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Naresh Kumar (Student)     01 October 2010

Registered trademark certificate

Dear Experts,

 

We have an application in trademarks registry, which online status says that it is registerd. The certificate number also generated by the TMR.


Now the question is, the Agent to whom I have given Authorization to deal my Trademark matters, is demanding huge money to issue that certificate. The reason he is saying is, we need to pay that amount to the government for issuing The certificate.

I request you all to suggest me, whether we need to pay to the TMR for issuing certificate? If yes how much is the staturoty fee?



Learning

 13 Replies

Suchitra. S (Advocate)     01 October 2010

Sir, let me know how much he is charging. The thing is, people charge different fees from the parties. Fee is not fixed and depends on where you go for registration and also how much you can pay. That should be agreed upon by the two of you before you actually apply for registration. If you had agreed to give certain fees, then now you cant say "No" to him. The charge for TM registration usually starts from 8-10k in Bangalore. 

Naresh Kumar (Student)     02 October 2010

Dear Madam,

Actually we have already paid Rs.12000, which he quoted,  for my Trademark apllication to him with a promise of no additional charges except in the case of opposition.

My application got registered by the TMR.

Suchitra. S (Advocate)     03 October 2010

Sir, I assure you that there is no requirement for him to pay any amount to get the certificate from TM Registration office. It is true that in case of any objections, you had to pay more. The fees you have paid should suffice him to give you the certificate now. As you have given him the POA to carry all transactions, he is now trying to harass you.


(Guest)

There are India Trademark Registration Service Fees includes

    * Payment of Attorney Fees
    * Payment of Government Fees for filing your application


You said that we have already paid Rs.12000, which he quoted,  for my Trademark apllication to him with a promise of no additional charges except in the case of opposition.

So, Suchitra. S  is right .Agent  is now trying to harass you.Ask why  he demand more money ?

Naresh Kumar (Student)     04 October 2010

thank you so much for replying to my querry.

I would like to know is there a chance to revoke the POA given to him and proceed with some other?

Suchitra. S (Advocate)     04 October 2010

You can send the copy of revocation of POA to the person to whom you had given POA after signing and getting notary signed. You can then appoint someone else for the purpose. Or, if the registration of TM has been done, you yourself can collect it from TM registration office.

prem (secretary)     05 October 2010

dear mam

i m practising advocate at himachal pradesh. do you let me know about the reg of company name.

Suchitra. S (Advocate)     05 October 2010

Prem Sir, do u mean the address of TM Registration office? I did not get you.

prem (secretary)     05 October 2010

mam 

yes mam office as well as the formalities. i only know that the company is regtd at jallendher bt nothing else.

Suchitra. S (Advocate)     05 October 2010

Sir, you please visit the following link to know about trademark registration and regarding registration offices in India.

https://www.patentoffice.nic.in/tmr_new/default.htm

MR.V.BALAKRISHNAN (INTELLECTUAL PROPERTY ATTORNEY)     09 October 2010

Dear Sir,

 

What Madam Suchitra has stated is true. .Each Attorney charges differently and there is nothing unusual .I know Attorneys who charge even 20T to 50T for one trade mark registration. It depends.

Attorneys like me only know how harassing it is to deal with Trade Mark Registry people. It is corrupted like anything. Now one well abled official ,Mr.Kurian.I.A.S. is heading it and he is really brining in changes in the whole administration of the TMR.

Therefore,before anything else,please understand that to get your mark registered your Agent ought to have taken pains-real pains. Therefore, it is no harm if you pay him to get him satisfied. Why because,it is not going to be over with this alone. 

 

He has to assist you forever. You would need him always. Sometimes someone may copy your mark,sometimes some similar mark may be applied for registration, sometimes you may change your ownership,change your address- for all these things he would come to you to help,provided you should not make him feel bad by questioning his asking for the fee. 

 

Take this in a friendly way, I am sincere. This is the practical world. Your attorney cannot account you all that what he might have spent to grease the palms of greedy Trade Mark Registry Officials. So be good to him,please.

MR.V.BALAKRISHNAN (INTELLECTUAL PROPERTY ATTORNEY)     09 October 2010

Dear Sir,

 

What Madam Suchitra has stated is true. .Each Attorney charges differently and there is nothing unusual .I know Attorneys who charge even 20T to 50T for one trade mark registration. It depends.

Attorneys like me only know how harassing it is to deal with Trade Mark Registry people. It is corrupted like anything. Now one well abled official ,Mr.Kurian.I.A.S. is heading it and he is really brining in changes in the whole administration of the TMR.

Therefore,before anything else,please understand that to get your mark registered your Agent ought to have taken pains-real pains. Therefore, it is no harm if you pay him to get him satisfied. Why because,it is not going to be over with this alone. 

 

He has to assist you forever. You would need him always. Sometimes someone may copy your mark,sometimes some similar mark may be applied for registration, sometimes you may change your ownership,change your address- for all these things he would come to you to help,provided you should not make him feel bad by questioning his asking for the fee. 

 

Take this in a friendly way, I am sincere. This is the practical world. Your attorney cannot account you all that what he might have spent to grease the palms of greedy Trade Mark Registry Officials. So be good to him,please.

shailendra (advocate)     02 April 2011

Madam,

There is no Govt. fees for issuance of TM certificate. Fees are limited to up to application. If there is no chance to resolve the matter with you attorney. then you may cancel authorization of attorney and from your end you may opt for duplicate certificate.


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