By Achyutha Bharadwaj, Flywork.io Team, Flywork.io.
Trademark is one of the commonly used IPs by businesses around the world. Here is a brief overview of the registration of a trademark in India and its cost.
Trademark is essentially a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others. In India, registration of trademarks is not compulsory. As regards unregistered trademarks, some aspects are governed by the Act while others are still based on common law. Whereas, in respect of a trademark registered under the provisions of the Act certain statutory rights have been conferred on the registered proprietor which enables them to sue for the infringement of the trademark.
Registration of a trademark
Following are some of the key points pertaining to the registration of a trademark in India:
- Section 25 of the Act states that the registration of a trademark shall be for a period of 10 years, but maybe renewed from time to time. The renewal shall be for a period of 10 years from the date of expiration of the original registration or of the last renewal of registration.
- As per Section 18 of the Trade Marks Act, 1999, any person claiming to be the proprietor of a trademark used or proposed to be used by him shall apply in writing to the Registrar for the registration of his trademark.
- A single application may be made for the registration of a trademark for forty-five different classes of goods and services. The proposed mark must be novel and original in nature, it must belong to a particular class specified in the Fourth Schedule of the Trade Marks Rules, 2002.
- It must be ensured that the mark chosen has not been used before, i.e., there must not be any similar names or duplicates. One can use the website, https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx# to make the search and find out whether the mark is one of a kind.
- Every application shall be filed in the office of the Trade Marks Registry, or Trademark Registrar Office in India, along with the registration fees and legal documents. The Office shall verify the originality and issue the certificate of trademark registration as it sees fit, to the owner.
- Trade Marks Act provides for absolute grounds for refusal of registration and relative grounds for refusal. Sections 9 and 11 of the Act, which forbids registration of certain trademarks, apply to trademarks that otherwise would have been registrable.
Cost of Registration
The fees, as mentioned under Rule 10 of the Trade Marks Rules, 2017, maybe paid either electronically, in cash, or through a money order. The First Schedule of the 2017 Rules mentions the cost of filing for a trademark in India. The application of a trademark costs 4500 INR in case of online filing (e-filing) for Startups, Individuals, and SMEs, while it is 9000 INR for others, whereas physical filing is 5000 INR and 10000 INR respectively. It is to be noted that the above-mentioned charges are over and above the professional charges involved in the process of registration.