The Indian Trademark Office (ITO) has structured the trademark application fees based on the type of applicant and the mode of filing. The charges differ depending on whether the application is submitted physically or electronically (e-filing). Additionally, the fees vary according to the class of the trademark.
Methods of Trademark Registration
Trademark registration can be carried out through different methods, depending on the applicant’s requirements:
1. Online Filing (E-Filing): This method enables applicants to submit trademark applications electronically via the Intellectual Property India website. It is a faster process and may have lower filing fees than traditional methods.
2. Offline Filing (Physical Submission): This involves submitting printed application forms directly at the Trademark Office or via postal mail. It is a preferred option for those with limited internet access.
3. Through a Trademark Attorney: Engaging a trademark attorney ensures professional guidance throughout the registration process. Attorneys conduct detailed searches, prepare applications, and handle official communications, reducing the risk of errors and increasing the chances of approval.
4. International Registration (Madrid System): For those seeking trademark protection in multiple countries, the Madrid System provides a centralized process. Applicants can file an international application through the Intellectual Property India website based on an existing domestic trademark, securing protection in member countries of the Madrid Union.
Cost of Trademark Registration
| Entry No. | Description | Physical Filing (INR) | E-Filing (INR) | Form Number |
| 1 | Application for registration of a trademark, collective mark, certification mark, or series of trademarks for goods/services in one or more classes | TM-A | ||
| - Individual / Startup / Small Enterprise | 5,000 | 4,500 | ||
| - Other applicants (Fee per class and mark) | 10,000 | 9,000 | ||
| 2 | Notice of opposition, rectification, or related counterstatement (per class opposed/counterstatement) | 3,000 | 2,700 | TM-O |
| 3 | Renewal of trademark registration (per class) | 10,000 | 9,000 | TM-R |
| Renewal with surcharge (per class) | 5,000 + renewal fee | 4,500 + renewal fee | ||
| Restoration & renewal (per class) | 10,000 + renewal fee | 9,000 + renewal fee | ||
| 4 | Application to register subsequent proprietor (assignment/transfer, per trademark) | 10,000 | 9,000 | TM-P |
| Application for Registrar’s certificate, approval, direction, alteration, or conversion (per trademark) | 3,000 | 2,700 | ||
| Application for extension, consent, or change of registered user/proprietor details (per trademark) | 2,000 | 1,800 | ||
| Application for dissolution of the association, change in address/service address, or cancellation of entry in register (per trademark) | 1,000 | 900 | ||
| 5 | Application for registered user entry, variation, cancellation, or intervention (per mark) | 5,000 | 4,500 | TM-U |
| 6 | Request for search and issuance of a certificate | 10,000 | 9,000 | TM-C |
| Expedited search and issuance of certificate | Not allowed | 30,000 | ||
| 7 | Application for extension, certified copy, duplicate certificate, inspection, advertisement particulars, amendment, or Registrar’s decision grounds | 1,000 | 900 | TM-M |
| Application for deposition, preliminary advice, or division of an application | 2,000 | 1,800 | ||
| Application for review, petition, or interlocutory matter | 3,000 | 2,700 | ||
| Expedited certificate (other than Section 23(2)) or certified documents (per trademark/document) | 5,000 | 4,500 | ||
| The expedited trademark registration process | ||||
| - Individual / Startup / Small Enterprise | Not allowed | 20,000 | ||
| - Other applicants (Fee per class and mark) | Not allowed | 40,000 | ||
| Request to include a trademark in the well-known trademark list (per mark) | Not allowed | 1,00,000 | ||
| 8 | Application for registration as a trademark agent | 5,000 | 4,500 | TM-G |
| Continuance of a trademark agent’s name in the register (every 5 years) | 10,000 | 9,000 | ||
| Restoration of a trademark agent’s name within 3 years of removal | 5,000 + continuation fee | 4,500 + continuation fee | ||
| Application for alteration of a trademark agent’s register entry | 1,000 | 900 | ||
| Handling fee for certification & transmission of international application (MM2(E)) | Not allowed | 5,000 |
Conclusion
Trademark registration in India involves structured fees that vary based on the applicant type, filing method, and specific trademark-related services. The Indian Trademark Office provides both physical and electronic filing options, with e-filing generally being more cost-effective. Applicants can choose from standard registration, renewal, opposition, rectification, assignment, and other legal formalities, each with distinct charges. Additionally, expedited processes and international registration under the Madrid System offer flexibility for businesses seeking broader trademark protection. Knowing the fee structure is crucial for individuals and enterprises to ensure compliance and smooth registration of their trademarks.
FAQs
Q1. What is the cost of trademark registration in India?
Ans. The cost varies based on the type of applicant and mode of filing. For individuals, startups, and small enterprises, the fee is Rs.4,500 (e-filing) and Rs.5,000 (physical filing). For other applicants, it is Rs.9,000 (e-filing) and Rs.10,000 (physical filing) per class per mark.
Q2. How can I file a tradmark application in India?
Ans. Trademark applications can be filed online (e-filing via the Intellectual Property India website), offline (physical submission at the Trademark Office), through a trademark attorney, or via the Madrid System for international protection.
Q3. What are the fees for trademark renewal in India?
Ans. The renewal fee per class is Rs.9,000 (e-filing) and Rs.10,000 (physical filing). Late renewal with a surcharge costs Rs.4,500 + renewal fee (e-filing) or Rs.5,000 + renewal fee (physical filing). Restoration and renewal cost an additional Rs.9,000 (e-filing) or Rs.10,000 (physical filing).
Q4. How much does it cost to file a trademark opposition or rectification?
Ans. The fee for filing a notice of opposition, rectification, or counterstatement is Rs.2,700 (e-filing) and Rs.3,000 (physical filing) per class.
Q5. What is the cost of an expedited trademark registration process?
Ans. Expedited registration is only available through e-filing. The fee is Rs.20,000 for individuals, startups, and small enterprises, while other applicants must pay Rs.40,000 per class per mark.
Q6. What is the fee for international trademark registration through the Madrid System?
Ans. The handling fee for certification and transmission of an international application (MM2(E)) is Rs.5,000 (e-filing only). Additional fees are charged based on the number of designated countries.
_(b)_of_the_Trademark_Act,_1999_(1)_crop10_thumb.jpg)
_crop10_thumb.jpg)
_crop10_thumb.jpg)
_crop10_thumb.jpg)
_crop10_thumb.jpg)
_crop10_thumb.jpg)
_crop10_thumb.jpg)
_crop10_thumb.jpg)
_crop10_thumb.jpg)
_crop10_thumb.jpg)
_crop10_thumb.jpg)
_crop10_thumb.jpg)
