Trademark Registration Cost in India

In simple terms, a trademark is a brand or logo which represents your business. A visual symbol like a word signature, name, device, label, numerals, or combination of colors used by the owner of the trademark for goods or services or other articles. A trademark registration online can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline, or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.

Step 1: trademark search

This search is to check whether your business name or logo is similar to other already registered trademarks. Generally, the trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class. There are two kinds of search: online and offline. It is recommended that you get both the searches done. Once found to be unique you can proceed to the next step

Step 2: Create a trademark application

Based on the results of the search conducted, the trademark attorney will draft a trademark application, provided that your business name/logo found to be unique. If someone already has the same or similar trademark, you need to change yours. Or if you are of opinion that the trademark is rightfully yours and you are using it for a long time even before other party trademark registration. You can start using the ™ symbol as soon as you file the form of a trademark application.

Step 3: trademark registration

Cost: Government fees are Rs. 4,500/- in case of Individual/ Startup/ Small Enterprise (it would be 9,000/- in all other cases) and trademark attorney professional fees is Rs. 3500/- per application per class.

• The Trademarks Office will first check your application to see if it’s already been taken. If it has, a trademark objection will be raised.
• If it has no objection, it makes an advertisement in the Trade Marks Journal.
• If there is no opposition from other businesses in the next four months, your trademark is registered around six months later.

Who can apply for a trademark?

Any person which can be an individual, company, proprietor, or legal entity claiming to be the owner of the trademark can apply. The application for the trademark can be filed within a few days and you can start using the “TM” symbol. And the time required for the trademark registry to complete formalities is 8 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and the registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed from time to time.

Functions of a trademark are:

• It identifies the service or product and its source
• It guarantees its quality
• helps in Advertisement of service or product

Different types of trademark:

• A name (including personal or surname of the applicant or predecessor in business or the signature of the person)
• A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service
• alphanumeric or Letters or numerals or any combination thereof.
• Image, symbol, monograms, 3-dimensional shapes, letters, etc.
• Sound marks in audio format

Documents required for filing a Trade Mark Application in India:

• Trademark or logo copy
• Applicant details like name, address, and nationality and for the company: the state of incorporation
• Goods or services to register
• Date of first use of the trademark registration in India, if used by you prior to applying.
• Power of attorney to be signed by the applicant