How to Calculate the Total Cost of Trademark Registration in India: Factors to Consider

Trademark registration in India is a mandatory process for gaining exclusive rights over a symbol, logo, or brand name in order to safeguard it against unauthorized use. Whether you are an individual business owner, a startup, or a business organization, learning the process for trademark registration in India is important to protect your brand identity. The trademark registration process includes various steps from completing a search of trademarks and submission of the application to examination, publication, opposition (if any), and ultimate registration.

One of the most popular concerns with applicants is the trademark registration cost in India, including Government fees for trademark registration and other trademark registration expenses like professional or legal fees. Trademark filing fees and Trademark application fees in India differ based on parameters such as the type of applicant (individual/startup/company), the number of classes chosen, and the method of filing (online or physical).

The following article presents a step-by-step description of the trademark registration procedure in India, a segmentation of the fee structure at every level, and an illustrative cost example so that businesses and individuals know how to plan accordingly. Filing your first mark or dealing with renewals, this is a guide that will assist you through each stage of the financial and procedural requirements.

TMWALA can help you understand the process and let you be informed regarding the cost and other required things at each step.

STEPS FOR TRADEMARK REGISTRATION IN INDIA

Trademark Registration Cost in India can be calculated as the total cost of each step of registration. Let’s discuss the professional fee at each step with the government fees in India.

1. TRADEMARK SEARCH

It’s advisable to conduct or perform a trademark search before starting the registration process to make sure the desired mark isn’t already registered or pending registration. This step helps avoid potential conflicts and objections later.

Cost: No official fee.  Nevertheless, fees may be incurred if you hire a professional or a lawyer for this service. That can be anywhere between ₹500 to ₹2,000.

Having the right search is essential to avoid future disputes. Contact TMWALA to get your trademark search report.

2. FILING THE TRADEMARK APPLICATION (FORM TM-A)

The application can be filed in person,i.e., physically or online. Trademark application fees in India are based on the type of business, whether it is Individuals, Startups, or Small Enterprises:

• Online Filing: ₹4,500 per class
• Physical Filing: ₹5,000 per class

Others (e.g., Companies, LLPs):

• Online Filing: ₹9,000 per class
• Physical Filing: ₹10,000 per class

Filing in multiple classes requires payment for each class separately. The professional fee can vary between ₹2,000 to ₹ 10,000 per class.

3. EXAMINATION OF THE APPLICATION

Upon filing, the application is reviewed to ensure that it complies with the legal requirements and does not conflict with any already existing trademarks.

Cost: No official fee. However, if the examiner objects, you might need legal help or legal assistance to respond.

4. REPLY TO EXAMINATION REPORT

If there are objections, the applicant must reply within the stipulated time frame.

Cost: No official fee. Legal fees may apply if professional assistance is sought, which would cost extra. That can be somewhere between ₹2,000 to ₹ 10,000 per class.

5. SHOW CAUSE HEARING

If the response to the examination report isn’t satisfactory, a hearing may be scheduled.

Cost: No official fee. Engaging an attorney for representation may incur costs. It can potentially start at ₹10,000 but differ as per the case.

6. PUBLICATION IN THE TRADEMARK JOURNAL

Third parties can challenge the registration after the trademark is accepted and published in the journal.

Cost: No official fee for publication. However, if an opposition is filed, additional costs may arise.

7. OPPOSITION PROCEEDINGS

If a third party opposes the trademark, the applicant must defend their application.

Cost:

• Filing a Notice of Opposition (Form TM-O): ₹2,700 per class
• Filing a Counter-Statement (Form TM-O): ₹2,700 per class

Legal representation during opposition proceedings will incur additional fees. The professional fee can range from ₹ 10,000 to ₹50,000, depending on the case.

Filling an opposition or counter statement is an expert’s work, and TMWALA does that for you. Contact us to know the details.

8. REGISTRATION AND CERTIFICATE ISSUANCE

The trademark proceeds to registration if there is no opposition filed or if the opposition is decided in the applicant’s favor.

Cost: No official fee for issuance of the registration certificate.

9. RENEWAL OF A TRADEMARK

After the date of registration, trademarks are valid for ten years, after which they can be renewed indefinitely.

Cost:

• Online Renewal (Form TM-R): ₹9,000 per class
• Physical Renewal (Form TM-R): ₹10,000 per class

professional fee for representation can range from ₹5,000 to ₹20,000 or more, depending on the case.

Late renewal (within six months after expiry) attracts an additional fee of ₹4,500 per class.

10. OTHER MISCELLANEOUS FEES

Various other actions related to trademark registration have associated fees:

EXAMPLE: TOTAL COST OF TRADEMARK REGISTRATION WITH RENEWAL

Shreya, an individual entrepreneur, wants to register her fashion brand in 2 classes, does online filing, receives an objection, files a response, gets published, faces no opposition, and then renews her mark after 10 years. Let’s see her trademark registration expenses.

Consolidated fee structure:

CONCLUSION

It is vital for any enterprise or individual wanting to register their brand identity lawfully to know about the trademark registration process in India. From the initial step of trademark search to renewal after ten years, every step needs well-thought-out planning and knowledge of the procedural as well as financial matters.

Among the most critical factors is the trademark registration cost in India, which not only covers government fees for trademark registration but also professional fees that can be applicable at different stages. The trademark registration process in India includes several stages, like filing, examination, potential objections, publishing, and finally, registration. All these phases can have certain trademark registration fees, especially when they include legal professionals.

The trademark application fees in India and trademark filing fees in India differ depending on the status of the applicant (individual, startup, or company), the number of classes for which protection is being applied for, and whether submission is online or physical. Applicants may also want to plan for possible opposition, hearing, and renewal costs, particularly in case protection under multiple product or service categories is desired.

By being well aware of the entire process and the cost framework, companies and individuals can take more reliable and strategic decisions about trademark protection. Effective budgeting and timely action can make registration effortless and provide longer-term legal protection for the brand.

Author: Suhani Sharma

TMWALA can assist through the entire process from filling trademark application to filling renewal, our team of experts got it all. Contact us to get your trademark registered.

For the most accurate and updated information, it is advisable to always refer to the official IP India website: https://ipindia.gov.in/form-and-fees-tm.htm