In today’s era, where technology and business evolve at an incredible rate, securing your brand should be a top priority. This milestone can only be achieved by trademarking it. A trademark Registration serves not only as a landmark of identification but also allows legal protection of one’s brand from unauthorised use. Nevertheless, most entrepreneurs seem to be bothered by one primary issue.
This guide will walk you through the entire process, outlining the costs that will be incurred as well as other pricing determinants. Additionally, specialised IP professionals will be there to assist you.
Meaning of Trademark?
A trademark can simply be defined as a legally granted brand representation, such as a name, sign, or slogan, that identifies a specific organisation. Trademark This, in our context, refers to your business name. Through the use of a trademark, an individual acquires exclusive rights in reference to a certain product or service within a given area and therefore prevents lawfully unauthorised use of or other actions infringing it.
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Importance of Trademark to Protect Business Name
Let’s first understand the value of trademarking your business name before diving into the costs.
- Legal Protection: It secures your ownership of the name and permits you to sue infringers.
- Brand Recognition: A trademark enhances reputation and assures brand reliability..
- Market Advantage: It restricts competitors’ use of identical or closely related brands.
- Valuable Asset: It adds value over time, which can be useful for investments.
The Cost to Trademark a Business Name?
The expense of trademarking a business name includes:
- Registrations Per Country
- Filing Procedures (manual or electronic)
- Number of Classes (category of goods/services)
- Use of Professional Assistance
Now, Figure 1 below gives an overview of different regions and components of costs and Trademarks
Trademark Registration Costs in India
The Trade Marks Act of 1999 governs trademark registration in India. The office takes care of managing trademarks and all the registration processes.
Official Fees for Trademark Registration in India:
- Individuals, Startups, and Small Enterprises: class fee: e-filing: ₹4,500
- Other Applicants (Companies, LLPs, etc.): ₹9,000 per class (e-filing)
- Offline Filing: Slightly higher, typically ₹5,000–₹10,000
Additional Expenses:
- Trademark search: ₹500 to 2000 (Optional but recommended)
- Response to objection (if applicable): ₹3,000 and 6,000 response
- Cases regarding opposition vary from ₹10,000 and above, depending on the complexity level.
- Trademark renewal (after 10 years) fee per class: ₹9,000 (4,500 for small entities)
The Cost of Trademark Filing in USA
In the US, trademark registration is done via the USPTO – United States Patent and Trademark Office:
Official filing fees for USA Trademark Filing
- TEAS Plus: $250 per class
- TEAS Standard: $350 per class
Additional Costs: Attorney Fees (optional): $500 to $2,000
- Search Fees: $100 to $300 (if done by a professional)
- Renewals: Between $300–$500 every 10 years
Trademark Costs in the UK
UK trademarks that are registered are managed under the UK IPO.
Official Government Fees for Trademark Registration in UK:
- Online Filing: £170 for the first class, £50 for each additional class
- Offline Filing: £200 for the first class
Additional Costs:
- Professional Fees: £200 to £500
- Search Services: £50 to £150
- Renewal Fee: £200 every 10 years
European Union (EUIPO)
Government Fees:
- 850 for first level
- 50 for the next
- 150 for all additional levels after the second
These fees are applicable to all member states of the European Union.
Additional Cost Considerations:
a) Number of Classes
In the example of retail services and clothing, trademarking the business name will incur fees for additional classes.
b) Professional Services
Hiring a consultant may optimize the trademark application process which would reduce time delays and increase acceptance rates These provisions are not complete.
- Trademark search
- Drafting and filing of the application
- Responding to objections or oppositions
- Trademark portfolio management
Costs vary greatly, but being guaranteed acceptance is invaluable.
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The Time Duration for Trademark Registration of a Business
Trademarks take time regardless of the region, but global differences and changes add to the period.
- India: Six months to two years, provided there are no opposition or objections.
- USA: Remains between 6 months and over a year.
- UK/EU: Approximately four to six months for simple applications.
Common Mistakes that Increase the Cost of Trademark Registration
- Not Conducting a Search: Filing a name that’s already in use can lead to rejection or legal action.
- Wrong Classification: Filing under the wrong class means limited trademark protection.
- DIY Errors: Minor errors in the application can lead to delays, objections, or even rejections.
- Ignoring Renewals: Missing your renewal window can result in loss of rights.
Conclusion
In conclusion, what is the expense incurred in the process of trademarking a business name? The short answer is: it varies. In India, it could cost an individual or a startup as little as ₹4,500. In the U.S. it starts from $250. Nonetheless, there are additional works like trademark registration, professional services, legal assistance, and government costs. A business trademark is not an expense incurred on a single occasion. Rather, it is a long term investment on a brand name. It eliminates the ambiguity concerning whether the business identity, with respect to filing and legal structures, is sufficiently protected.
Trademarking should come as a priority for any person looking into launching a new venture or considering scaling an existing brand.
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