Trademark Registration in India
Trademark registration is a crucial step in protecting your brand and securing your business identity. It ensures legal protection and exclusive rights to your brand name, logo, or slogan, ensuring a strong and recognizable brand. Consult our trademark attorney to start the trademark registration process.
Pricing Summary
(Professional Fee ₹ 1999 + Govt Fee:₹4500)
- Trademark Availability Search
- Trademark Application Filing
- Order Online
- Submit your Documents
- Get Filed Documents within 24hrs
Trademark Registration in India: Overview
Trademark registration is a critical step for Indian businesses looking to protect their brand identity and ensure legal exclusivity. A trademark is a unique mark for goods or services, such as a word, phrase, symbol, or design, that enables customers to recognize and distinguish one brand from another. The Trademarks Act of 1999 and the Trade Marks Rules of 2017 govern trademark registration in India. The registration process consists of a thorough search, application submission, examination, publication, and registration. Trademark registration provides exclusive rights, legal protection, brand recognition, and increased commercial value. The Trademarks Journal allows the public to oppose a registration within four months otherwise Trademark Registration certificate will get issued.
What Is Trademark?
A trademark is a distinctive mark for products or services that can be a word, logo, phrase, symbol, design, or a combination of these elements. It helps customers recognize and distinguish one brand from another, thereby building brand loyalty and trust.
Important Points About Trademarks
- Identification: Trademarks identify the source of goods or services, allowing consumers to distinguish between different brands.
- Legal Protection: Trademarks offer legal protection for a brand, preventing others from using similar marks that may cause confusion.
- Intellectual Property: Trademarks are considered intellectual property, giving the owner exclusive rights to use the mark.
- Trademark symbols: Trademark symbols include ™ (for unregistered trademarks) and ® (for registered trademarks)
Trademark Registration Fees
(Professional Fee ₹ 1999 + Govt Fee:₹4500)
- Trademark Availability Search
- Drafting of User Affidavit
- Filing of Trademark Application
Documents Required For Trademark Registration
- Applicant/ Authorised Signatory Name
- Applicant/ Authorised Signatory Father Name
- Applicant/ Authorised Signatory Address
- Name of Company (if any)
- MSME Registration Certificate (If any)
- Trademark Logo in Jpeg Format (If any)
- List of Products or services
- Trademark Class
- Company Email ID and Mobile number
Trademark Registration Process in India
Online trademark registration in India can be intricate, involving numerous steps and government procedures. At SetupFiling.In, we simplify this process. Here’s a breakdown of how we can assist you:
Step 1. Trademark Search:
Please begin the process by providing us with the necessary information about your desired trademark and industry. Our experts will conduct a thorough search of the trademark database to determine its availability. When we find an available brand, we proceed to the next step.
Step 2. Class Selection and Document Collection:
Our professional experts will assist you in selecting the most appropriate class or classes to cover all aspects of your business. Concurrently, you can start uploading the documents needed for online trademark registration.
Step 3. Trademark Application Filing:
Our expert team will review your documents to ensure their accuracy and completeness. We then fill out the trademark application form on your behalf, ensuring that all necessary documents are submitted correctly. Throughout the process, we maintain transparency and keep you informed by monitoring Trademark Registry notifications until the trademark or brand name registration is complete.
Congratulations! Once the application is submitted, you can begin using the ™ symbol.
Step 4. Trademark Examination:
The application is assigned to a Trademark Officer (TMO) for review. Depending on the registry’s backlog, this examination is typically completed within 3 to 6 months of filing. The TMO evaluates the mark’s compliance with legal standards and issues an examination report. The examination report may either accept the application or raise objections.
Grounds for Objection:
- Absolute Grounds (Section 9):
- Trademarks that are devoid of distinctive character.
- Marks that consist exclusively of descriptive terms or common symbols.
- Marks that may deceive or cause confusion among consumers.
- Relative Grounds (Section 11):
- Trademarks that are similar or identical to existing registered marks for similar goods/services.
- Marks that could mislead consumers about the origin of goods/services due to their similarity to existing trademarks.
