New Trademark Fees Rules

New Trademark Fees Rules

New Trademark Fees Rules

Trademark Registration is a tedious process that may even take up to 2 years. But the Government has amended certain provisions. It has introduced new rules, that is, Trademark Rules, 2017 that has replaced the Rules of 2002. This has been done to streamline the registration process and speed it up considerably. These New Trademark Fees Rules are not only simpler but also pave way for smoother and faster registrations. With introduction of new rules trademark registration fees has also been increased.

Increase in trademarks registration fee

Trademarks Rules, 2017 has not only made the process easier and quicker but it has also increased the fees. Now trademark application has become costlier. For online trademark registration, ₹9,000 fee will be charged but for physical filing the fees is ₹10,000.

For small companies, startups and individuals the fees levied will be ₹4,500 for online filing and ₹5,000 for physical filing. Small enterprises are manufacturing or production entities that have investment in Plant and Machinery less than the amount specified for medium enterprises, which is presently ₹10 lacs, in Micro, Small and Medium Enterprises Development Act, 2006. 

Similarly, for enterprises or companies involved in rendering of services, they must have an investment in equipments lower than that of medium enterprises, that is, ₹5 crores as specified by MSMED Act, 2006.

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Expedited Registration

The Government has also introduced new expedited process of trademark registration that will cost you ₹20,000 if you are an individual or have a startup or small enterprise. Rest will be charged ₹40,000 for expedited registration.

Trademark renewal

According to Trademarks Act, 1999 trademarks must be renewed every 10 years. For renewal you'll be charged ₹9,000 for online filing and ₹10,000 for physical filing. For restoration of trademarks equal amount will be charged as that of renewal.

Fee for trademark rectification

The fees for rectification of trademark done via online is ₹2,700. For physical filing the charge is ₹3,000. Likewise, the fee for trademark opposition is again ₹2,700 and ₹3,000 for e-filing and physical filing respectively.

The Government has increased the fees but it has also quickened the registration process. With expedited registration you can own a trademark under your name within months.

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How can I Register Under Startup India ?

How to Register Under Startup India?

How to register under startup India?

Modi Government has always motivated budding entrepreneurs to take initiative and start a venture of their own. To give them a platform our Prime Minister launched StartupIndia initiative on 16th January, 2016. The initiative provides a free-of-cost platform to all the entrepreneurs who wish to start their own venture but cannot find the starting point. The Government is promoting startups and asking youngsters to come forward with their ideas. Listening How to register under startup India?

The Government is genuinely interested in helping startups. Along with a platform where you can share ideas, talk to experts, incubators, other entrepreneurs, venture capitalists the StartupIndia initiative provides you a corpus fund of ₹10,000 crore. You can get single window clearance without any red tape. Then there is exemption on capital gain tax, income tax for 3 years, 90-day exit window, discount in trademark registration fee etc.

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Whats considered a startup

A startup is a company or partnership firm or limited liability partnership that is not more than 5 years old since its incorporation or formation. Within these 5 years its annual turnover must not exceed ₹25 crores. To be considered a startup it must work on an innovative idea, development of new product, process or intellectual property. It must be funded either by Government or incubator/ fund recognized by the Government of India.

Registration procedure

There are two methods by which a startup can get itself registered under StartupIndia initiative. Under the first method an individual can form and register an entity with appropriate authorities, say Registrar of Companies or Registrar of Firms through existing incorporation processes. Then it can register itself at StartupIndia website or Mobile App.

Another way of registration is to go to StartupIndia website or app and registering your company through the portal. This has not yet started but will soon be introduced in the second phase of the initiative. You'll need to login to the portal and choose the type of entity you wish to register. Then you'll need to furnish details like incorporation number, PAN details, name of directors etc. along with various documents.

Once the application is filled and approved, you will be able to avail benefits of StartupIndia. 

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What is the Process of Trademark Registration in India?

Process of Trademark Registration in India

What is the Process of Trademark Registration in India?

In India trademarks are registered under TradeMarks Act, 1999. A trademark is a unique mark which once registered with the Trademarks Office provides exclusive rights of use to the proprietor. The mark can either be a name, logo, word, letter, signature, number, alphanumeric, sound, design, pattern, or a combination or words, letters, designs, numbers, sounds and patterns. Once the availability of the mark is finalized the proprietor can begin the process of trademark registration in India.

