Trademark Fee - Trademark Rules, 2017

The Government of India on 6th March, 2017 replaced the Trade Marks Rules, 2002 with the Trademark Rules, 2017 to streamline for process for trademark registration in India. The new rules reduces the number of trademark forms and simplifies the trademark filing process, while increasing the government trademark filing fee substantially for corporate entities. In this article, we look at the Trademark Rules, 2017 and the trademark filing specified in the new rules.

Trademark Fee for New Applications

The application fee for new trademark registration or collective mark or certification mark or series of trademark for specification of goods or services included in one class has been increased to Rs. 9000 for E-filing and Rs.10,000 for physical filing. A reduced fee of Rs. 4,500 for E-filing and Rs.5,000 for physical filing has been prescribed for individuals, startups and small enterprises. As per the Trademark Rules, 2017, a small enterprise means: In case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit specified for a medium enterprise under clause (a) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006. - As per the Act, the limit specified for manufacturing units is Rs.10 crores. In case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit specified for a medium enterprise under clause (b) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act. - As per the Act, the limit specified for service sector units is Rs.5 crores. Know more about MSME registration. As per the Trademark Rules, 2017, a startup means: An entity in India, recognised as a startup by the competent authority under Startup India initiative. In case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation/registration as per Startup India Initiative and submitting declaration to that effect. As per the Trademark Rules, 2017, an individual means: A sole proprietor or an individual. i.e., not a corporate body or partnership firm or LLP or other types of legal entity.

Expedited Process for Trademark Registration

The Government has also introduced a new expedited process for trademark registration under Rule 34. Only e-filing of application is allowed under expedited trademark processing. The government fee for expedited trademark processing is Rs.20,000 for individuals, startups and small enterprises. For all other entities, the fee for expedited trademark processing is Rs.40,000.

Trademark Fee for Opposition or Rectification

The fee for 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, 140 the fee is Rs. 2700 for E-filing and Rs.3000 for physical filing.

Trademark Fee for Renewal

The trademark fee for renewal of an existing trademark registration is Rs.9000 for e-filing and Rs.10,000 for physical filing.

Trademark Fee for Restoration and Renewal

In case a trademark registration has elapsed, then an application for restoration and renewal must be filed under 25(3), 25(4) for each class. For such applications, the trademark restoration and renewal fee would be Rs.18,000 for e-filing and Rs.20,000 for physical filing.

Trademark Fee for Search Certificate

The trademark fee for issue of search certificate is Rs. 9000 for e-filing and Rs.10,000 for physical filing. In case of expedited issue of search certificate, the fee would be Rs.30,000 under e-filing.

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