Trademark Filing
The trademark law in India defines various categories of trademark applicants. Depending upon the category and type of the trademark applicant, the documentary requirements and the official filing fee varies. In essence, a trademark in India can be filed by:
- Individual Startup/Small Enterprise; (Joint Owners, Proprietorship)
- In all other cases (Private Limited Company, Partnership Firm, LLP etc.)
Procedure for Trademark Filing
A trademark is filed in India through Form TM – A with the respective Trade Mark Office (New Delhi, Mumbai, Chennai, Kolkata and Ahmedabad). A trademark can be filled either through e-filing or through physical filing. A requisite fee is payable for filling of the trademark which is mentioned under The First Schedule of Trade Marks Act, 1999. (See Rule 11).
The first and foremost thing to determine while filing for a trademark is to assign a particular class/classes to the trademark. For filing an application with the Indian Trade Marks Office, the goods and/or services need to be categorized according to the class they fall under. The Nice Classification is a system of international classification of goods/services born out of the “Nice Agreement”, to be used for application of trademarks. There are 1-45 classes in the Nice Classification out of which, classes from 1-34 categorize Goods and classes 35 – 45 classify services.
A trademark can be filed for a mark/logo which is proposed to be used or already in use. If the mark/and logo is proposed to be used, the date shall be mentioned in the application form in DD/MM/YYYY format.
In case the use of the mark is claimed to be prior to the date of application, the applicant shall file an affidavit testifying to such use along with the supporting documents and the affidavit shall be attested by a notary public.
A Power of Attorney is mandatory to be filed along with the application duly executed by the Applicant in favour of the trademark attorney.
Trademark Fee
An approximate basic fee for filing of trademark in India for:
(a) Individual Startup/Small Enterprise:
- E-filing – 4,500/-
- Physical filing – 5,000/-
(b) In all other cases:
- E-filing – 9,000/-
- Physical filing – 10,000/-
Note: Fee is for each class and for each mark)
Refer: http://www.ipindia.nic.in/form-and-fees-tm.htm
For more information on Trademark Classes please Contact Us.
