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TRADEMARK REGISTRATION FEES IN INDIA

When it comes to trademark registration fees in India, there are several essential things to keep in mind. The first is that the fee for filing a trademark application with the Indian Trademark Office (ITO) can vary depending on the type of trademark that you are filing for. Second, trademark registration requires renewal every ten years to continue protecting your brand. It is essential to consider these factors when choosing a brand name and registering your trademark to ensure you do not pay more than you need to. The registration fees vary depending on which class you apply for and what type of mark you want to register.

TRADEMARK REGISTRATION

Before knowing about the trademark registration fees it is important to know about a trademark. A trademark is defined under Section 2(zb) of the Trademark Act, 1999 as a mark capable of being graphically represented and distinguishing the goods and services of one business from those of another. It may include word, logo, symbol, design marks, slogan marks, product packages, sound marks, colour, shape of goods, three dimension etc. Any individual, single firm, body incorporate, HUF, LLP, Partnership firm, Society, statutory body, trust etc. is allowed to own a trademark by paying the trademark registration fees. They are administered by the Indian Trademark department which falls under the Ministry of Commerce & Industry. Trademark registration fees is levied by the department as per the nature of entity.

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 fees is applicable for goods and services. Trademark Registration fee 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

TM Form	On what payable	Amount in INR
		For Physical filing	For E-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	5,000/-	4,500/-
	In all other cases	10,000/-	9,000/-
	(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 of trademark renewal is Rs 9,000/- (online) & Rs 10,000/- (offline)..

TRADEMARK REGISTRATION RENEWAL GOVT.FEE STRUCTURE

TM Form	On what payable	Amount in INR
		For Physical filing	For E-filing
TM-R	For renewal of registration of a trademark under single class	10,000/-	9,000/-
	Application for renewal with surcharge of registration of a Trademarks under section 25 (3) for each class i.e. within 6 months of expiry	5,000/- + renewal fee = Rs 15,000/-	4,500/- + renewal fee = Rs 13,500/-
	Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class i.e. within 6 to 12 months of expiry	10,000/- + renewal fee= Rs 20,000/-	9,000/- + renewal fee = Rs 18,000/-

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.

Feel free to reach out to us at Agarwal Consultancy Services for all your trademark registration-related queries and assistance!