How to get a trademark in India?
Trademark in India
A Trademark in India is a distinctive sign capable of distinguishing the goods and services of one business from that of another.
A trademark/logo is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or an enterprise. The function of a trade mark is to distinguish the goods and/or services of one source from the goods and/or services of another source in the same sector.
A business adopts trademarks not only to identify and distinguish their goods and services from others but also to imply their source of origin as being from that business.
How much does it cost to get a Trademark Registration in India?
What is Trademark Registration in India?
Trademark registration in India is intellectual property protection over a name, symbol, figure, letter, word, logo, number, phrase, picture, packaging, slogan, devices, shape, configurations, patterns, ornamentation, color combinations, containers for goods, or any combination of these.
Trademark registration in India is mostly on a first come-first-serve basis. Hence, registering your trademark at the earliest is always considered prudent so that no one can register your trademark and claim its use besides you.
How to file an application for Trademark in India?
An application for Trademark Registration in India consists of details of the applicant, list of goods and services for which the mark is to be used, and a clear image of the mark.
An affidavit is also needed if an earlier usage of the mark is to be claimed.
A POA from the applicant accompanies the application.
These documents need to be in ENGLISH.
Official fee for Trademark Registration in India
The official filing fee for ONE mark in ONE class is:
| Applicant Type | Indian Rupees | US Dollars |
| Individual/Start-Up Firm | 4500 | 75 |
| Large Firm/Foreign Firm | 9000 | 150 |
Attorney fee for handling a Trademark Registration in India
Action based fee
- Attorney fee for preparing and filing a Trademark application in India
- Additional fee for responding to office actions
- Additional fee for preparing evidences and arguments
- Additional fee for attending hearings with the examiner
Capped Flat fee
- Attorney fee for preparing and filing a Trademark application in India
- No further fee for responding to office actions
- No further fee for preparing evidences and arguments
- No further fee for attending hearings with the examiner
| Click here: Fee for INDIAN applicants in Rupees. |
Requirements for filing an application for Trademark in India:
- The name, address, and nationality as well as the type of applicant is to be mentioned. Different fee applies if the applicant is an individual, group of individuals, a partnership firm or a company. For a partnership firm, the names of all the partners are required, and if the applicant is a company, then its home country and the state of incorporation is also to be disclosed.
- A list of goods and/or services for which the mark is to be used.
- The image of the mark in PDF/JPG format.
- If the mark contains or consists of non-English words, a translation of those words into English is required.
- If the application is to claim priority from an earlier filed convention application, details of that earlier application are also required (application number, filing date, country, and goods/services). A certified priority document or its duly notarized copy is to be submitted. If the certificate is not in English, then a certified/notarized English translation is also required. If it is not readily available, the application can be initially filed based on the basic application number, date of the application, and country of the application.
- A copy of the priority document can be submitted within 1 month from the filing date of the application.
- Affidavit mentioning the date of first use of the trademark in India, if an earlier usage is claimed.
- Power of attorney is to be simply signed by a foreign applicant (no legalization or notarization is required). For Indian applicants, power of attorney to be executed on 100 Rupees stamp paper. The power of attorney is not required at the time of filing the application and can be submitted later with no additional cost.
Do note that:
A claim of earlier usage must be filed along with the application, failure to do so would result in the claim deemed to be fresh.
Absolute and relative grounds for refusal of a Trademark registration in India
- The refusal is often under S 9(1) (a) of the Trade Marks Act 1999, if the mark is descriptive or non-distinctive as such that it is not capable of distinguishing the goods and services of one business from others, or is something that indicates kind, quality, quantity, intended purpose, values, geographical origin of the product.
- The refusal is also often under S 11 (1) of the Trade Marks Act, 1999, if the mark is identical with or similar to earlier marks in respect of identical or similar goods and services, and due to this there exists a likelihood of confusion on the part of the public.
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This article has been written by
Trademark attorney in India
I, Mahesh Bhagnari, am the Managing Principal of the firm:
- I am an Attorney at Law with Bar Council Registration № MAH/1574/2003.
- I am licensed to practice at the Intellectual Property Office as a Patent attorney in India and Design attorney in India with Registration № IN PA 1108.
- I am licensed to practice as a Trademark attorney in India with Registration № 10742.
- I have more than eighteen years of professional experience working in the field of Intellectual property.
You can instruct us by sending an email or calling the phone number mentioned below:
Phone: +91.9860588440
email: info@bhagnari.com
You may make a phone call between 11:00 am and 11:00 pm India time.
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