Trademark Registration in India: An In-Depth Guide on Costs, Price Comparison, Documentation, Process, and Timelines

Embarking on the journey of registering a trademark in India can be both exciting and daunting. This article will serve as your comprehensive guide, providing a thorough understanding of the costs involved, a comparison of prices, the necessary documentation, and the process and timelines involved in trademark registration in India.

Understanding the Costs and Price Comparison for Trademark Registration in India

Trademarks are symbols of uniqueness and identity, vital to safeguarding your brand. Registering a trademark in India involves several costs. These include the government fees, which stand at INR 4,500 for individuals, startups, and small enterprises, and INR 9,000 for other entities.

However, the overall cost is more than just the government fees. Professional charges also come into play, which can range from INR 500 to INR 15,000 depending on the complexity of the case and the reputation of the firm. Let's break down these costs further.

Trademark registration government fee

The trademark registration government fees is charged per class and is different for both e-filing and physical filings with the difference of ₹500 for individuals (proprietors) /startups & small enterprises (like MSME) and a difference of ₹1,000 for all other applicant types.

	e-filing	Physical filing
Applicant is an Individual (or proprietor) / Startup / Small Enterprise (like MSME)	₹ 4,500	₹ 5,000
In all other cases	₹ 9,000	₹ 10,000

The government fee for trademark registration is the same for filing a trademark application in either of the 5 trademark offices in Delhi, Mumbai, Chennai, Kolkata & Ahmedabad.

Trademark Professional fee

The professional fee charged for the trademark registration process varies a lot depending on whom do you work with. There is no standard pricing and some firms charge as high as ₹ 25,000 for filing a trademark application and some start at ₹ 2,000.

Here on SuperQuote.xyz, we have listed some reliable service providers for trademark registration. You can compare their prices and costs quickly and choose a service provider which is the best fit for your requirement.

Process Involved in Trademark Registration in India

The process of registering a trademark in India is systematic and involves the following steps:

1. Trademark search (optional) - Conducting a trademark search is optional but highly advisable. You can conduct a search on the Indian trademark office's website.
2. Trademark application preparation & filing - The first mandatory step in the trademark registration process is to prepare the trademark application and file it with the Indian Trademark office. Trademark filing step generally takes 1-2 days.
3. Trademark examination - Every application which is filed for registering a trademark in India will be examined by a trademark examiner. If the examiner has any objections against registering the trademark, a trademark examination report will be issued and a reply to the examination report has to be provided within 1 month.
4. Trademark publication - Generally, after the examination stage, the trademark application is published in an official trademark journal every Monday. Once the trademark is published it is open for third-party oppositions for a period of 4 months. Any third party who has any objection to the registration of the trademark can file a trademark opposition with such 4 months.
5. Trademark registration - If no oppositions are filed, the trademark application proceeds for registration. Trademark registration is valid for 10 years and then the trademark can be renewed every 10 years.

Timelines for Trademark Registration in India

The entire process of trademark registration in India can take anywhere from 6 to 18 months. While the government has endeavored to expedite the process, delays can occur due to various factors such as filing errors, objections, or backlog at the registry.

Details & documents required for trademark registration in India

The following details are required for filing a trademark application in India:

1. Name of the mark. If the mark is a logo, a soft copy of the logo.
2. Applicant name, address and nationality.
3. Goods/services for which the mark is used or proposed to be used.
4. Whether the mark is currently in use or proposed to be used.
5. If the mark is not in English, a translation will be required.

In addition to the aforementioned details, the following documents will be required for trademark registration in India:

1. Power of Attorney (POA) - To be provided on ₹100 stamp paper. Alternatively, it can be prepared on white paper and then franked for ₹100.
2. Applicant documents
   1. For Individual applicants - An identification proof (with photo & date of birth) - PAN card, Drivers licence, Aadhaar, Passport, Voter ID, etc.
   2. For partnership - Partnership deed
   3. For Company / LLP - Certificate of incorporate.
3. Affidavit - If the trademark is in use, an affidavit with date proof of use of the trademark is required. The affidavit will be prepared by the law firm filing your trademark application. You are required to provide a document confirming the date of use. No such affidavit is required if you are filing a proposed to use application.

Important facts and links about Trademarks in India

• Indian Trademark office
• Conduct a free trademark search in India
• Trademark application status check in India
• e-filing of trademarks in India - You need a digital signature for e-filing of trademarks.
• Registered Indian Trademark agents
• Trademark office phone numbers - +91-11-28032406/382
• Useful chrome extension for trademark professional - Dynolex

Conclusion

Registering a trademark in India is an intricate process that requires careful planning and execution. Understanding the costs involved, comparing prices, preparing the necessary documentation, and being aware of the process and timelines are vital in ensuring a smooth and successful registration.