A trademark is a kind of Intellectual property that might consist slogan, name, or symbol that is legally registered across the nation and identifies products and services from a specific business. Trademarks are very much essential to safeguard your brand. Trademarking gives your brand a shield so that no one can use your similar or same mark without your prior permission. So, one question can arise in your mind how much does it cost to trademark a name? That is going to save a million-dollar brand in the future right?

Whether you are an owner of a brand or an entrepreneur you should know the whole details about trademark registration.  

Types of Trademark: 

Before we proceed with the cost of trademark registration let's go through the types of trademarks at first, which will help you to understand more efficiently. The cost of the trademark may vary on your choice of trademark class:

Character Mark: This class of trademark cover a standard format, and text, without specific fonts, design colours etc. It is one of the most used and common kinds of trademark registration.

Special Mark: If your trademark includes stylized text, logo or unique design- you have to apply for a special form mark. This kind is mainly associated with some additional fees due to the complexity of protecting such marks.

Collective Mark: Organizations, associations, and groups use collective mark. The cost of collective marks may differ from standard character marks.

Certification Mark: Certification marks are used for specific services or goods that meet specific criteria or standards. The registration cost for certification marks can vary depending upon the government rules.

In this article, we will go through how much it costs to get a trademark for your brand.

Cost to Trademark a name:

The cost related to trademarking a brand depends upon various factors.  The fees depend upon the kind of mark that you want to register so, it is always advisable that you consult with a trademark expert, to know about the full cost and process. Let’s go through the process and the documents required for registering a brand name. 

Government fees: The trademark registration cost is based on the kind of mark and the class that the applicant has filed for. For MSMEs, and DPIIT registered startups, the government fee is Rs. 4500/ class/ application for a single mark. Other entities have to pay Rs. 9000/- per class, per application. Fees for the collective marks are Rs. 10000/- per class per application.

Note:  Normal or basic registration in a convention country starts from Rs. 10000/- with some other additional charges. Global registration under the Madrid Protocol has different costs set by the WIPO (World Intellectual Property Organizations) 

Professional fees: It is difficult to register your trademark yourself, you might get wrong at the time of filing that's why it is always advisable to get help from an expert, as they have vast experience. An expert can guide you through the whole trademark registration process seamlessly. The lawyers who have experience in Intellectual property law can assist you with database research, availability of logos etc.

Opposition Legal Fees: Third parties raise opposition if they think that your mark is similar or the same as their brand. While objections are government-initiated. If you want to file an objection notice then it would cost Rs. 2,700/- in one class.

Legal fees for objection: The cost of objection may vary on various grounds like complexity, and nature of the objection. We would like to suggest you take expert advice from the experts of Online Legal India, as they have vastly experienced legal expert's expertise in Intellectual property law. 

Trademark rectification: This process corrects registration errors or non-compliance with registered trademarks. The Trade Marks Act of 1999's Section 57 lists the grounds for rectification. It is also possible to submit an application for rectification owing to non-use. Rectification applications must be filed with the same Trade Marks Registry as the initial registration. USPTO, the United States Patent and Trademark Office Trademark registration in the US is handled by the USPTO, the United States Patent and Trademark Office. The following variables affect the costs associated with registering a trademark with the USPTO:

Unites States Patent and Trademark Office (USPTO)

USPTO is the concerned authority to trademark registration in the United States. USPTO is the regulatory body of the trademarks, those deals in the United States.

1. Filing Basis: 

When it comes to trademark applications, there are two main filing bases: 

• 1(a) Use in Commerce: You may file under this basis if you currently use your trademark in commerce. 
• 1(b) - Intent to Use: You may file under this basis if you genuinely intend to use your trademark in the future. 

B. Number of Classes: The amount you pay to register a trademark depends on how many classes of goods or services you wish to shield. Every class stands for a distinct category of goods or services. The USPTO had a per-class fee structure as of September 2021, the last time I checked my knowledge. The price increases with the number of classes you wish to sign up for.

 C. Type of Filing:

The type of mark and the applicant's classification determine the trademark registration fees. For single marks, the government levies ?4,500 per class for each application for individuals, DPIIT-registered startups, and registered MSMEs. For each application, other entities must pay ?9,000 for each class. There is a charge of ?10,000 per class, each application, for collective marks. In a convention country, the first class costs ?10,000, and there are additional fees for each one after that. The World Intellectual Property Rights Organization sets separate fees for each member nation involved in global registration under the Madrid Protocol. Learn more about the application process for trademarks. 

There are some additional fees required for the cost to trademark a name, they are:

D. Additional Documents: You have to submit documents or specimens that depend upon the kind of application that you want to register your mark.

E. Expert Fees: It is always advisable to consult experienced experts to have seamless trademark registration.

Trademark Registration:

If you want to protect your brand trademark across multiple countries, you should register your international trademark through the Madrid Protocol. The costs for having an international trademark registration may vary on different factors:

• Member countries: The Madrid Protocol allows you to designate specific member countries where you want your trademark to be protected. The cost depends on the number of countries you choose.
• WIPO Fees: WIPO (The World Intellectual Property Organization) is a regulatory body which takes care and looks upon international trademark registrations. They charge a particular fee for an international application filing.
• Designation Fees: Every country that is a designated member, charges different fees while filing an international trademark application. 
• Renewal Fees: Like every trademark which are registered in India, the trademarks that are registered across the globe also require renewal fees to uphold their protection.

In addition to the standard registration fees, several typical extra expenses cost to a trademark name you could run into when registering a trademark:

Legal Fees: Although it's not required, working with a trademark expert can help you to have a seamless procedure for many people and businesses. Depending on the complexity of your case and the expert’s experience, costs can vary.

Trademark Search: To make sure there are no conflicts, it is important to carry out a thorough trademark search before submitting your application. For a price, certain services provide packages for trademark searches.

Office Action Responses: You might have to pay more to adequately address an office action that the USPTO or an overseas trademark agency issues asking for further details or modifications to your application.

Appeal Fees: If your trademark application gets rejected, don’t worry! You have the opportunity to appeal the decision to the higher authority. Appealing the decision has a different set of fees.

Monitoring and Enforcement: After your trademark registration is successful, you’ll need to keep track of its use and take legal action if anyone infringes on your intellectual property. 

Protecting the identity and intellectual property of your brand requires trademark registration. While the cost to trademark a name might vary depending on the type of trademark, and the number of classes, knowing the price of registering a trademark is essential for planning and budgeting. It is important to speak with a trademark expert or obtain advice from the relevant trademark office before starting the trademark registration process to fully comprehend the current fee schedule and any recent changes to the laws. 

For this, you can get in touch with Online Legal India's vastly experienced and knowledgeable legal professionals. Until now, online Legal India's legal specialists have served a large number of clients, and the majority of them are satisfied with the services they received.