Different Ways to Reduce Trademark Registration Cost
Any company or business that wants to build a strong brand, then it is necessary to obtain Trademark Registration for their brand to expand their business. Trademark Registration is an invaluable Intellectual Property (IP) asset to any company or business. However, many companies, especially start-ups, hesitate to obtain a Trademark Registration; this is because a Trademark Registration can prove to be prohibitively expensive. As we already know that start-ups have a tight budget and so they choose to forego obtaining a Trademark Registration not to overpass their budget. Without any proper plan and budget, Trademark Registration isn’t a good decision because obtaining a Trademark Registration is an investment in the sense that you are taking the 1st step to establish an image for your brand. There are some ways to reduce Trademark Registration cost and ease the burden on your finances. Scroll down to check different ways to reduce Trademark Registration cost.
What is a Trademark?
Before we discuss different ways to reduce Trademark Registration cost, let’s understand the meaning of a Trademark. Trademark is a logo, name, or brand name attached to the products or services provided by a business or an individual. Trademark is a unique or distinctive visual symbol that may be a device, number, device, or colours combination representing a business. The Trademark owners use the Trademark for their products or services to differentiate them from other similar businesses.
The Trademark Registration confers the exclusive right of its usage of the Trademark owner. 3rd parties cannot use a registered Trademark for their items without the consent of the actual Trademark owner. Trademark Registration in India is regulated under Trademarks Act, 1999 and Trademark Rules, 2017.
Ways to Reduce Trademark Registration Cost
Following are the different ways to reduce Trademark Registration cost:
- Apply Online: This is one of the easiest ways to reduce Trademark Registration cost. The cost to apply forms online is lesser & cheaper than submitting application forms physically to the Trademark Office. Online filing of an application for Trademark Registration also saves your time.
- Choose the Correct Trademark Class: It is vital for the candidate to choose the correct Trademark Class for the products or services for which the Trademark will be applied. The applicant should describe the products or services for which the Trademark will be applied & the class of products and services in the Trademark application. If the incorrect class is mentioned for the products or services in the application, it will be rejected.
When the Trademark Registrar determines that the products or services mentioned in the Trademark application come under the additional Trademark Class, the applicant or Trademark owner has to file TM-M Form by paying the fee to amend the application form, including the additional class in the application. The applicant will have to endure extra costs for filing a new application if it’s rejected for mentioning the wrong class/filing an amendment application for the addition of class. Hence, it’s vital to mention the correct Trademark class in the Trademark application.
- Choose the Trademark Carefully: Correctly choose the Trademark after going through the Rules & Act. The Rules & Act provide the grounds on which a Trademark Registration can be rejected. The Trademarks shouldn’t contain descriptive words, government symbols, or common words, as registration of such Trademarks will get rejected.
Avoid choosing a Trademark that is identical to an already registered mark, as it will be rejected. Hence, conduct a proper Trademark Search to find out if an already registered mark exists or not. When a Trademark is rejected or denied due to the grounds cited for rejection under the Rules/Act, the Trademark Registration cost is lost. Additionally, after rejection, while filing another Trademark application of a modified Trademark, the Trademark Registration fee has to be paid again. Hence, conduct a Trademark Search and follow the provisions of the Rules & Act before applying for Trademark Registration to avoid rejection.
- Register the Word Mark: A business is recognised by its logo and name. If the Trademark has a design & a brand name, two applications, i.e., 2 Form TM-A, should be filed for registering the logo & name separately. Only one Trademark category can be registered in a single application. Since the device or logo mark and name mark are two different categories of Trademark, two applications have to be filed separately for registering the logo & name.
In some cases, where there is a logo & name, it’s better to apply only once for registration and avoid paying fees for two applications. A brand name or wordmark can be represented in a different manner once it’s registered. The graphical representation of the name can be done in any design & manner. Hence, word marl registration gives extensive protection & flexibility to use in any manner.
- Hire an expert: It’s advisable to hire a Trademark expert before applying for Trademark Registration. Though the Trademark owners can apply for Trademark Registration themselves, it’s better to involve professional help as they know the reasons for Trademark rejection under the Act & Rules. They will help to minimise the chance of rejection of the Trademark application.
The fact that you require Trademark protection for your brand or mark is undeniable. Not registering your brand or Trademark gives a window of opportunity for 3rd parties to misrepresent your brand or mark. Therefore, it is best to obtain a Trademark Registration and use different ways to reduce Trademark Registration cost as mentioned above.