Filing a trademark in India can be done by anyone either an Individual/Sole proprietor or the Legal Entity itself. Legal Entity can be divided into following Categories: Partnership firms, Corporation, Private limited company, Limited liability Company etc.
While filing Trademark a person must keep in mind Government Filing fees for the Trademark which is as follows: For Individual: Rs.4500 and while for the legal Entity it is Rs. 9000.
As from the above it is clear that there is huge difference between the filing fees for the individual and the Legal entity but a person can save the money if he wants registration under his company’s name.
HOW MONEY CAN BE SAVED?
As we all know about the initiative taken by the Government in order to promote the small Medium enterprises by providing them Udyog Aadhar Registration which have many benefits one of which is Fees reduction for filing of Trademarks and Patents. For obtaining MSME Certificate the Enterprise 1st has to identify that whether it is a Manufacturing Enterprise or service Enterprise, after this the Enterprise has to identify whether it is a Micro or Small or medium Enterprise which can be decided according to the turnover of your enterprise:
|Enterprises||Investment in plant & machinery|
|Small Enterprises||More than twenty five lakh rupees but does not exceed five crore rupees|
|Medium Enterprises||More than five crore rupees but does not exceed ten crore rupees|
|Micro Enterprises||does not exceed Rs. 25 lakh|
|Enterprises||Investment in Equipments|
|Small Enterprises||More than ten lakh rupees but does not exceed two crore rupees|
|Medium Enterprises||More than two crore rupees but does not exceed five core rupees|
|Micro Enterprises||does not exceed Rs. 10 lakh|
Therefore, company who has registered itself under the MSME or obtained the Udyog Adhar Govt registration provided with a unique number and a recognition certificate to certify any small medium enterprise or business, can claim the benefit in reduction of fees in the trademark filing. So, now instead of Rs.9000 person is only required to pay Rs.4500 same as that of the Individual/sole proprietor.
And to know more about Udyog Adhar Registration and Procedure for Filing the Udyog Adhar, You can see our previous Article on UDYOG AADHAR REGISTRATION - EVERYTHING YOU NEED TO KNOW ABOUT THE SCHEME FOR MSME
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