TRADEMARK REGISTRATION FEE
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.
BENEFITS OF TRADEMARK REGISTRATION
Owing a brand is not enough unless the same is registered as a trademark. It takes a lot of time, energy and hard work to build a brand but to get the maximum protection and to reap its benefit, trademark registration is compulsory. Trademark registration guarantees all kinds of protection to a registered trademark from third parties. Apart from legal protection a registered trademark becomes a valuable asset, capable of being licensed, sold or used as collateral. It also enhances brand credibility, instilling confidence in consumers.
TRADEMARK REGISTRATION DOCUMENTS
For Individual and Sole Proprietor
1. Brand name/logo
2. Details of goods/services
3. Power of Attorney (TM-48), duly signed.
4. Identity and address proof of the Individual/Proprietor
For Partnership/LLP/Company
1. Brand name/logo
2. Details of goods/logo
3. Power of Attorney (TM-48), duly signed.
4. Partnership Deed
5. Incorporation certificate (in case of company)
6. Udyam Registration certificate in case of Small Enterprise
7. DPIIT Recognition in case of Start-up.
8. Identity and address proof of the signatory
TRADEMARK REGISTRATION FEES
Trademark registration is not cost free. Trademark registration Fee is applicable per class. The minimum fee for trademark registration is Rs 4500/-. Trade Registration fee is applicable for goods and services. The Government fee for Trademark Registration 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). Online application can be filed through the official portal and offline by submitting TM-A with required documents physically or by post at the office.
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/Single firm 5,000/- 4,500/-
For others 10,000/- 9,000/-
(Note: Fee is for each class and for each mark)
VALIDITY OF TRADEMARK REGISTRATION
Trademark registration certificate once granted is valid for 10 years at a time. To continue using the trademark, it must be renewed every 10 years by paying the renewal fee. In India, the renewal fee for physical filing is Rs 10,000/-, while it is Rs 9,000/- for e-filing. Failure to pay the renewal fee within the prescribed time can result in the trademark registration being removed from the trademark register. Make sure you renew your trademark registration before its expiry to continue the validity.
Trademark Registration Renewal 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 fees is charged by the department once. By paying the required trademark registration fess one can enjoy the registration for 10 years. After 10 years it can be continued for another 10 years by paying the prescribed fees and this registration process can be continued till one wants to keep the registration alive. So without wasting anytime register your trademark immediately to get the maximum protection for your brand and to increase its value in the market.