Trademark registration is an important step by any business or individual looking to keep their intellectual property safe. It reserves the exclusive right to allow the mark to be used in commerce and prohibits others from using a similar mark that can confuse consumers. In India, the process is governed by the Trade Marks Act, 1999 and administered by the Office of the Controller General of Patents, Designs, and Trade Marks commonly known as CGPDTM.

This article shows the cost incurred in registering a trademark in India, the factors that govern it, and how the businesses navigate the whole procedure efficiently.

What is a Trademark?

A trademark is a sign, or mark, which is capable of distinguishing the goods or services of one enterprise from those of other enterprises. It can be in the form of a word or phrase, logo, symbol, design, or an association of such elements. The exclusive right to use the mark in relation to the goods or services for which it is registered is given to the owner if registered.

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Procedure for Registration of Trademark in India

1. Search for Existing Trademarks: Before making an application, a search must be made in the official trademark database. One must look for existing similar or identical marks.

2. Application Filing: The filing of trademark applications can be either online or offline. In an offline application, a TM-A form is to be filed along with relevant details like mark, goods or services that the mark will represent, and the applicant's details.

• It then enters examination by the Trademark Office after being filed. No objection is raised, and then it moves to the next stage.

3. Publication in the Trademark Journal: If a trademark is passed by the examination stage, it gets published in the Trademark Journal. No opposition can be filed against it within four months, and then it is registered.

4. Trademark Registration Certificate: After the opposition period is over and no objections are found, the Trademark Office issues a certificate of registration.

Also, Get to Know Step-by-Step Procedure in India to Check Trademark Availability

Cost of Trademark Registration in India

The cost of trademark registration in India depends upon a number of factors such as whether the applicant is a single individual or a business concern, the number of classes sought for registration, and the way an application is filed. Following is a general outline of the basic costs of trademark registration in India:

1. Govt Fee for Trademark Registration

The government fee for the registration of a trademark depends upon the applicant being an individual, a startup, or a company. As of 2023, the government fees are:

For Individual/Startup/Small Enterprise:

• Online Filing: ₹4,500 per class.

• Offline Filing: ₹5,000 per class.

For Other Entities (Companies, LLPs, Trusts, etc.): 

• Online Filing: ₹9,000 per class.

• Offline Filing: ₹10,000 per class.

Note: A "class" is the category of goods or services for which the trademark is registered. For example, Class 25 includes clothes, Class 30 comprises foodstuffs, etc. A separate fee needs to be paid for every class for which the trademark is registered.

2. Trademark Agent/Attorney Fees (Optional)

Though possible, filing the trademark application yourself is generally preferred to hire a trademark agent or attorney. These professionals will professionally complete your trademark application process, while fees charged by trademark attorneys or agents usually vary from ₹2,000 to ₹10,000 per class of your application.

3. Further costs

There could be several further costs incurred during various phases of the process:

1. Trademark Search Fees: Trademark search services usually range from ₹500 to ₹2,000. This will make sure your trademark does not conflict with already existing registered marks.

2. Opposition or Response Fees: If there is an opposition to your trademark, or if you want to file a response to an examination report, additional fees are applicable.

3. Renewal Fees: A trademark in India is valid for 10 years. After 10 years, it can be renewed indefinitely for an additional period of 10 years. The renewal fee is usually:

• ₹10,000 per class (for companies and entities).

• ₹4,500 per class (for individuals, startups, and small enterprises).

Also, Learn about What is Passing Off Under Trademark?

Factors Influencing Trademark Registration Cost

1. Number of Classes: 

The number of classes determines the number of fees. If your business deals with multiple goods or services, you will need to register your trademark in more than one class, thereby increasing the cost.

2. Trademark Type:

If you are filing for a word mark, logo mark, or a combination mark (word + logo), the complexity of the design or wording may affect the fees charged by attorneys.

3. Legal Assistance: 

It is possible to file a trademark application without legal assistance; however, most businesses hire professional help. The complexity of the trademark and the likelihood of legal issues (such as objections or oppositions) will determine whether you need the attorney's help.

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4. Opposition/Objection: 

If your trademark application faces opposition or objection, you may incur extra costs in responding to those challenges or defending the application.

Summing Up

The cost of trademark registration in India is relatively affordable compared to many other countries, especially for individuals and small enterprises. The fees depend on whether you are an individual, startup, or corporate entity, the number of classes you wish to register, and whether you choose to seek professional assistance.

The law usually requires a one-time registration, but the value of a registered trademark far exceeds that because it gives the owner some exclusive rights, legal protection, and recognition for their brand.

Understanding the cost as well as the process involved in registering a trademark will ensure businesses do the right thing for their intellectual property and do so confidently, building their brand.

Trademark Registration Cost in India FAQs

Q1. What is the price of trademark filing in India?

The cost range begins at ₹4,500 per class for individuals and ₹9,000 per class for companies.

Q2. Can I file a trademark myself without an attorney?

Yes, one can file an application for a trademark without an attorney, but hiring a trademark attorney may make the process more streamlined.

Q3. What costs beyond trademark registration itself are incurred?

Additional costs can include search fees for trademarks, fees of opposition, and renewal charges.

Q4. How long does a trademark last in India?

A trademark lasts for 10 years in India. The same trademark can be renewed time and again for another period of 10 years each time.

Q5. What is a trademark class?

Trademark class refers to the category of goods or services covered by the trademark, such as Class 25 for clothing or Class 30 for food items.