Concessions to Start Ups, Individuals and Small Enterprises
The new rules offer 50% discount on the official fees for startups and SME’s (small and medium enterprises) with respect to filing an application for registration of a trademark and for expedited processing of an application for registration of a trademark. Filing an application for registration of a trademark is Rs. 5000 (Paper Filing) / Rs. 4500 (e-filing and expedited processing of an application for registration of a trademark is Rs. 20000 (e-filing only)
The applicant should be recognized as a startup by the competent authority under the Startup India initiative. To qualify as a small enterprise, the applicant’s investment in plants and machinery alone should not exceed ten crore rupees if the applicant is a manufacturer. However, if the applicant is a service provider, the investment in equipment in general should not exceed five crore rupees.
Unlike the Indian Patent Amendment Rules, 2016 where the applicant being a startup/individual/SME enjoys discounted costs for the entire life of a patent application and even subsequently thereafter, in respect of renewal of the patent, the Trademark Rules, 2017 has limited the discounts with regard to Startups/Individuals/SME’s only filing and expedited examination of the trademark application.