Fee for International Trademark Provisional Refusal in India

Our fee for responding to provisional refusal of international trademark in India shall be US$200 for each class.

India is a part of Madrid Protocol system, so International trademark applications designating India are treated on par with locally filed trademark application.

All international trademark applications undergo normal examination at the trademarks registry and are therefore checked for conflict with already registered and pending marks. In case an identical or similar trademark has been registered or has been filed with a prior date then the international trademark would receive a provisional refusal.

To acquire trademarks protection in India, the applicants MUST respond to the notification of provisional refusal of their mark within ONE MONTH of the said refusal.

Reason for refusal of an International Trademark in India

  • The refusal 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 is also often 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.

Attorney fee for International Trademark Refusal in India

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 an application 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.

You may directly call on +91.9860588440 or write mail to info@bhagnari.com for further information and discussions.

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