Cost of Trademark registration in India

Cost of Trademark registration in India

INTRODUCTION

Trademark is defined in the Trademark Act, 1999 as, “trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours.” It is therefore a symbol of the identity of a brand. It can be a visual symbol, label, sign or design to represent a product by a manufacturer.
 

Since this is something that holds a lot of significance one needs to subsequently protect it. This is where the law plays its role and one registers their band name and logo. It is only after this registration that one can use them.

Sometimes when a trademark is already in use, the identical twin cannot be registered by the government. It cannot be passed and used by the company. Another limitation to the registration of a trademark is that the Geographical names, common names, common trade words and common abbreviations cannot be registered as a trademark.

Any trademark, whether it is a phrase or any other aspect such as colour combination, labelling, etc., should be easy to recall. It should not be too long or difficult to be easily forgotten. It can only be indicative of the product's quality, not descriptive, because it is illegal to contain adjectives like pure, outstanding, best, perfect, and so on. A good trademark should not be prohibited by the Trade Marks Act under the Prohibited classes of trademarks.

 

Since the process comes with so many restrictions one is likely to ask why should I register for a trademark at all?

Well, you do it for yourself. It is something that will make your company yours exclusively, and nobody could take that away from you. It will be your safety net, a protector of your brand standing after tireless nights and hardworking days. 

A trademark's primary function is to highlight the quality of a product or service to a customer or prospective customer.

Trademarks also aid in the identification of a company's products. It takes time to build goodwill. A well-known trademark is a representation of a company's promise to its clients. It may convey practically all information about a manufacturer.

Trademarks serve several purposes, including; identifying the origin and source of a product's quality followed by, Ensuring the quality standards are consistent and then providing effective advertising for the items which in turn increases the product's goodwill and image. The only drawback is that a trademark that is issued in India stays valid only in India and not globally.

 

Some examples of trademarks that can be registered in India are as follows; A fictitious term or arbitrary dictionary word or words that are not immediately descriptive of the quality of the goods/service. It can have Letters, numerals, or a mix of the two. Then one can definitely use personalized monograms. You can also go for symbols or devices and the shape of the items or their packaging or maybe signs in three dimensions.

The sound markings that are graphically depicted or one colour or a mix of colours with a word/device/symbol. In the end, any name which may be including the applicant's or predecessor's in business's personal or surname, or the person's signature that is commonly used in commerce as a mark.

 

A trademark can be applied for by any individual/business/proprietor.

To register for a trademark, any business/proprietor may apply to the Indian Patent Office in writing in an authorised way for registration. The application should include the trademark, the type of the goods/services, the applicant's name and address, and the duration of use of the mark. The application must be written in one of the two languages that are, English or Hindi. It should be submitted to the proper office.

The trademark application can be submitted in person at the relevant office's Front Office Counter or by mail. These can also be filed online using the official website's e-filing portal.

Well, the government charge for trademark registration is Rs.9000 per application per class for a corporation. Individual trademark registration costs Rs.4500 per application per class.


Written by: Rupam Banerjee