Reductions, Fees for Requesting Special Status, and Other Fees for Trademarks in India

The First Schedule of the Trade Mark Rules, 2017 lists the official trademark filing fees in India as well as fees for other parts of trademark prosecution, such as opposition, renewal, accelerated registration, etc. The document or form submitted in connection with a certain process shall be deemed not to have been filed if the fees are not paid or are insufficient.

Application Fees

The entity making the application, the number of classes requested, and the method of filing all affect the formal fees for requesting a trademark in India. The rates paid by larger organizations are often twice those of individuals and startups, and filing applications electronically rather than physically cost less money.

Eligibility for fee reductions

Certain types of applicants are entitled to reduced fees for filing an application for registration under Indian trademark law under the Trade Marks Act, 1999, and the Trade Marks Rules, 2017. If an applicant is a person, a startup, or a small business, they are qualified for fees that are reduced by roughly 50%. If an eligible applicant files a trademark application together with an applicant who does not meet these requirements, the decrease is not available (e.g., a company, trust, or partnership).

According to Indian law, startups are entitled to a number of advantages, including protection for their intellectual property (IP). According to the Startup India program, an entity that submits a statement to that effect and is recognized as such by the relevant government is referred to as a “startup.”

According to current law, a company claiming to be a startup and requesting IP protection must meet the following requirements:

• It must be incorporated or registered in India, not prior to five (5) years,
• Its annual turnover must not have exceeded INR 25 Crores/USD 250 Million (approximately) in any preceding financial year,
• It must be working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property.

If a non-Indian firm provides a declaration to that effect and meets the Startup India Initiative’s requirements for turnover and duration of incorporation/registration, it may also be considered a startup for the purposes of filing a trademark in India. Reference exchange rates for foreign currencies released by the Reserve Bank of India shall be used to determine the turnover.

The applicant claiming to be a startup must get a certificate under the Startup India Initiative from the Inter-Ministerial Board of Certification, which is periodically established by the Department of Industrial Policy and Promotion, in order to claim a reduction in trademark fees in India.

Claiming to be a “small business”

A commercial concern, industrial venture, or other establishment engaged in the production of any goods or in the provision of any services for any industry listed in the first schedule of the Industries (Development and Regulation) Act, 1951, is referred to as an enterprise.

Beginning on June 1, 2020, Rule 2(v) will define “Small Enterprise” as an organization that produces goods or renders services and is:

• Investment in plant and machinery/equipment does not exceed INR 10 crore/USD 100 million, and
• Turnover does not exceed INR 50 crore/USD 500 million

If a foreign company meets the requirements outlined in Rule 2(v) for Indian organizations, it may also be regarded as a small business for the purposes of claiming a reduction in trademark fees in India.

The applicant must submit proof of registration under the Micro, Small and Medium Enterprises Development Act, 2006, in the form of an MSME Registration or SIS Registration Certificate, along with the official filing fee for a trademark application, in order to claim “Small Business” status under Indian trademark law.

In India, there are fees associated with several stages of the trademark registration and renewal process. Be aware that qualifying applicants may also pay discounted fees for expedited registration in addition to the application price. The costs are the same for all types of applicants for the next stages of trademark prosecution.

***Other Articles***

– You could see Procedure of Trademark in India here.

– You could visit here to see Required documents of filing trademark in India.

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