The trademark filing cost or official fees in India is as follows:
The official fee for filing one trademark in one class is INR 4500 for a MSME or Start-up or individual. The official fee for filing one trademark in one class by a company is INR 9000/-. A trademark in India is registered approximately within 9-12 months if there is no major objection or opposition against the trademark.
The trademark filing official fee one (1) trademark application in one (1) class until registration in in a straight forward case is as under:-
|New Trademark Application Filing Cost||Official Fees|
|Official fee for filing one trademark in one class in case of a MSME, Start up||INR 5000/-||INR 4500/-|
|Official fee for filing one trademark in one class in case of company||INR 10000/-||INR 9000/-|
* According to Trademark Rules, 2017, a MSME and Start up can claim a reduction of 50% in the official filing fee of trademark application in India.
Trademark Registration Stages in India
The various stages involved in registration of a trademark in India is as under:
Trademark Filing: A trademark application can be filed in India for both one class as well as multiple classes. The official fee to file a mark is calculated based on the number of classes in which a trademark is to be filed. A trademark application claiming priority from a convention country can also be filed in India within six months from the date of priority.
Examination Report– Pursuant to filing of trademark application, the application is duly examined by the Registrar of Trademarks in accordance with the provisions of Trademark Act, 1999. The Registrar may accept or refuse the application subject to the provisions of the Act. An application can be refused / objected by the Registrar on relative or absolute grounds. Read about Grounds on which a trademark can be refused in India here.
The Registrar will issue an office action (examination report) normally within 3 months to 6 months from the date of filing depending upon the backlog of Registry. On receipt of the office action, the applicant has to file an appropriate reply alongwith the required documents (if any) for overcoming the objections raised by the Registry against the Trademark. The applicant has to file reply to office action within one month from the date on which the office action was received by the applicant.
Advertisement -After examination and acceptance of reply to office action by the Registrar, the application is advertised in the Trademarks Journal. After being advertised, the trademark is open to opposition by any person.
Opposition– Once the trademark is published in the Trademarks Journal, any aggrieved person can oppose its registration by filing notice of opposition with the Registry within the prescribed time limit.
The time limit for filing notice of opposition is four months from the date on which the mark was published in the Trade Marks Journal.
Registration and Renewal– A trademark proceeds for registration in cases where no notice of opposition has been filed against the mark or in cases where the opposition was filed and was subsequently decided in favor of the applicant.
Once registered a trademark is valid for a period of 10 years from the date of filing of the application. A registered trademark can be renewed from time to time on payment of prescribed renewal fees.
*Cost of Official fee is based on individual/startup entity only. Professional fee not included.
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