Friday 4 September 2020

Trademark Registration Fee






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

 

 3.     Fee payable for Notice of opposition


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

 

Mobile App to Manage Warranty Documents

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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