Indian Trademark Filing Fee increased – Retrospective effect from August 1, 2014

Indian Trademark Filing Fee increased

A year ago, we wrote about the tentative amendment to the Trademark Rules which involved the increase in filing fees.

The Trademark Rules have been Amended and published in the Official Gazette of India issued by the Department of Industrial Policy and Promotion.

Indian Trademark Filing Fee

Changes:

As mentioned earlier, there are only two changes in the Indian trademark filing fee

The first change is that the official fee for filing a new trademark application has been increased from INR 3500 – INR 4000 per class. (From Approximately USD 61 to USD 70)

The second change is that the official fee for filing a request for expedited examination has been increased from INR 17500 – INR 20000 per class (4 times the filing fee) (From Approximately USD 307 to USD 350)

Implementation:

For the effective implementation of this amendment, the Controller has issued a Public Notice No 51 of 2014.

Since the amendment is in effect from August 1, 2014 when the fees were only 3500, any applicant who has filed an application since August 1, 2014 has to submit the remaining official fee of INR 500 per class. Likewise if an application for expedited examination was filed, the remaining amount of INR 2500 has to be submitted.

This requirement has to be complied with on or before September 30, 2014. If the difference in fees are paid within the timeframe, the date of the application remains the same. However if you fail to comply with this and pay up the remainder later, then the date of application will be changed to the date on which you pay the difference in the fees.

While the date of application is important, if you’ve filed an application claiming priority, you ought to be very careful to ensure that you don’t lose those rights.

While I can understand the plight of those who file trademark applications in paper, what doesn’t make sense is the fact that the online system has not yet been updated. I just tried filing an application and it still shows that the fee is 3500.

I guess we have to wait and watch to see when the online system will be updated. In the meantime keep track of your applications and pay up the difference in the fees!

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