Response to Examination Report
If objections are raised, applicants must respond within 30 days from receipt of the examination report. Failure to do so may result in abandonment of the application. Responses should address each objection raised, providing justifications or amendments as necessary.
Step 5. Trademark Publication:
In India, once a trademark application passes the examination stage without any objections or if any objections are resolved, it is published in the Trademark Journal. This publication allows for public scrutiny and allows third parties to oppose the registration if they believe the mark infringes upon their rights. The opposition period lasts for 4 Months from the date of publication. If no opposition is filed within this period, the trademark proceeds to registration.
Step 6. Issuance of Trademark Registration certificate:
If there are no oppositions, or if oppositions are resolved in your favor, the trademark is registered, and a registration certificate is issued. Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol can now be placed next to the logo or text.
How long does the trademark registration process take?
The trademark application process in India typically takes 12 to 18 months, depending on the application’s completeness, any objections or oppositions raised, and the Trademark Office’s workload. A trademark search is the first step, followed by application filing, examination, publication, and registration. If the application is accepted, it is published in the Trademarks Journal for public opposition for a four-month period. If no opposition is filed, the trademark is registered, and a certificate is provided.
Difference Between ™ & ® Symbols
™ (Trademark)
This symbol indicates that a word, logo, or phrase is being applied as a trademark by a business or individual. It can be used without any formal registration. Essentially, it signals that the owner considers the mark to be their unique identifier and is asserting their rights over it.
Example – The brand Amul™ often uses the ™ symbol to indicate that their slogan “The Taste of India™” is a trademark, even if it might not be registered.
® (Registered Trademark)
This symbol is used once a trademark has been officially registered with the relevant government trademark office, such as the Intellectual Property India Office. It provides legal protection and signifies that the trademark is officially recognized and protected under trademark law.
Example: The brand Tata® uses the ® symbol to show that their name and logo are registered trademarks, providing them with legal protection.
Type of Trademark
Business Name
The most important trademark is your Business Name, You must protect it immediately before someone else get copy.
Logo of the Company
The logo is the image, artwork or emblems of your business. For Logo Registration, submit a high-resolution JPEG Image.
Punchline or Slogan
Punchline or Slogan, like “Ye Dil Mange More” of Pepsi, can be protected by registering the trademark registration in India.
Brand Name
The products of business are known by its independent name. It may be a wordmark or a device mark (image).
Domain Name
The domain names are also capable of registration under the Trademark Law. It brings a lot. of protection, and u must get it
Sound Mark
If a sound is unique to your business like the Airtel ring tone or ICICI jingle, then ensure to register it as Sound Mark.
Trademark Registration Benefits
Ensuring Exclusive Rights
Trademark registration grants you the exclusive rights to use a particular mark, logo, or slogan associated with your products or services. By registering your trademark, you gain legal protection against unauthorized use or infringement by others. This protection allows you to establish a unique brand identity and maintain your competitive edge in the market.
Provide Legal Protection
Trademark registration provides legal protection to the owner of the trademark, which means that the owner can take legal action against any person or business that uses the same or similar trademark for similar goods or services without the owner’s consent. The legal protection also allows the owner to seek damages and other legal remedies in case of infringement.
Building Brand Reputation and Trust
A registered trademark adds credibility and trustworthiness to your brand. It signals to consumers that your products or services are authentic and reliable. Trademarks help create a distinct brand image, making it easier for customers to identify and choose your offerings over competitors. It also strengthens customer loyalty and enhances your overall brand reputation.
Create Asset Value
A registered trademark is an intangible asset that can be valued and used for various business purposes, such as licensing and franchising. A registered trademark also enhances the value of the business and can be used as a valuable asset in the event of a sale or acquisition of the business.
Opportunity for International Protection
Trademark registration can be used to obtain protection in foreign countries through international treaties and agreements. This allows the owner to expand their business globally and protect their trademark in multiple countries.
Use of ® symbol
Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark. If someone else use the trademark then you can also sue the party if the trademark is registered.