Trademark registration is not mandatory but it is advisable as it lends credibility to the brand in making. Until your trademark is registered you can use TM as a superscript and once its registered you can write R in a circle on top of your mark in the right hand corner. There are 45 pre-existing classes and registration of a mark is only done in its relevant class.

Registration process

Trademark registration can be done in any of the five offices around India either online or through a lawyer. The registration process involves filling an application form which asks you to quote the class under which mark is to be registered along with the mark to be registered, name and address of the applicant/ proprietor, description of goods and service and trademarks used since date.

Upon filing the application form, an allotment number will be provided to you within one or two working days. Registration of trademark is a tedious process and can even take upto 2 years. Trademarks registered under the Act are valid only in India and if one wants to get international registration it must be done as per Madrid Treaty.

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Registration period

As per the Act, trademarks are registered for a maximum period of 10 years. Upon completion of the term one must get it renewed. Every renewal is done for a period of 10 years and there is no bar on the number of renewals.

Once a trademark is registered the notice is published in the Trademarks Journal. If there is no objection within 90 days of publication the trademark will be registered in the name of proprietor within the next 12 weeks.

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How to Get Trademark in India?

How to get Trademark in India

In India trademarks are registered under TradeMarks Act, 1999 which came into effect from 15th September, 2003 onwards. But what exactly are trademarks? Have any idea? How to get Trademark in India, A Trademark is a unique or distinct

  • signature,
  • name,
  • number,
  • logo,
  • design,
  • pattern,
  • slogan,
  • sound,
  • shape,
  • alphanumeric number,
  • letter or
  • a combination of either or all the above

that can only be used by the proprietor once it gets registered with the TradeMarks Office. For instance, the half eaten apple is the trademark of Apple Inc. which manufactures products like iPod, iPhone, MacBook Air etc. Similarly, pouncing cat is the logo of Puma.

Why is trademark registration important?

A trademark allows businesses to get recognition. It helps them create a brand name for themselves. A trademark once registered provides exclusive right of use to the proprietor. Upon registration the trademark cannot be used by anyone else except for the proprietor. The use of a trademark without prior permission of its proprietor is punishable by law. For example, if a clothes manufacturer uses Adidas’ name without the company’s permission then it is committing theft and fraud. Thus he is liable to be punished by law.

Trademark registration in India is not mandatory but if you have a brand name then it is better to get it registered under the Act to prevent copying, misuse etc.

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Search through TradeMarks database

Trademark registration process is tedious and time-consuming. It is a lengthy process that might even take up a couple of years. Before you start trademark registration process you must search  through Trademarks database to check availability of trademark. One can only get a trademark registered if its unique and hasn’t been registered before. For instance, if you wish to register logo of half eaten apple or a similar to one Apple Inc. uses, you cannot do that as it is already registered under someone else’s name.

Nowadays Government is quite particular about registering trademarks and ensures that there is least similarity with already registered ones to prevent any and every sort of infringement and fraud. Upon searching through the database if you are confident that the trademark is not yet registered begin the registration process. You can conduct the search either online by visiting TradeMarks website or visiting any of the TradeMarks Office.

Apply for trademark registration

The first step towards getting your trademark registered is applying for it in Form TM-1. The form can either be submitted at any of the 5 TradeMarks Offices depending upon the jurisdiction or filled online by logging on to TradeMarks Registration website. The application must contain information about the trademark you wish to register along with the class under which it falls. You must also fill in name of the proprietor along with full address. You are also required to describe the nature of goods or service the trademark is being registered for. Lastly, you must mention the date since trademark is being used. The application must be submitted along with registration fee.

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Examination of application

Once application is submitted with the TradeMarks Office, an allotment number is provided to the applicant. Upon submission of application with the Registrar, it is sent for verification under Vienna Codification. Once that is done, application is forwarded to the TradeMarks Officer for examination. The Officer upon verification of details issues a report, which can be with our without objections.

If the report carries objections, proprietor can make written representations in front of the Officer. If the Officer agrees with the representation and is satisfied with the explanations, the application is finalized. But if he is not, then proprietor can further appeal to Intellectual Property Appellate Board for a formal hearing.

Publication in Trademark Journal

Upon acceptance of application of trademark registration by the Registrar, the notice is published in the TradeMark Journal. If no objection is received within 90 days of publication of notice, the trademark is registered in the name of the proprietor. The TradeMarks Office then hands over the certificate to the applicant making him its proprietor.

A trademark is registered for a maximum period of 10 years upon completion of which it must be renewed. There are no limits on number of renewals but every renewal is done only for a period of 10 years.

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