The Trade Marks Rules, 2017 came into force on 6 March 2017 — simplifying prosecution (75 forms down to 8, expedited registration) but with an unmistakable sting: a steep fee hike, even higher than the 2015 proposal. Here’s who pays more, and who catches a break.
The fee escalation
For most applicants, the basic filing fee more than doubled per class. But the Rules built in incentives:
- a 10% discount for online filings vs physical filings — to push e-filing; and
- a big break for individuals, startups and small enterprises (defined in the Rules).
A blessing in disguise for smaller applicants
For individuals, startups and small enterprises, the filing fee per class is only ₹4,500 (online) / ₹5,000 (paper) — versus roughly double for other entities. So while the hike hits large applicants, smaller ones are cushioned.
Expedited processing — end to end
The old Rule 38 (2002 Rules) let you expedite examination (within three months) by paying five times the fee. The new Rule 34 goes further — you can now expedite the entire process to registration. Again, individuals/startups/small enterprises pay ₹20,000 vs ₹40,000 for others, and the request must be filed online.
Caveat: these discounts apply only to basic filing and expedited processing — for all other applications, the fee is the same regardless of applicant type.
Oppositions — only a nominal increase
Notably, the opposition fee rose only slightly — from ₹2,500 to ₹2,700 (online), ₹3,000 (paper) — no dramatic hike.
The bigger picture
The DIPP notified the Rules to simplify and speed up registration. Beyond the fee escalation, the Rules addressed the e-filing system, special privileges for startups/SMEs, and the Registry’s journey from paper to electronic — very much in the Digital India spirit.
The takeaways
- Fees roughly doubled for most applicants — but online is 10% cheaper than paper.
- Individuals/startups/small enterprises get ₹4,500/class filing — a real discount.
- Expedited processing (Rule 34) now runs end-to-end, ₹20,000 (concessional) or ₹40,000.
- Opposition fees barely moved — ₹2,700 online.
Frequently asked questions
How much did trademark filing fees rise under the 2017 Rules? For most applicants, the basic filing fee more than doubled per class; online filing is 10% cheaper than paper.
Do startups get a discount on trademark fees? Yes — individuals, startups and small enterprises pay ₹4,500 per class online (₹5,000 paper), roughly half the fee for other entities.
What is the expedited processing option? Rule 34 lets you fast-track the entire process to registration for ₹40,000 (₹20,000 for individuals/startups/small enterprises), filed online.
Did opposition fees increase much? No — only nominally, from ₹2,500 to ₹2,700 (online) / ₹3,000 (paper).
Useful official resources
- The Trade Marks Act, 1999
- Trade Marks Registry — IP India