The identity and reputation of a company are fundamentally dependent on its trademark. They distinguish a company’s products or services from those of its rivals and build market recognition of the brand. Unfortunately, registering a trademark can be a difficult and expensive procedure. The company owners and entrepreneurs need to understand the trademark registration expenses and set up aside money for it. In this write-up, we will discuss Trademark Registration expenses.
You can protect your brand and maintain its endurance in the marketplace by budgeting for trademark registration and comprehending the accompanying costs. A trademark registration is an investment in your company’s future success, and the rewards far outweigh the costs of the trademark registration. By taking the necessary actions to defend your trademark, you can preserve your intellectual property, enhance the customer trust, and lay a solid platform for the future growth and expansion. If you are thinking of registering the trademark, make sure you understand the costs and budget according to it.
What does Trademark Registration Mean?
A trademark is a distinctive image, sound, word, pattern or combination of these elements that is used to identify and set one company’s products or services apart from those of others. A trademark registration in India gives the owner of the mark legal protection and the only right to use the mark in connection with the products or services they provide. The Trade Marks Act of 1999[1] and the Trade Marks Rules of 2017 govern the registration of the trademarks in India. There are multiple components in the trademark registration procedure, including the filing of a trademark application to the trademark registry and having the application examined by a trademark examiner.
The application will then be published in the Trademarks Journal for a period of four months if the examiner finds no grounds for opposition. The trademark application might be opposed by other parties during this time. The trademark will be registered if no opposition is filed or if they are unsuccessful.
The right to sue for trademark infringement and the ability to stop others from using the same or a similar mark in connection with products or services is the two significant advantages that trademark registration in India offers the owner. Also, it helps to build brand recognition and goodwill in the marketplace.
Trademark Registration Expenses
The trademark registration expenses can be divided into three parts:
- Application Fees For The Trademark Registration In India
Depending on the kind of application, the number of classes, and the method of filing, there are different costs for trademark registration in India. The fees can be paid both online or offline, and the payment can be made through cash or bank draft, or a cheque can be drawn on a scheduled bank or through electronic payments.
The Following Are The Costs For Filing Applications To Register A Trademark In India:
| Sr No. | On What Payable | Amount |
| 1. | For the New Application of Trademark – For Individuals/Small Business/ Startups | Physical- Rs. 5000/- E-filing- Rs. 4500/- |
| 2. | For the New Application of Trademark in all other cases (fee is for each class and for each mark) | Physical- Rs. 10,000/- E-filing- Rs. 9000/- |
It is crucial to remember that the fees described above only apply to the application itself. For other services, including renewal, opposition proceedings, and amendments, additional costs will be required. The cost of the opposition proceeding can be Rs. 3000/- for physical filing and Rs. 2700 for E-filing. Different costs are also given for the assignments and transfer of trademarks.
- Professional Fees
While it is not required to hire an attorney to file a trademark application, it is highly recommended. An attorney can assist in the search for existing trademarks, the preparation and filing of the application, and responding to the office’s actions. The professional fees vary according to the experience and the nature of the trademark application.
- Maintenance Fees/ Renewal Fees
To keep the registration of the trademark active, the trademark owner needs to pay the trademark renewal fee. The costs for renewing a trademark are Rs. 10,000/- for physical filing and Rs. 9000/- for E-filing.
Factors that Affect the Trademark Registration Expenses
There are many factors that affect the trademark registration expenses:
- Type of Trademark Application:
The type of application you file can significantly affect the cost of registering the trademark. The cost for trademark registration application is different for an individual, small business and startup. At the same time, all the other types of businesses have different costs of the application for the trademark application. If any individual or the company is planning to apply for a design mark, the additional cost of designing the mark can also be added.
- Number of Classes:
The number of classes for which the trademark application is to be made can also influence the cost of the trademark registration. Trademarks are classified according to the goods and services they represent, and fees are to be paid for each class and each mark. For example, if one company has clothing line and a consultancy firm both, in these cases; the trademark needs to be filed in two separate classes, which can raise the costs of the trademark application.
- Legal Fees
If the business/individual decides to hire a trademark professional to assist with the application of trademark registration, the legal fees of that particular professional should also be considered. Legal fees can vary depending on the nature of the application and the amount of experience of the legal professional who is hired.
- Opposition Proceedings
Other businesses or individuals may object to your application for trademark registration in specific instances. If this occurs, you may be required to engage in a lengthy opposition procedure. This includes hiring a professional to represent you before the Registrar or Court.
How to Prepare a Plan for Trademark Registration Expenses?
Budgeting is a vital component of any business operation, including trademark registrations. A well planned trademark registration can help the companies prepare for the charges and avoid unforeseen expenses that could derail their finances. A budget can also assist companies in more effectively allocating their resources, allowing them to prioritize trademark registration charges above other costs.
Any business that wants to protect brand identification must plan ahead and budget for the costs associated with the trademark registration. Do some cost research prior to beginning the trademark application process. This will give the applicant an idea of how much money they will need in advance, and they can make preparation for the same. This determination of how much money is needed for the procedure will act as a rough budget. Periodically trademarks must be renewed. While planning the trademark registration costs, be sure to consider these costs in advance. Keep thorough records of every expense related to the trademark registration procedure. This will enable you to keep track of your spending and, if necessary, make adjustments.
Conclusion
Trademark registration is a critical step in safeguarding your brand’s identity and reputation. While trademark registration may appear to be an expensive activity, the benefits far surpass the costs. You can budget successfully for the process if you understand the various costs related to trademark registration, such as application form fees, professional fees and other miscellaneous fees, as well as the factors that can influence these prices. It is crucial to remember that there are ways to cut the cost of the trademark registration, such as doing a comprehensive search before filing the application, limiting the number of classes you apply for, and employing an experienced attorney to guide you through the process.
Also Read:
Online Trademark Registration: A Detailed Guide
How Can You Apply For Online Trademark Registration In India?
An Overview On Document Required For Trademark Registration
