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Trademark Fee – Trademark Rules, 2017

Trademark Fee –
Trademark Rules, 2017
The Government of India on 6th March, 2017 replaced the Trade
Marks Rules, 2002 with the Trademark Rules, 2017
(https://www.indiafilings.com/learn/wp-
content/uploads/2017/03/Trademark-Rules-2017-
IndiaFilings.pdf) to streamline for process for trademark registration
in India. The new rules reduces the number of trademark forms and
simplifies the trademark filing process, while increasing the
government trademark filing fee substantially for corporate entities. In
this article, we look at the Trademark Rules, 2017 and the trademark
filing specified in the new rules.

Trademark Fee for New

Applications
The application fee for new trademark registration or collective mark or
certification mark or series of trademark for specification of goods or
services included in one class has been increased to Rs. 9000 for E- 

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filing and Rs.10,000 for physical filing.

A reduced fee of Rs. 4,500 for E-filing and Rs.5,000 for physical filing
has been prescribed for individuals, startups and small enterprises.

As per the Trademark Rules, 2017, a small enterprise means:

In case of an enterprise engaged in the manufacture or production of

goods, an enterprise where the investment in plant and machinery
does not exceed the limit specified for a medium enterprise under
clause (a) of sub-section (1) of section 7 of the Micro, Small and
Medium Enterprises Development Act, 2006. – As per the Act, the limit
specified for manufacturing units is Rs.10 crores.

In case of an enterprise engaged in providing or rendering of services,

an enterprise where the investment in equipment is not more than the
limit specified for a medium enterprise under clause (b) of sub-section
(1) of section 7 of the Micro, Small and Medium Enterprises
Development Act. – As per the Act, the limit specified for service sector
units is Rs.5 crores. Know more about MSME registration.
(https://www.indiafilings.com/learn/guide-msmed-act-india/)

As per the Trademark Rules, 2017, a startup means:

An entity in India, recognised as a startup by the competent authority

We're Online!
under Startup India initiative.
How may I help
you today?
In case of a foreign entity, an entity fulfilling the criteria for turnover and
period of incorporation/registration as per Startup India Initiative and
submitting declaration to that effect. Chat now

As per the Trademark Rules, 2017, an individual means:

A sole proprietor or an individual. i.e., not a corporate body or

partnership firm or LLP or other types of legal entity.

Expedited Process for

Trademark Registration
The Government has also introduced a new expedited process for
trademark registration under Rule 34. Only e-filing of application is
allowed under expedited trademark processing. The government fee
for expedited trademark processing is Rs.20,000 for individuals,
startups and small enterprises. For all other entities, the fee for
expedited trademark processing is Rs.40,000.

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Trademark Fee for Opposition

or Rectification
The fee for 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 Rs. 2700 for E-filing and
Rs.3000 for physical filing.

Trademark Fee for Renewal

The trademark fee for renewal of an existing trademark registration is
Rs.9000 for e-filing and Rs.10,000 for physical filing.

Trademark Fee for Restoration

and Renewal
In case a trademark registration has elapsed, then an application for
restoration and renewal must be filed under 25(3), 25(4) for each
class. For such applications, the trademark restoration and renewal fee
would be Rs.18,000 for e-filing and Rs.20,000 for physical filing.

Trademark Fee for Search

Certificate
The trademark fee for issue of search certificate is Rs. 9000 for e-filing
and Rs.10,000 for physical filing. In case of expedited issue of search
certificate, the fee would be Rs.30,000 under e-filing.

Click here to file a trademark application in India.

(https://www.indiafilings.com/trademark-registration)

Want to Consult a Trademark Expert?

IndiaFilings provides the entire range of services
required to register and maintain protection for
your intellectual property assets. We can help you
register trademarks, copyrights, designs and
patents. We can also help you with trademark
objection or trademark opposition.

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