Trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions. It is important because it differentiates your products from the competitions. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore are protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999
To get the protection of trademark rights one has to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Trademarks help the customers to recognize the brand and the brand value in one look such as the logo of a tick sign for Nike or a jumping wildcat for Puma etc.
Unlike patents, trademark does not have a definite limitation period. Where a patent expires in 20 years a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for another 10 years. This process can be indefinitely done, meaning as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.
In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered. Any individual, a company and an LLP can be an applicant and may file the application for the registration of the particular trademark.
The minimum documents and information which are required for filing a filing trademark application in India is as follows:
A trademark may be divided into the following categories:
1. Product Mark:
A product mark is similar to a trademark. The only difference is, it refers to trademarks related to products or goods and not services. It is used to Mark.
2. Service Mark:
A product mark is similar to a trademark. The only difference is, it refers to trademarks related to products or goods and not services. It is used to Mark.
3. Collective Mark:
These are the trademarks used by a group of companies and can be protected by the group collectively. Collective marks are used to inform the public about a particular characteristic of the product for which the collective mark is used.
4. Certification Mark:
It is a sign indicating that the goods/services are certified by the owner of the sign in terms of origin, material, quality, accuracy or other characteristics.
5. Shape marks:
According to the Indian Trademarks Act, 1999, a trademark may also include the shape of goods, their packaging, so long as it is possible to graphically represent the shape clearly.
6. Pattern Mark:
These are the marks consisting of a pattern which is capable of identifying the goods or services as originating from a particular undertaking and thus distinguishing it from those of other undertakings. Such goods/services are registrable as Pattern Marks.
7. Sound Mark:
Sometimes, the sound that plays in the advertisement becomes so well known that when people hear it they immediately know what product/service it refers to. In such cases, the sound may be regarded as a trademarkand is eligible for registration.
| Entry No | On what payable | Amount in INR. | Corresponding Form Number | |
| For Physical filing | For Physical filing | |||
| 1 | Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes. | |||
| Where the applicant is an Individual / Startup/Small Enterprise | 5,000 | 5,000 | ||
| In all other cases (Note: Fee is for each class and for each mark ) | 10,000 | 9,000 | TM-A | |
| 2 | On a 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). | 3,000 | 2,700 | TM-O |
| 3 | For renewal of registration of a trademark under section 25 for each class. | 10,000 | 9,000 | TM-R |
| Application for renewal with surcharge of registration of a Trademarks under section 25 (3) for each class | 5,000 Plus renewal fee applicable under entry 3 | 4,500 Plus renewal fee applicable under entry 3 | ||
| Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class | 10,000 Plus renewal fee applicable under entry 3 | 9,000 Plus renewal fee applicable under entry 3 | ||
| 4 | On application under section 45 to register a subsequent proprietor in case of assignment or transfer for each trademark | 10,000 | 9,000 | TM-P |
| On application for: Certificate of the Registrar under section 40(2), or For approval of the Registrar under section 41, or Direction of the Registrar for advertisement of Assignment without goodwill under section 42, or Add or alter a registered trademarkunder section 59(1) for each trademark, or Conversion of specification under Section 60 for each trademark. | 3,000 | 2,700 | ||
| On application for: Extension of time for applying for direction under section 42 for advertisement of assignment | 2,000 | 1,800 | ||
| without goodwill, or Extension of time for registering a company as subsequent proprietor of trademarks under section 46(4),or Consent of Registrar to the assignment or transmission of a certification trademark under section 43, or Change a name and / or description of a registered proprietor or a registered user of a trademark under section 58 for each trademark | ||||
| On application for: Dissolution of association between trademark sunder section 16(5), or Change in address or address for service in India of Registered Proprietors under section 58 for each trademark, or Request for cancellation of an entry in the register or part thereof under section 58 for each trademark. | 1,000 | 900 | ||
| 5 | Application under section 49 to a registered user of a registered trademark in respect of goods or services Or On application under clause (a) of sub-section (1) of section 50 to vary the entry of a registered user of one trademark where the trademarks are covered by the same registered user in respect of each of them Or On application under clause (b), (c) or (d) of sub-section (1) of section 50 for cancellation of entry of a registered user of one trademark Or On notice under rule 95 (2) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trademark (Note: applicable | 5,000 | 4,500 | TM-U |
| 6 | Request for search and issue of certificate under rule 22(1) | 10,000 | 9,000 | TM-C |
| Request for an expedited search and issuance of certificate under rule 22 (3) | Not allowed | 30,000 | ||
| 7 | On application for: Extension of time, or Certified copy, or Duplicate Registration Certificate, or inspection of document,or Particulars of advertisement to registrar, or seeking grounds of decision of Registrar, or Enter in the register and advertise a note of certificate of validity under rule 127, Amendment in trademark application, or Particulars of advertisement of a trademark to Registrar under rule 41. | 1000 | 900 | TM-M |
| On application for: Deposition of regulation of collective trademark under section 66 or alteration of regulation of certification trademark under section 74 (2), or Seeking Registrar preliminary advice, or For division of an application. | 2,000 | 1,800 | ||
| On application for: Review of Registrar’s decision, or Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding, or Any other | 3,000 | 2,700 | ||
| matters not covered in other TM forms. | ||||
| On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of the documents under proviso to rule 122 (Note: for entry in respect of each registered trademark or for each document) | 5,000 | 4,500 | ||
| On application under rule 34 for expedited process of an application for the registration of a trademark | ||||
| Where the applicant is an Individual / Startup/Small Enterprise | Not allowed | 20,000 | ||
| In all other cases (Note: fee is for each class and for each mark) | Not allowed | 40,000 | ||
| Request to include a trademark in the list of well- known trademark(Note: applicable fee is for one mark only.) | Not allowed | 1,00,000 | ||
| 8 | On application for registration of a person as a trademark agent under rule 147 & 149. | 5,000 | 4,500 | TM-G |
| 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. | 10,000 | 9,000 | ||
| year to be paid on or before 1st day of succeeding financial year. | ||||
| 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. | 5,000 Plus continuation fee as mentioned in entry number 20 | 4,500 Plus continuation fee as mentioned in entry number 20 | ||
| On application for an alteration of any entry in the Register of trademarks Agent under rule 154 | 1,000 | 900 | ||
| Handling fee for certification and transmission of international application to International Bureau with MM2(E) | Not allowed | 5,000 | ||
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