Why Trademark Fees in India Jumped Dramatically in 2017 — And What It Means for Your Business

By Santosh Sangle, TM Attorney No. 33801, Legismith Partners LLP, Pune. Published May 2026.

If you have ever compared trademark registration fee quotes from two different attorneys and found wildly different numbers — ₹2,500, ₹4,500, ₹9,000 — part of the confusion traces back to the Trade Marks Rules 2017 amendment that radically restructured government fees in India. Here is what changed, why it changed, and what it means for businesses filing today.

The Old Fee Structure — Trade Marks Rules 2002

Before March 2017, trademark filing fees in India were governed by the Trade Marks Rules 2002. The fee structure was simpler and significantly lower — and critically, it was the same for all applicant types. There was no differentiation between an individual filing and a multinational company filing. The Trade Marks Rules 2002 prescribed:

Form	Purpose	Fee (Physical Filing)	Fee (E-Filing)
TM-1 / TM-3 / TM-8	Application for trademark registration (various types)	₹3,500 per class	₹2,500 per class (approx.)
TM-12	Renewal of trademark	₹5,000 per class	₹3,500 per class (approx.)
All applicant types	No differentiation by entity type	Uniform rate	Uniform rate

Approximate figures for Trade Marks Rules 2002 fee schedule. The exact fee amounts varied by specific form type and were subject to amendments. The key point: no differentiation by applicant type existed before 2017.

What Changed in March 2017

The Trade Marks Rules 2017, published in the Official Gazette on March 6, 2017, and brought into force on March 8, 2017, made three structural changes to the fee schedule:

Change 1 — Fee Differentiation by Applicant Type (The Biggest Change)

For the first time in Indian trademark history, the 2017 Rules introduced a two-tier fee structure based on the applicant’s entity type. The rationale: large companies have more resources and benefit more from trademark protection; individual entrepreneurs, small businesses, and startups should not face the same financial barrier.

• Individuals, Proprietors, MSME-registered businesses, DPIIT-recognised Startups: ₹4,500 per class (e-filing)
• Companies, LLPs, Partnerships, Trusts, Societies: ₹9,000 per class (e-filing)

For companies, the e-filing fee went from approximately ₹2,500 per class to ₹9,000 per class — an increase of approximately 260%. For companies filing physically, from approximately ₹3,500 to ₹10,000 — approximately 186% increase.

Change 2 — Form Consolidation (11 Forms Became 8)

The 2002 Rules had 11 separate application forms (TM-1 through TM-16 covering various trademark application types). The 2017 Rules consolidated these into 8 rationalised forms. Importantly, TM-A became the single form for all trademark applications regardless of type — wordmarks, device marks, series marks, collective marks, certification marks. This simplified the process significantly.

Change 3 — E-Filing Incentive Formalised

The 2017 Rules formally priced e-filing at ₹500 less per class than physical filing for all categories, explicitly incentivising the use of the IP India portal over physical visits to the Trade Marks Registry. This reduced the registry’s administrative load and accelerated processing times.

Before vs. After — Complete Fee Comparison

Stage	Pre-2017 Fee (All Applicants, E-Filing)	Post-2017 Fee — Individual/MSME	Post-2017 Fee — Company/LLP	Change for Companies
Application Filing	~₹2,500 per class	₹4,500 per class	₹9,000 per class	+260%
Renewal	~₹3,500 per class	₹9,000 per class	₹9,000 per class	+157%
Opposition / Counter-Statement	~₹2,500 per class	₹2,700 per class	₹2,700 per class	+8%
Differentiation between individual and company	None	₹4,500	₹9,000	New — did not exist before 2017

Why Did the Government Make These Changes?

Three reasons drove the 2017 restructuring:

1. Incentivising MSME and startup IP protection: The government recognised that small businesses and startups were underutilising the trademark system due to cost barriers. The concessional ₹4,500 rate for individuals and MSMEs was designed to bring more small businesses into the formal trademark protection framework. This aligned with the Startup India initiative launched in January 2016.
2. Increasing IP India revenue: The dramatic fee increase for companies and LLPs — from approximately ₹2,500 to ₹9,000 per class — significantly increased the government’s revenue from large corporate trademark filers. India’s trademark filings have grown significantly since 2017; WIPO’s 2024 World IP Indicators report showed India processing over 600,000 trademark applications annually — placing it among the top 5 trademark filing jurisdictions globally.
3. Aligning with international fee norms: Pre-2017, India’s trademark fees were among the lowest in the world — even lower than many developing countries. The 2017 increase brought India’s corporate filing fees closer to international norms, though still below USPTO ($350 per class) or EUIPO (€1,000 per class) rates.

What It Means for Businesses Filing Today in 2026

The 2017 fee structure has been unchanged since introduction — there have been no further amendments to the First Schedule of the Trade Marks Rules 2017 as of May 2026. This means:

• If you are an individual, proprietor, MSME, or DPIIT startup: You benefit from the ₹4,500 per class rate introduced in 2017. For a startup filing in 3 classes, the total government fee is ₹13,500 — unchanged since 2017.
• If you are a company or LLP: You pay ₹9,000 per class. A company that filed in 2016 at ₹2,500 per class will pay ₹9,000 per class for renewal in 2026 — but renewal has no concessional rate, so even MSMEs pay ₹9,000 per class at renewal.
• Will fees increase further? The government periodically reviews the Trade Marks Rules. While no amendment has been announced as of May 2026, businesses should file sooner rather than later at the current fee rates. Past experience shows fee revisions are upward, not downward.

The Single Most Costly Consequence of the 2017 Rules — Missed MSME Concession

The 2017 Rules introduced a powerful concession — but they also introduced a new type of error. Before 2017, there was only one fee rate. After 2017, there are two. Choosing the wrong one costs ₹4,500 per class with no refund. A company that qualifies as an MSME (holding a valid Udyam Registration Certificate) but files as a “company” pays ₹9,000 per class instead of ₹4,500 — and cannot claim back the difference. Legismith verifies every client’s eligibility before filing specifically to prevent this error.

For the current government trademark filing fee in India, see the complete trademark filing cost in India guide with all 2026 fee tables. For the full trademark registration process, see the how to register a trademark in India guide.

🔆 WhatsApp Legismith — Free Cost Estimate