“A brand is the set of expectations, memories, stories and relationships that, taken together, account for a consumer’s decision to choose one product or service over another.” – Seth Godin

Information Bank

Trademark

Trademark Application & Filling cost

Trademarks are text based or graphically represented marks that help people identify the company or person which produces the goods/services and such marks can be registered under the Trade Marks Act, 1999, with the Trademark’s Registry by paying the prescribed fees. An individual can file an application for multiple classes and series of Trademarks, or collective Trademarks. An application for a Trademark can be made through e-filing or through physical filing with the Office of Trademarks by filing the TM-A form. 

Applicants need to be cautious while filing the form as any mistake in the form may cause delay or even rejection of application at times. Confirmation of filing is immediately done when the mode is online, whereas, when application is made physically, it takes up to 20 days to receive confirmation.

The Trademark Application must consist of the following details:-

  1. The Name and Address of the Trademark’s Applicant.
  2. The nature of the Applicant’s Entity.
  3. Name and Address for correspondence i.e., the details of the agent or the Attorney must be mentioned.
  4. Drawing or Audio of the mark, if it is not a word or a phrase mark 
  5. A clear description of the Mark
  6. A complete list of goods and services that will be covered under the mark.
  7. The first date to use the mark and a specimen of use of mark along with the user Affidavit.
  8. A verified statement or declaration signed either by the Applicant or by the authorized representative of the Applicant.

Fees and Filing Charges

Fees for application of Trademark are classified in certain categories.

  • For an individual, small enterprise or a start-up, the fees for e-filing of form is Rs. 4,500 and for physical filing of form is Rs. 5,000.
  • For any other class, the fees for e-filing a form is Rs. 9,000 and for physical filing of form is Rs. 10,000.

Once the Applicant has received the confirmation for filing of the application, they receive an allotment number which is known as the “Application Number”. Applicants can check the status of their application online at any time by keying in the allotted application number. Once the application has been filed, the Applicant can use the TM symbol on their brand name. However, the “R”symbol should only be used once the trademark registration comes through.

Additionally it must be noted that it may take up to a year for a Trademark to be registered after following all due procedures at the Registry’s end. For more information on TM Filing, contact us on [email protected]