On 6th march, 2017 Government of India has replaced Trademark Rules 2002 with an Introduction of Trademark Rules, 2017.New Rules that has simplified trademark filing process. There has been an increase in Trademark fee for corporate entities.
Application fee of new trademark registration has been increased or certification mark, collective mark or series of marks for goods and services has been increased to Rs. 9000 in the case of e-filing and Rs.10000 in case physical filing.
The reduced fee of Rs.4500 for e-filing and Rs.5000 for physical filing as prescribed fee in case of individual start-up and small enterprises
Small enterprise in Trademark Rules 2017
Mostly enterprises engaged in manufacture or production of goods. Investment where the plant and machinery are not specified for a medium enterprise.
There are some enterprises which are engaged in providing or rendering services, it is also an investment in equipment is not more than the limit specified for the medium enterprise under a certain clause of trademark Rule 2017.
Start-up as per Trademark Rule, 2017
Start-up is recognized as a competitive entity or authority under Start-up India Initiative. In a case of a foreign entity which fulfils the criteria for turnover and period of incorporation/registration as per start-up India initiative and submitting the declaration to that effect.
Expedited process for Trademark Registration
There has been the introduction of an expedition under Rule 34 by the Government. In that case, only e-filing expedited trademark processing is allowed. The Government fee for trademark processing is Rs.20000 for individuals, start-ups and small enterprises. In the case of all other entities, the fee for expedited trademark processing is Rs.40000.
Trademark fee for Opposition and Rectification
Fee of notice of opposition under Section 21(1),64,66 or 73 or application for rectification of register under section 47 to 57, 68,77 or application under rule 99,103, 140 the fee is application is Rs. 2700 for e-filing and Rs 3000 that is also for physical filing.
Trademark fee for Renewal
Trademark fee for renewal of an existing trademark registration is Rs.9000 for e-filing and Rs. 10000 in a case of physical filing.
Trademark fee for Restoration and Renewal
The application for renewal and restoration must file under section 25(3),25(4) for each class. In case such of application trademark, renewal and restoration would be Rs.18000 for e-filing and Rs.20000 in case of physical filing.
Trademark fee for Search Certificate
Trademark fee for issue of Search Certificate is Rs.9000 for e-filing and Rs.10000 in case of physical filing. The expedited issue of search certificate would Rs.30000 for e-filing.