In the competitive Indian market, achieving success is often based on establishing a strong brand identity. This involves presenting distinctive propositions, innovative ideas, and unique products to the market. However, the journey doesn’t end with building a strong brand as safeguarding it from potential misuse and plagiarism by external entities is equally crucial. The only viable shield against such threats is the process of trademark registration. With advancement in the trademark registration, this has not only simplified the procedure but has also significantly slashed the associated cost of trademark registration in the country.
Understanding the Cost of Trademark Registration in India
Business owners who are deeply committed to their ventures must recognise the crucial importance of safeguarding their hard-earned creations. Failing to protect their business can expose them to various vulnerabilities and challenges. For many entrepreneurs, trademark registration serves as a form of brand insurance, providing a crucial shield in the face of potential threats.
In the context of India, the cost of trademark registration can be categorised into two main components: government fees and professional fees. Notably, government fees are consistent nationwide, while professional fees may vary based on individual practitioners.
For businesses, the government fees/cost for trademark registration amount to Rs. 9,000 per application per class. On the other hand, individual applicants face a government charge of Rs. 4,500 per application per class as cost of trademark registration. It is imperative for business owners to understand this structure of cost of trademark registration to make informed decisions about protecting their intellectual property in the competitive market. Getting trademark registration can be essential in addressing challenges such as potential infringements on business names or designs, providing legal recourse against copycats through the courts.
Understanding Government and Professional Fees in Trademark Registration
The government and professional cost of trademark registration are as mentioned below:
Government Registration Fees:
For various types of marks and entities, the government imposes different cost of trademark registration. In the case of filing a single mark in a single class, individuals, DPIIT registered startups, and registered MSMEs are charged Rs. 4,500 per class per application. Other entities, however, face a government fee of Rs. 9,000 per class per application. Registering a collective mark incurs a cost of Rs. 10,000 per class per application.
In convention countries, the basic cost of trademark registration is Rs. 10,000, with additional fees for each subsequent class. For global registration under the Madrid Protocol, the World Intellectual Property Rights Organisation levies separate charges for registration in each member country.
Professional Fees:
Given the common occurrence of applications being refused due to pre-existing marks, seeking professional assistance for the registration process is advisable. Intellectual property lawyers can provide valuable guidance on trademark registration, database searches, and logo availability, offering accurate advice on the legal intricacies involved. Use StartupFino’s trademark registration services to avail affordable prices for the process.
Legal Fees for Opposition:
Opposition, distinct from objection, arises from various third parties. Third parties or competitors may file claims against businesses attempting to register similar trademarks or symbols. Filing a notice of opposition against a conflicting trademark application in one class incurs legal fees of Rs. 2,700.
Legal Fees for Objection:
Government objections, stemming from various factors, do not necessarily result in trademark rejection but demand sufficient justification for registrability. The cost of addressing objections depends on their nature and type. Seeking expert assistance is crucial when responding to objections due to the intricate study and investigation required.
Trademark Rectification:
In India, trademark rectification can be initiated due to non-compliance with a registered trademark’s conditions or errors in the registration process. Section 57 of the Trade Marks Act of 1999 specifies the grounds for rectification of the Register. Applications for rectification or cancellation based on non-use can be submitted. Such applications must be filed with the same Trade Marks Registry as the original registration application.
Trademark Registration Process as per Section 18 of the Trademark Act of 1999
In accordance with Section 18 of the Trademark Act of 1999, individuals are granted the right to submit a trademark application. Initiating a trademark application mandates meticulous attention to specific requirements.
Prospective applicants are tasked with thorough research to bolster the strength of their application. The application itself must encompass vital particulars. These include the name of the mark, a detailed description of the associated products and services, the classification specifying the category to which the goods and services pertain, the anticipated period of usage for the mark, and personal information, encompassing the applicant’s name and permanent address.
Significance of Trademarks in Business
Trademark registration in India holds immense importance for businesses, serving as a crucial tool for differentiation and protection. Following are the key reasons why trademarks are essential:
1. Distinctive Identity: Trademarks enable large businesses to distinguish their products or services from others in the market. By registering a trademark, creators establish an intangible asset that safeguards the brand over the long term.
2. Market Competition: In industries with a multitude of companies offering diverse goods and services, trademarks play a vital role in setting a new business apart from its competitors. Establishing a unique identity through trademarks becomes the foundational step for any new venture.
3. Global Expansion: Going global without a trademark is risky, as someone in another country might exploit the company’s logo. Obtaining trademark registration before expanding internationally secures the corporation’s position, fostering growth while mitigating the risk of brand misuse.
4. Representation of Excellence: Trademarks are symbolic of the goodwill and excellence associated with a product or service. Registering a trademark not only enhances client confidence but also increases visibility in the market. This contributes to the formation of a loyal customer base that consistently prefers the trademarked brand.
5. Effective Communication Tool: Trademarks serve as an excellent communication tool for attracting customer attention. A registered trademark helps customers quickly identify a company’s reputation, significantly influencing their purchasing decisions.
6. Legal Protection: Trademark registration empowers business owners to prohibit unauthorised use of their trademarks. This legal authority extends to preventing rivals and others from using trademarked logos in a misleading manner.
7. Versatility of Trademarks: Trademarks can take various forms, including single words, logos, slogans, punchlines, phrases, or designs. Safeguarding the brand through trademark registration is especially crucial in markets like India, where it is considered not just necessary but imperative for brand protection and recognition.
Final Thoughts
The cost of trademark registration encompasses government fees and professional fees, varying for different entities and types of marks. For businesses in India, government charges are Rs. 9,000 per class per application, while individuals face Rs. 4,500. Additionally, fees differ for collective marks. Professional fees may vary based on the practitioner. Beyond the monetary aspect, trademark registration serves as crucial brand insurance, safeguarding against infringements and providing legal leverage. Understanding the cost of trademark registration is essential for businesses seeking to protect their intellectual property and navigate the competitive business sector effectively.