Trademark classes in India
In India, trademarks are classified into various categories based on the type of goods and services they represent. This classification system is known as the Nice Classification, established by the Nice Agreement (1957), and is used internationally. In India, this system is adopted and managed by the Office of the Controller General of Patents, Designs, and Trade Marks. There are 45 trademark classes in total, divided into two broad categories:
- Classes 1 to 34: These classes cover goods.
Classes - 35 to 45: These classes cover services.
Validity of Trademark Registration in India
Trademarks are valid for 10 years and can be renewed indefinitely every 10 years. Renewing a trademark in India involves the following steps:
- Application for Renewal: File a renewal application (Form TM-R) with the Trademark Registry before the expiry of the trademark, which is valid for 10 years from the date of registration.
- Payment of Fees: Pay the required renewal fees along with the application.
- Grace Period: If you miss the renewal deadline, there is a six-month grace period during which you can still renew the trademark by paying additional fees.
- Publication: Once renewed, the renewal is published in the Trademark Journal.
- Confirmation: The Trademark Registry issues a renewal certificate confirming the extension of the trademark’s validity for another 10 years.
Trademark vs Copyright vs Patent
| Trademark | Patent | Copyright | |
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
FAQs on Trademark Registration
A trademark is a recognizable sign, symbol, or expression that distinguishes products or services of one enterprise from those of others. It can include words, logos, and even sounds. In the context of service industries, it is often referred to as a service mark.
No, registering a trademark is not compulsory. However, registration provides significant advantages, including legal rights to enforce the trademark against unauthorized use and easier proof of ownership in legal disputes.
- Exclusive Rights: Grants the owner exclusive rights to use the mark in commerce.
- Legal Protection: Offers legal recourse against infringement and passing off.
- Brand Recognition: Helps establish brand identity and consumer trust.
- Territorial Protection: Provides protection in the jurisdiction where registered.
- Conduct a Trademark Search: Verify that the proposed trademark is unique and does not conflict with existing marks.
- File an Application: Submit the application to the relevant trademark office, including details such as:
- Applicant’s name and address
- A graphical representation of the trademark
- Classes of goods/services associated with the trademark
- Examination Process: The application undergoes examination for eligibility. If objections arise, the applicant must respond within a specified time frame.
- Publication: If approved, the trademark is published for opposition.
- Registration: After overcoming any opposition, a registration certificate is issued.
A registered trademark is valid for 10 years from the date of application. It can be renewed indefinitely for additional 10-year periods by filing a renewal application before expiration.
Yes, trademarks can be assigned or licensed to other parties. This allows for flexibility in business operations and brand management
The owner of a registered trademark has the right to seek legal remedies against infringement, including:
- Permanent injunctions to stop unauthorized use
- Claims for damages caused by infringement.
nder Section 9 of the Trademarks Act, trademarks may be refused registration if they are:
- Non-distinctive or descriptive
- Deceptively similar to existing marks
These grounds ensure that trademarks are unique and not misleading to consumers
Protect Your Brand Before its get copied. Consult our Trademark Attorney Today!
Trademark Registration in States
- Trademark Registration in Delhi
- Trademark Registration in Maharashtra
- Trademark Registration in Karnataka
- Trademark Registration in Tamil Nadu
- Trademark Registration in Odisha
- Trademark Registration in Gujarat
- Trademark Registration in West Bengal
- Trademark Registration in Uttarakhand
- Trademark Registration in Mizoram
- Trademark Registration in Uttar Pradesh
- Trademark Registration in Bihar
- Trademark Registration in Jharkhand
- Trademark Registration in Madhya Pradesh
- Trademark Registration in Kerala
- Trademark Registration in Andhra Pradesh
- Trademark Registration in Himachal Pradesh
- Trademark Registration in Punjab
- Trademark Registration in Goa
- Trademark Registration in chhattisgarh
- Trademark Registration in Haryana
- Trademark Registration in Telangana
- Trademark Registration in Assam
- Trademark Registration in Tripura
- Trademark Registration in Sikkim
- Trademark Registration in Manipur
- Trademark Registration in Arunachal Pradesh
- Trademark Registration in Meghalaya