The time period for trademark registration in India typically takes around 18 to 24 months from the date of filing the application. However, it’s important to note that the actual time period may vary depending on various factors such as the workload of the trademark office, the complexity of the application, and any legal objections or oppositions raised by third parties.
During the trademark registration process, the trademark office examines the application, conducts a trademark search, publishes the trademark in the trademark journal, and allows for a period of time for any third-party oppositions. If there are no oppositions or objections, the trademark is registered, and a registration certificate is issued. The registration process can be complex and time-consuming, which is why it’s recommended to hire a trademark attorney to ensure that the application is filed correctly and that the trademark is adequately protected.
The cost of trademark registration varies depending on various factors such as the type of application, the number of classes of goods or services, and the mode of application (online or offline). Here’s a breakdown of the costs involved in trademark registration in India:
- Trademark Search: Before filing a trademark application, it’s recommended to conduct a trademark search to ensure that the proposed mark is not already registered or pending for registration. The cost of a trademark search varies depending on the service provider, but it usually ranges from Rs. 500 to Rs. 2,500.
- Trademark Application: The cost of filing a trademark application in India depends on whether you choose to file it online or offline. The government fee for filing a trademark application online is Rs. 4,500 for a single class of goods or services. If you file the application offline, the fee is Rs. 5,000 for a single class. If you wish to file for multiple classes, additional fees are applicable.
- Trademark Attorney Fee: While it’s not mandatory to hire a trademark attorney, it’s highly recommended to ensure that your application is filed correctly and that your trademark is adequately protected. The attorney fees may vary depending on the service provider, but it usually ranges from Rs. 5,000 to Rs. 15,000.
- Trademark Registration Certificate: If your application is approved, you’ll need to pay the government fee for the issuance of the trademark registration certificate. The fee is Rs. 10,000 for a single class of goods or services.
It’s important to note that the above costs are subject to change, and additional fees may apply depending on the complexity of the application and any legal issues that may arise during the registration process. Therefore, it’s recommended to consult with a trademark attorney to get an accurate estimate of the total cost of trademark registration.
The process of trademark registration in India involves the following steps:
- Trademark Search: Conduct a comprehensive search of the trademark database to ensure that your proposed trademark is available for registration.
- Filing the Trademark Application: Once you have determined that your trademark is available, file a trademark application online or offline with the Indian Trademark Office. The application must include all relevant details, such as the applicant’s name, address, and description of the goods or services.
- Examination of Application: After filing the application, the Trademark Office will conduct a formal examination of the application to ensure that all the necessary details are included and that the application meets the legal requirements for registration.
- Publication of Application: Once the application is found to be in order, it will be published in the Trademark Journal to allow for any oppositions to be filed against the application.
- Opposition Proceedings: If any third-party oppositions are filed, the Trademark Office will hear both parties and decide whether to allow or refuse the trademark application.
- Registration: If there are no oppositions or objections to the application, the trademark will be registered, and a registration certificate will be issued.
It’s important to note that the trademark registration process can be complex and time-consuming, which is why it’s recommended to hire a trademark attorney to ensure that the application is filed correctly and that the trademark is adequately protected.