Applications for trademarks are not as difficult to submit in India as many people believe. The acquisition of trademark rights has been simpler recently. You must submit an application for trademark registration as soon as possible to make sure that no other firm may use your logo without your permission. It's easy to patent your company name or logo. Within three days, you can utilize the TM sign. The associated expenditures might be split between government and professional fees. In India, the former is constant no matter where you are, but the latter depends on who you hire. Paying too much to a professional may seem like a waste of time when it comes to trademark registration, but if you don't obtain the appropriate guidance, you can wind up spending considerably more than you anticipated.
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Cost of Trademark Registration
On July 8, 2020, the Delhi High Court ordered a status quo with regard to the SRL diagnostics trademark and barred the creation of any third-party rights after the Japanese pharmaceutical company filed a petition seeking to acquire and sell SRL trademarks for its portfolio.
Microsoft Corporation was sued by Azure Knowledge Corporation, an IT company with offices in Ahmedabad, for allegedly infringing on its trademark. Microsoft said that it had first used the mark in the sector of cloud services in its response, which was submitted in March.
Cost of a Digital Signature Certificate (DSC): Around ₹ 1400
Per application, the Trademark Registry costs $4000. How is the application defined right now? Consider registering the name and emblem of the company Razr. These would count as two applications if you submitted them individually. It would just take one application if the brand name is part of the logo and this is all you want to register. However, you must additionally pay according to how many categories you are registering the trademark in. Therefore, you must pay 4000 for each class (or category) that "Razr" is registered under.
Professional Fee: ₹ 2000 Onwards
The professional expenses to register your trademark are real. You do this because hiring a specialist to do the trademark search on your behalf is the finest option. Intellectual property attorneys are knowledgeable with the trademark database and will be able to tell you for sure if the name or logo is available or not. This is crucial since you will wind up spending a lot more money if the government or another organization objects to your application.
If There’s an Objection or Opposition
Legal fees for opposition if there is an objection: There are several reasons why a government can object to your application, but the most common one is that your name is the same as or too similar to one on an existing application or registration. The registrar will not charge you in this case, but you will have to hire a lawyer to have it removed. The cost of your attorney will depend on how complicated your case is, but it normally doesn't exceed 5000.
Legal Fees for Opposition: This can be a lot more complicated. Simply put, an opposition is an objection by an entity other than the government. It usually means that a competitor or some other private entity believes your application compromises its rights. As this can could involve several meetings with the Registrar, it could end up costing you much more in legal fees. For the first affidavit itself, you may end up shelling out at least ₹ 8,000 to ₹ 10,000.
If you do a thorough search, to begin with, though, this is unlikely to happen, in which case it’s just ₹ 4000 in addition to what you decide to spend on professional fees.
If you are planning on applying for a new trademark, you must set out your budget with a great deal of care before you begin the application process. If you do not have a digital signature certificate, then you will have to apply for a new one if you do not have one. Nevertheless, you have to be prepared at the same time to pay a specific sum of money to the service provider who will handle all the procedures involved in making an application for a trademark in your name.
