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Applying for a trademark in India on your own can save you significant costs—typically ranging from ₹3,000 to ₹5,000 per application—compared to hiring a professional. This guide provides a detailed, step-by-step process to help you register your trademark independently.
Summary of Cost Breakdown: Self-Filing vs With Attorney (Per Class)
| Stage | Government Fee | Self-Filing Cost | Attorney Cost (Avg.) |
| Basic Filing | ₹4,500 | ₹4,500 | ₹7,000–₹9,500 |
| Objection Handling | – | ₹0 | ₹3,000–₹10,000 |
| Opposition Counter & Hearing | – | ₹0 | ₹8,000–₹20,000+ |
| Renewal (10 years later) | ₹9,000 | ₹9,000 | ₹10,000–₹11,500 |
Step-by-Step Guide to Self-Register a Trademark in India
1. Conduct a Trademark Search
Before applying, ensure your desired trademark is unique and not already registered. Use the official IP India portal to search for existing trademarks: https://ipindia.gov.in.
2. Determine the Appropriate Trademark Class
Trademarks are categorized into 45 classes: Classes 1–34 for goods and 35–45 for services. Select the class that best represents your product or service.
For example, Class 25 covers clothing, while Class 36 pertains to financial services.
3. Prepare Necessary Documents
Gather the following documents:
- Identity Proof: PAN Card and Aadhaar Card.
- Business Proof: GST Certificate or Incorporation Certificate (if applicable).
- Trademark Representation: A clear image or representation of your trademark.
- Digital Signature Certificate (DSC): A Class 3 DSC is required for online filing.
4. File the Trademark Application
Submit your application online through the IP India portal: https://ipindia.gov.in.
Fill out Form TM-A with accurate details, including applicant information, trademark representation, and the selected class.
5. Application Examination
The Trademark Registrar will examine your application for any discrepancies or conflicts with existing trademarks. If objections arise, you’ll receive an Examination Report detailing the issues.
6. Respond to Objections (If Any)
If objections are raised, respond promptly with clarifications or evidence supporting your trademark’s uniqueness. You may also request a hearing to present your case.
7. Publication in Trademark Journal
Once approved, your trademark will be published in the Trademark Journal. This allows the public to oppose the registration within four months.
8. Handle Oppositions (If Any)
If an opposition is filed, you’ll need to submit a counter-statement and possibly attend a hearing. If no opposition is filed or if resolved in your favor, the process moves forward.
9. Trademark Registration
After successful completion of the above steps, you’ll receive a Registration Certificate, granting you exclusive rights to use the trademark for 10 years.
Tips for Successful Trademark Registration
- Ensure Uniqueness: Choose a distinctive and non-descriptive trademark to reduce the risk of objections.
- Accurate Classification: Selecting the correct class is crucial for appropriate protection.
- Timely Responses: Address any objections or oppositions promptly to avoid delays.
- Use of Symbols: You can use the ™ symbol after filing the application. Once registered, you can use the ® symbol.
Renewal of Trademark
Trademarks are valid for 10 years from the date of registration. You can renew your trademark indefinitely every 10 years by filing a renewal application and paying the requisite fee.
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