Trademark registration is charged in two parts, and this is the first thing to understand. One part is the official fee paid to the Trade Marks Registry, which is a government charge fixed by the rules. The other is the advocate's professional fee for the search, the application, and any reply or opposition that follows. A quoted figure that does not tell you which part it covers is telling you very little.
The official fee and the advocate's fee are different things
The official filing fee for a trademark application is set by the Trade Marks Registry under the Trade Marks Rules 2017, and it is charged for each class of goods or services in which you apply. The schedule also sets different amounts for different categories of applicant, and electronic filing is priced separately from paper filing. The current figure must be confirmed against the Registry's fee schedule at the time of filing, because it is a government charge and not something we set or restate. What we charge is the professional fee for the work, and that is a separate line. Our intellectual property practice deals with applications, objections and oppositions.
Goods and services are grouped into classes under the international classification. An application in respect of goods in one class does not protect you in another, and a business that sells goods and also offers services will usually need more than one class. Because the official fee is charged per class, and because each class needs its own description of goods or services and its own search, the number of classes is the single biggest driver of the total cost of getting cover.
How advocates charge for trademark work
- A fixed fee per application, per class. A clearance search, the drafting of the description of goods or services, and the filing is defined work and can be quoted up front.
- A separate fee at each contested stage. If the Registry raises an objection in the examination report, replying to it is separate work. If a third party opposes the application, the notice of opposition and the evidence stages are further separate work.
- A per-hearing fee for hearings. Where a matter is set down for a hearing before the Registrar, that appearance is usually charged separately.
- A retainer for a portfolio. A business filing and renewing many marks may prefer an annual arrangement covering a defined volume of filings and watch services.
Our published consultation and appearance fees are set out on our pricing page. A first consultation is where the mark is looked at, the classes are agreed, and the search is planned.
Stages that can each carry their own cost
- A clearance search, before you spend money on labels or signage.
- Filing the application in each class, with the official fee payable per class.
- Responding to an examination report if the Registry objects.
- Opposition proceedings, if a third party opposes, or defending your mark if you are opposed.
- Renewal, because a registration under the Trade Marks Act 1999 is valid for a limited term and must be renewed to stay alive.
What is not included in the professional fee
- the official filing, renewal and other Registry fees, which are government charges;
- the fee of a foreign agent or attorney if you file abroad, including through the Madrid route;
- notarisation, apostille and translation of documents for filings outside India;
- third-party search reports or watch services from commercial databases;
- courier, printing and travel costs.
Because the official fee is set per class and the professional fee is set per filing, the total is easiest to see when the two are quoted side by side. Ask for that split in writing before any application is filed.
Questions to ask before you engage an advocate
- Which classes do I actually need, and why those?
- Is the quoted fee inclusive of the official Registry fee, or separate?
- What does the fee cover if the Registry objects to my mark?
- How are opposition proceedings charged, and how likely are they on a search like this?
- Do I need a device mark as well as a word mark, and does that double the filing?
- When will the registration need renewal, and what will that involve?
- Can I use the mark while the application is pending, and what does the symbol mean at that stage?
Our published fees
We quote per application and per class, after looking at the mark and the goods or services you actually deal in. The official Registry fee is always shown separately from our professional fee. Our published consultation and appearance fees are on our pricing page, and our trademark and intellectual property service explains the process. To discuss a filing, contact us.
Is a registered trademark required before I can sell under my brand?
No. You can trade under an unregistered mark, and rights can arise from use. Registration is what gives you a recorded, enforceable right against later similar marks, which is why most businesses register rather than rely on use alone.
What if someone already has a similar mark?
The clearance search is designed to find that before you file. If a similar mark exists in the same class, the options are to change the mark, to file in a narrower description, or to proceed and answer the objection. Each has a different cost, and the search is what lets you choose.
Does the fee cover the whole way to registration?
No one can honestly quote a single fee for the whole journey, because objections and oppositions are not predictable. A responsible quote is for the filing stage, with the later stages priced separately in advance so there are no surprises.
How long does a registration last?
Under the Trade Marks Act 1999 a registration is granted for a fixed term and is renewable on payment of the prescribed official fee. The exact term and renewal fee are set by the statute and rules, and should be confirmed at the time of renewal.