concern about the cost involved in the registration because trademark registration moves through a process which takes time. Trademarks prevent anyone else in the same industry from using your name or logo without your permission.
The important thing about trademark is that it identifies and distinguishes source of goods or services of one party from others. They build trust and confidence in the minds of consumers and have a significant impact in the country where it is registered.
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