What is the official fee payable by an applicant for filing a trademark application in India?
The official fee payable by an applicant is INR 9000 (USD 145).
Can an Applicant claim a reduction in official fee?
Yes, the applicant can claim a reduction in official fee of approximately 50% if at least one of the following conditions is satisfied:
- The Applicant is an Individual; or
- The Applicant is a Startup; or
- The Applicant is a Small Enterprise
However, such a reduction in fee will not be available if an eligible Applicant jointly files a trademark application with an Applicant, which is “other than a Small Enterprise”. “Other than Small Enterprise” herein refers to a company/organization, which is not a Startup or a Small Enterprise.
What is a Startup according to the Trademarks Act?
The Trademark Rules, 2017 have divided the Applicants in two categories:
Category A: Individual/ Startup / Small Enterprise
Category B: Others A Startup means an entity in India recognized as a Startup by the competent authority under Startup India Initiative and submitting declaration to that effect.
The Trademark Rules, 2017 define “Startup” as an entity that satisfies the following criteria:
It is incorporated or registered in India, not prior to five (5) years,
Has an annual turnover not exceeding INR 25 Crores (Rupees Twenty-Five Crores only) / USD 250 Million (Two Hundred and Fifty Million United States Dollars) (approximately) in any preceding financial year and
Is working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property.
Can a non-Indian company be considered as a Startup?
A non-Indian company can be considered as a Startup if it fulfills the criteria for turnover and period of incorporation/registration as per Startup India Initiative.
What are the documents required for claiming fee reduction applicable for a Startup?
The Applicant would be required to obtain a Certificate, under the Start-up India Initiative, from the Inter-Ministerial Board of Certification as constituted by the Department of Industrial Policy and Promotion from time to time.
What is an Enterprise according to the Trademarks Act?
An Enterprise means an industrial undertaking or a business concern or any other establishment, by whatever name called, engaged in the manufacture or production of goods in any manner pertain to any industry specified in the first schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951) or engages in providing or rendering or any services or services in such an industry.
Who is a Small Enterprise according to the Trademarks Act?
A Small Enterprise can be classified as the following:
Small Manufacturing Enterprises: An Enterprise engaged in the manufacture or production of goods wherein the investment in plant and machinery is more than INR 25 Lakh (Rupees Twenty-Five Lakh only)/ USD 2.5 Million (Two Point Five Million United States Dollars) (approximately) but does not exceed INR 5 Crores (Rupees Five Crores only)/ USD 50 Million (Fifty Million United States Dollars) (approximately).
Small Service Enterprises: An Enterprise engaged in providing or rendering of services wherein the investment in equipment is more than INR 10 Lakh (Rupees Ten Lakh only)/ USD 1 Million (One Million United States Dollars) but does not exceed INR 2 Crores (Rupees Two Crores only)/ USD 20 Million (Twenty Million United States Dollars) (approximately).
Can a non-Indian company be considered as a Small Enterprise?
In case of foreign enterprise, an Enterprise which fulfils the aforementioned criteria is eligible to be an Applicant in the Small Enterprise category.
What are the documents required for claiming a Small Enterprise status?
Ans:An Applicant is required to submit evidence of registration under the Micro, Small and Medium Enterprises Development Act, 2006. Accordingly, an MSME Registration or SIS Registration Certificate would suffice accompanied with the official fee.