Fee for International Trademark Provisional Refusal in India

  • The refusal of a trademark is often under Section 9(1) (a) of the Trade Marks Act 1999, if the mark is descriptive or non-distinctive as such that it is not capable of distinguishing the goods and services of one business from others, or is something that indicates kind, quality, quantity, intended purpose, values, geographical origin of the product.
  • The refusal of a trademark can also be under Section 11 (1) of the Trade Marks Act, 1999, if the mark is identical with or similar to earlier marks in respect of identical or similar goods and services, and due to this there exists a likelihood of confusion on the part of the public.

We shall study the documents cited for provisional refusal of the case by the Indian Trademarks office and file our proper response to overcome the objections. This response needs to be filed within ONE month of the date of communication of the refusal to the applicant. A notice of refusal is usually accompanied by a list of conflicting marks. We shall also study this list and offer our opinion on the possibility of successful registration of the mark.

Fees for International Trademark application under Madrid Protocol:

  1. Option 1: Our fee for responding to provisional refusal is US$200 for each class. After responding to this refusal, a hearing with the examiner is usually set up. We charge US$150 for each session of the hearing.
  2. Option 2: Alternatively our fee to handle each mark in each class till registration shall be US$400.

The above fee option 2 would be applicable for a case which does not face a third party opposition. Opposition proceedings are uncertain in degree and complexity, so a fee for these can not be predicted.