Firstly, nothing in the world comes for free, whether tangible or intangible. Therefore, to gain ownership over anything, you have to register it with the assigned authorities. Now about the question of can you claim a trademark without paying anything?

Trademark Registration Online guarantees your rights over your trademark and protects it from getting infringed or dishonoured.

However, the answer to your question can be both yes and no.

Yes because...

The reason for yes is because it's totally on you to register your trademark or not.

You can use a trademark without any conflicts unless it is not duplicating an already registered trademark.

Trademark is just an identity to recognize the source of goods and services.

No, because...

But if you think that you have put a lot of effort to finalize your trademark and won't be able to do it again.

Also, to avoid cases of duplicacy or surrendering.

Then it is advisable to get it registered at first instance to secure your rights over it.

However, you can not register a trademark for free. But, under the "common law trademark," you can use your mark without listing it.

The advantage of common law trademark rights is that it's free, and you don't need to fill out forms.

Common Law Trademark

A common law trademark protects a symbol, logo, product name or marks that identify the origin of goods or services before recording it with the state government.

So, when you look for can you claim a trademark without paying anything, then this law will help you in your favour.

Above all, you can use the TM sign with any name, slogan, logo that you use for your company without registering it.

However, it does not have any legal meaning.

But using the TM sign, make everyone know that you are planning to register the trademark and claim rights over it.

Also, you can sue for infringement of a trademark without registering it.

However, the party having it for a longer time with the tracing proof from the day of use will be favourable in the case.

Standard Cost of Registering Trademark in India

  • Rs.9000/- per application per class is the govt fee for the trademark registration of a company.
  • Rs.4500/- per application per class is a govt fee for the individual trademark registration.
  • Additional Rs. 3500/- is a Professional Fees of the agent for registering.
  • There is no govt fee for filing a response to a trademark objection. The legal experts, on the other hand, charge a fee for drafting the response.
  • The fee for applying for an extension of time to file a Trademark Objection is Rs.900/-.

I hope i have cleared your doubts about using and claiming trademark for free and you now have better understanding about what is the difference between both.

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