Who can file a trademark application in India?
Trademark Registration in India is open to individuals and business organizations whether registered or not.
Trademark can be applied in the name of an Individual or in the name of an organization. Also, Trademark can be applied by two more individuals jointly without having an organization as well.
Who files the Trademark Application?
The applicant has to authorize a Trademark Agent through a Power of Attorney for filing the Trademark Application with the Trademark Registry. The Trademark agent then file the application with the Trademark Registry and obtains the acknowledgement. All the correspondence / communications regarding the TM registration process will be addressed to the Trademark Agent.
Categories of Trademark Applicants:
From the applicability of filing fee, the applicants are categorized as follows:
- Individual/Sole Proprietor
- StartUp
- Small Enterprise
- Others
- Association of PersonsBody Corporate
- Government Department
- Hindu Undivided Family
- Joint Applicants (Two or more Individuals together)
- Joint Firm
- Limited Liability Partnership
- Partnership
- Single Firm
- Society
- Statutory body
- Trust
- Others – like Foreign Nationals / Foreign Companies
Trademark can be applied in the name of an Individual or in the name of an organization. Also, Trademark can be applied by two more individuals jointly without having an organization as well.
Trademark Filing Fee
Filing fee of Trademark differs depends on category of applicant. In case the application is filed an Individual / Sole Proprietor, Startup or a Small Enterprise, Filing Fee is for each class and for each mark will be Rs.4500.00 In all other Cases, the Filing Fee for each class and for each mark will be Rs.9000.00
Trademark Filing Fee for Different categories of applicant
No. | Category of Applicant | Filing Fee/Class ₹ |
1 | Individual/ StartUp/SME |
|
| a. | Individual / Sole Proprietor | ₹4500.00 |
| b. | StartUp | ₹4500.00 |
| c. | Small Enterprise | ₹4500.00 |
2 | OTHERS |
|
| a | Association of Persons | ₹9000.00 |
| b | Body Corporate | ₹9000.00 |
| c | Government Department | ₹9000.00 |
| d | Hindu Undivided Family | ₹9000.00 |
| e | Joint Applicants (Two or more Individuals together) | ₹9000.00 |
| f | Joint Firm | ₹9000.00 |
| g | Limited Liability Partnership | ₹9000.00 |
| h | Partnership | ₹9000.00 |
| i | Single Firm | ₹9000.00 |
| j | Society | ₹9000.00 |
| k | Statutory body | ₹9000.00 |
| l | Trust | ₹9000.00 |
| m | Others – Foreign Nationals / Foreign Companies | ₹9000.00 |
Trademark Registration by Foreign Nationals / Foreign Companies
A Non-Indian nationals and business entities registered outside India can also register trademark in India. The applicant has to authorize a Trademark Agent in India through a Power of Attorney and the Trademark agent then file the application with the Trademark Registry.
Register Your Proposed Business / Brand Name as ‘Trademark’
Before publishing your business or brand name, register it as ‘Trademark’ to protect the same from deception by unscrupulous people.