Trademark Registration

While getting your trademark registered seems like a good option, to protect the goodwill of your business in the long-run, a lot of people are wary about the amount of money they would have to spend on the registration process. While the total amount might seem a little high, the breakup of the trademark registration cost in India will rationalize the expenditure.

Before delving into the trademark registration cost, here's a bird's eye of the process of registration itself:

Trademark [TM] Search: Though it is popularly believed that the first step to registering a trademark is the trademark filing, the first step, in reality is the TM search. A TM search reveals the presence of similar or identical trademarks and helps a person in choosing a unique trademark.

Trademark Filing: This can be manual filing or e-filing. It must be filed with the jurisdictional trademark registry.

Trademark Examination & Response: A trademark examiner conducts the trademark examination of the application for registration. In case the trademark is objected, then the applicant has to file a response within the stipulated time. After successful contestation, the application will be published in the trademark journal.

Opposition: Once the trademark has been published in the journal the public has a right to file an opposition (if they will be aggrieved by the registration) within 4 months. The opposition proceeding may extend the registration timeline up to 4 years.

Registration & Renewal: Once the trademark is registered in India, it has to be renewed every 10 years upon the payment of the prescribed fee. Unless it is renewed it will be removed from the Register of Trademarks.

While this is the process of registering a trademark, the table below provides an estimate of the cost involved in each step of the trademark registration.

Trademark Registration Cost

Sl. No.                                On what payable Statutory Fee [INR ₹]
1. Trademark Application 4000
2. Expediting examination [Optional] 20000
3. Amendment to the application [for example change of address] 500
3. Notice of opposition 2500
4. Response to a notice of opposition 1000
5. Request for extension time 500
6. Trademark Renewal 5000
7. Renewal within six months after the expiration of the last registration of the trademark 3000
8. Restoring a trademark that has been removed from the register 5000

The above-listed trademark registration costs give a fair idea of the entire amount it will take for getting your trademark registered. Apart from this, it is always better to engage professional services to ensure a hassle-free registration process.

The Draft Trademark (Amendment) Rules, 2015 propose to increase the cost of registering the trademark by 100%. Once this comes into effect the above-mentioned costs will double.

While the actual trademark registration cost in India may vary slightly, depending on how many classes you are filing your trademark under and whether it is a collective mark or not, on a cost-benefit analysis registering your trademark has the advantage of protecting the goodwill of your business. A business takes a lot of effort and money to establish. Endowing your business with a registered trademark will go a long way in protecting it.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.