The Trade Marks Rules, 2017 handed startups and SMEs a real break: half-price official fees, and the ability to fix a mis-classified application without losing priority. For an early-stage business, that changes the maths of protecting a brand.
The headline: a 50% fee discount
Effective 6 March 2017, the Rules give startups and SMEs a 50% discount on official fees for filing a trademark application and for expedited processing. Indicatively:
- Trademark filing: ₹5,000 (paper) / ₹4,500 (e-filing).
- Expedited processing: ₹20,000 (e-filing only).
(Fees are revised from time to time — confirm current rates before filing.)
Who qualifies
- Startups must be recognised under the Startup India initiative.
- Small/medium enterprises must meet the investment thresholds — historically, manufacturers (plant and machinery within the prescribed cap) or service providers (equipment within the prescribed cap). Keep your DPIIT / Udyam registration handy to claim the tier.
A quieter but valuable win: reclassification
The 2017 Rules also let applicants amend goods/services classification where it was initially filed incorrectly — including splitting classifications and adding classes — rather than filing fresh applications. Crucially, this preserves the priority date and saves time. For a young company that filed hastily, this is a meaningful safety valve.
The limits
Unlike patent rules — where the small-entity discount runs through the life of the application — the trademark discount applies only to the initial filing and expedited examination phases. Downstream actions do not carry the same concession.
Practical guidance
- Register your startup/SME status first, then file — so you claim the discount from the outset.
- File thoughtfully, but know you can reclassify without losing priority if you slip.
- Budget beyond filing — the discount does not cover every later step.
Frequently asked questions
What discount do startups and SMEs get on trademark fees? A 50% reduction in official fees for filing and expedited processing under the Trade Marks Rules, 2017.
Who is eligible? Startups recognised under Startup India, and SMEs meeting the prescribed investment thresholds (with DPIIT/Udyam registration).
Can I fix a wrongly classified application? Yes. The 2017 Rules allow reclassification — splitting or adding classes — while preserving the priority date.
Does the discount cover the whole process? No. Unlike patents, the trademark discount applies only to filing and expedited examination, not every later stage.
Useful official resources
- The Trade Marks Act, 1999
- Startup India