
TRADEMARK REGISTRATION FEE
Application for Trademark registration can be filed for Goods
& Services as categorized in 34 classes of goods & 11 classes of
services.
Separate Trademark registration application is required to be filed for each class i.e. if spices & garments are being manufactured, then one application is required to be filed under Class 30 for spices & one application required to be filed under Class 25 for garments.
Hence two separate applications are required and for filing each application fee has been prescribed under the law.
Under First Schedule of Trademark Rules, 2017 fee has been prescribed for various forms required to be filed under the Trademark Law.
Fee for filing forms i.e. Trademark application, modification, renewal, opposition, assignment, search certificate etc.
Also one form can be filed for different purpose & fee payable according to the purpose of filing form. Hence for same form different fee is prescribed for different purpose.
Now we can start with the fee payable on various event basis:
1. Fee payable for filing each application for Trademark Registration
Application
filing by |
Form
to be filed |
Physical
filing |
E-
filing |
Individual,
Proprietorship, MSME, Startup (LLP, Partnership, Company if registered under
MSME or Startup) |
TM-A |
Rs. 5,000 |
Rs 4,500 |
Other
than above mentioned |
TM-A |
Rs.
10,000 |
Rs. 9,000 |
2. Fee payable for Amendment in trademark application
Application
filing by |
Form
to be filed |
Physical
filing |
E-
filing |
Amendment
in trademark application, or Particulars of advertisement of a trademark to
Registrar under rule 41 by any applicant |
TM-M |
Rs. 1,000 |
Rs. 900 |
Application
filing by |
Form
to be filed |
Physical
filing |
E-
filing |
Notice
of opposition under section 21(1), 64, 66 or 73 or application for
rectification of register under section 47 to 57, 68, 77 or application under
rule 99, 103, 135,140 or On application under section 25 of Geographical
Indication of Goods (Regulations and Protection) Act, 1999 to invalidate a
trademark or counter statement related thereto. (Note: Fee is
for each class opposed or counterstatement filed by anyone) |
TM-O |
Rs. 3,000 |
Rs. 2,700 |
4. Fee payable for renewal of registration of a trademark under section 25 for each class.
Application
filing by |
Form
to be filed |
Physical
filing |
E-
filing |
For
renewal of registration of a trademark under section 25 for each class |
TM-R |
Rs.
10,000 |
Rs. 9,000 |
Renewal
of registration within 6 months of expiry of a Trademarks under section 25
(3) for each class. |
TM-R |
Rs. 5,000
Plus renewal fee as applicable. (Rs.
5,000 + Rs. 10,000 = Rs. 15,000) |
Rs. 4,500
Plus renewal fee as applicable. (Rs. 4,500
+ Rs. 9,000 = Rs. 13,500) |
Application
for renewal with surcharge/ restoration and renewal of a Trademarks under
section 25 (3), 25 (4) for each class. Renewal
after 6 months of expiry but upto 12 months of expiry. |
TM-R |
Rs. 10,000
Plus renewal fee as applicable. (Rs. 10,000
+ Rs. 10,000 = Rs. 20,000) |
Rs. 9,000
Plus renewal fee as applicable. (Rs. 9,000
+ Rs. 9,000 = Rs. 18,000) |
5. Fee payable for assignment or transfer for each trademark
Application
filing by |
Form
to be filed |
Physical
filing |
E-
filing |
On
application under section 45 to register a subsequent proprietor in case of
assignment or transfer for each trademark. |
TM-P |
Rs.
10,000 |
Rs. 9,000 |
6. Fee payable for application under rule 34 for expedited process of an application for the registration of a trademark
Application
filing by |
Form
to be filed |
Physical
filing |
E-
filing |
Where
the applicant is an Individual / Startup/Small Enterprise |
TM-M |
Not
allowed |
Rs. 20,000 |
In
all other cases (Note: fee is for each class and for each
mark) |
TM-M |
Not
allowed |
Rs. 40,000 |
7. Fee payable for request to include a trademark in the list of well- known trademark (Note: applicable fee is for one mark only.)
Application
filing by |
Form
to be filed |
Physical
filing |
E-
filing |
Request
to include a trademark in the list of well- known trademark (Note:
applicable fee is for one mark only.) |
TM-M |
Not
allowed |
Rs. 1,00,000 |
8. Fee
payable for application for registration of a person as a trademark agent under
rule 147 & 149.
Application
filing by |
Form
to be filed |
Physical
filing |
E-
filing |
On
application for registration of a person as a trademark agent under rule 147
& 149. |
TM-G |
Rs. 5,000 |
Rs 4,500 |
For
continuance of the name of a person in the Register of a trademark Agents
under rule 150 for every Five year to be paid on or before 1st day of
succeeding financial year. |
TM-G |
Rs.
10,000 |
Rs. 9,000 |
On
application for restoration of the name of a person to the Register of
trademarks agents under rule 153 within 3 years from the date of removal of
registration. |
TM-G |
5,000
Plus continuation fee as mentioned above. (10,000+
5000 = 15000) |
4,500
Plus continuation fee as mentioned in above. (9000+4500
= 13,500) |
Application
for an alteration of any entry in the Register of trademarks Agent under rule
154. |
TM-G |
Rs. 1,000 |
Rs. 900 |
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DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR
ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN
TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT
INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE
CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR
INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING
INITIATIVE.
ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM
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