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Trademark Registration Costs in Chennai: Brand Protection

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Last Updated on June 1, 2024 by Kanakkupillai

In India, trademark infringement is defined in Section 29 of the Trademarks Act, 1999. It happens when a third party uses a trademark without a license that is identical to or confusingly similar to a registered trademark. Registering your trademark is essential to avoid infringement and protect your brand.

Types of trademarks

  • Service trademarks: Businesses in the service industry are protected by trademarks relating to commercial services, which are used mostly by hotel, medical, transport, courier, and retail business owners to protect their brand names. Such trademark classes do not cover items and products.
  • Collective trademarks: A collective is a group that obtains trademarks. This kind of trademark enables multiple businesses to benefit from collective protection and raise public awareness of specific aspects of their products.
  • Certification: Trademarks define the norm for a specific good or service. They guarantee quality and reassure customers that a product has been tested. Electronics manufacturers rely on this method the most to gauge the quality of their goods.
  • Unconditional trademarks: These trademarks set themselves apart from others and gain recognition.

Legal benefits of trademark registration

A successful trademark registration in Chennai must retain its distinctiveness and originality while being simple to say and recall.

  • Exclusive rights: Selective rights over the trademark benefit the registered trademark owner. According to the owner, every object belonging to the class(es) listed in the application may use the same.
  • Builds trust and understanding: Through the trademark, the reputed superiority of your products and services is made universally known, which fosters market-wide client trust and understanding. It assists in creating enduring and devoted customers who consistently select the same brand.
  • Differentiate product: Customers will find your products more easily as a result. The logo distinguishes your product or service from that of your current and expected competitors and functions as a powerful marketing tool. It can represent your organization’s or any association’s mission, values, or distinctive quality.
  • Identity to product’s quality: It gives the value of the good or service’s identification. Customers associate the quality of a service or product with the brand name, and this perception of a particular brand’s character in the market aids in luring in new customers who can recognise the calibre of a good or service by its logo.
  • Asset creation: A trademark registration gives a company intellectual property. The right to use registered trademarks may be sold, assigned, franchised, or economically contracted. The trademark is another intangible asset that provides the association with its chosen benefit.

Factors Influencing Trademark Registration Costs

Government and professional fees make up the two categories of trademark registration costs. The government charges Rs. 9000 per application and per class for the corporation to register a trademark and Rs. 4500 per application for each class to register a trademark.

1. Number of classes

The cost of trademark registration can also vary depending on how many classes are included in the application. Trademarks are categorized based on the products and services they signify, and each class and mark have associated fees.

2. Legal fees

If the company or person decides to retain a specific professional to help with the trademark registration application, the legal costs of that professional should also be taken into account. The type of application and the level of experience of the appointed legal representative can both affect the cost of representation.

3. Renewal costs

Renewing a trademark costs Rs. 5000 for each mark in each class, but Rs. 10,000 is required to renew a collective mark.

A trade mark must be corrected or removed for a fee of Rs. 3000.

Budgeting strategies for trademark registration

  • Prioritizing classes and elements: A statement or affidavit that includes information on the initial application, such as the date it was filed, the country where it was registered, the registration certificate, etc., is typically used to support a priority claim.
  • DIY vs. Professional services: Trademark registration is challenging without legal knowledge and experience. Therefore, it is strongly advised that you speak with a qualified trademark lawyer who can simplify the process.
  • Considering long-term costs: When registering a mark, an applicant must know the various costs associated with trademark registration. In India, the number of classes the applicant intends to add will affect the trademark registration cost.

Exploring fee waivers or discounts

The details of trademark fee concessions for MSMEs and startups in India are shown in the table below.

Type of applicant Individual Applicant Non Individual Applicants (Company, LLP,  Availing 50% Concession
Types of applicant Individual applicant Non-individual applicants (company, LLP, firm, etc.) MSME and startups availing 50% concession
Trademark filing fee ₹ 4500/- ₹ 9000/- ₹ 4500/-
Trademark offline filing fee ₹ 5,000/- ₹ 10,000/- ₹ 5,000/-
Conditions to apply for trademark registration No conditions applied No conditions applied Must possess Udyam or MSME Registration/ DPIIT Recognition Certificate

Tips for cost-effective trademark protection

  • Conducting thorough preliminary searches
  • Maintaining a clear and distinctive mark
  • Keeping records of trademark usage
  • Monitoring for infringements

Conclusion

Trademark registration is essential since it may safeguard your company’s reputation and give you full legal intellectual property ownership. A trademark application may be rejected, and the registration process can take many months. To reduce their chances of being turned down, the applicant must be aware of the procedure for trademark registration.

In this regard, one may also contact Govche India Pvt. Ltd.’s Kanakkupillai web portal, which is situated in Chennai. The Kanakkupillai trademark registration service enables online trademark registration for businesses looking to protect their brand. They provide a range of services, including brand registration, trademark registration, and registration of trademark names. Don’t leave it up to chance to protect your brand; rely on them to help you register online trademarks.

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Kanakkupillai is your reliable partner for every step of your business journey in India. We offer reasonable and expert assistance to ensure legal compliance, covering business registration, tax compliance, accounting and bookkeeping, and intellectual property protection. Let us help you navigate the complex legal and regulatory requirements so you can focus on growing your business. Contact us today to learn more.