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Trademark Registration in India

Is your brand name, business name, or logo unique? If so, it’s important to protect it before others attempt to copy it. Secure your intellectual property by filing a trademark registration application today. Once filed, you’ll have the right to use the ™ symbol within 24 hours. Don’t wait—protect your brand now. We’re currently protecting over 19,500 trademarks.

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    Trademark Registration: Secure Your Brand’s Future

    In today’s competitive world, protecting your brand is more important than ever. Whether you’re launching a new business or growing an established one, trademark registration is a key step you shouldn’t ignore.

    What Is a Trademark?

    A trademark is a unique name, logo, phrase, or symbol that identifies and distinguishes a business’s products or services from others. It helps customers recognize your brand and builds trust. Trademarks protect your brand from being copied or misused by competitors. Once registered, you gain legal rights to use the mark exclusively. This legal protection can apply to brand names, slogans, packaging, or even sounds. In short, a trademark is your brand’s identity in the marketplace.

    Trademark Public Search
    E-Filing of Trademarks, Trademark Registration, DIR 3 KYC, Director KYC
    Trademark Status Check

    Why Is Trademark Registration Important?

    Many business owners use logos and brand names without realizing that without trademark registration, they don’t fully own the rights to those assets. Here’s why registering your trademark is important:

    1. Legal Protection

    Once registered, you gain the exclusive right to use the trademark in connection with your goods or services. If someone copies your brand or logo, you can take legal action against them.

    2. Brand Value

    A registered trademark increases your brand’s value. If you ever plan to sell your business, having a trademark can make it more attractive to buyers.

    3. Exclusive Rights

    You get the exclusive right to use your trademark nationwide, which prevents others from copying or misusing your brand.

    4. Nationwide Rights

    In many countries like the United States or India, registration gives you legal rights across the entire country—not just your local area.

    Fees and Required Documents for Trademark Registration

    Trademark Registration Fees

    (Professional Fee ₹ 1999 + Govt Fee:₹4500)

    ₹ 6500/-
    • Trademark Availability Search
    • Drafting of User Affidavit
    • Filing of Trademark Application
    Order Online
    Note – Above Fee Does not include Objection and Hearing Fees (if any)

    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

    Type of Trademark in India

    Word Mark

    A word mark uses only words, letters, or numbers to represent a brand, without any design
    Example: "TATA", "AMUL", or "AIRTEL"

    Device Mark (Logo)

    A device mark is a logo or symbol that represents a brand visually.
    Example: Nike’s swoosh, Apple’s apple logo

    Punchline or Slogan

    A short, catchy phrase that represents the brand’s message.
    Example: “Just Do It” (Nike), “Daag Acche Hain” (Surf Excel)

    Brand Name

    A brand name is the name used to identify a company’s products or services. It can be protected as a trademark.
    Example: Pepsi, Samsung, Zomato

    Domain Name

    A domain name is a website name that identifies a brand online and can be trademarked if unique.
    Example: flipkart.com, amazon.in

    Sound Mark

    A sound mark protects a unique sound or tune linked to a brand that people recognize by hearing.
    Example: Yahoo! yodel, Intel chime

    Explore Trademark Classes

    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.
    Class Class Description
    Class 1Chemicals used in industry and science; unprocessed artificial resins, unprocessed plastics; adhesives; chemical substances for agricultural use.
    Class 2Paints, varnishes, lacquers; preservatives against rust and deterioration of wood; coloring matters, dyes, and inks.
    Class 3Cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery; cosmetics and haircare products; essential oils.
    Class 4Industrial oils and greases; lubricants; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
    Class 5Pharmaceutical and veterinary preparations; sanitary products; dietetic food and substances; baby food; medical plasters; disinfectants; fungicides.
    Class 6Common metals and their alloys; metal building materials; transportable buildings of metal; non-electric cables and wires of metal; small hardware items.
    Class 7Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components; agricultural implements.
    Class 8Hand tools and implements (manually operated); cutlery; side arms; razors and shaving instruments.
    Class 9Scientific, nautical, and surveying instruments; photographic and cinematographic apparatus; measuring devices; computers and software; fire-extinguishing apparatus.
    Class 10Medical and surgical instruments and apparatus; orthopedic articles; suture materials; therapeutic and diagnostic equipment.
    Class 11Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
    Class 12Vehicles; apparatus for locomotion by land, air, or water, including automobiles, bicycles, and aircraft.
    Class 13Firearms; ammunition and projectiles; explosives; fireworks and related devices.
    Class 14Precious metals and their alloys; jewelry; precious stones; horological and chronometric instruments such as watches and clocks.
    Class 15Musical instruments; cases and accessories for musical instruments.
    Class 16Paper, cardboard, and goods made from these materials; printed matter; office supplies; stationery; adhesives for stationery; artists’ materials.
    Class 17Rubber, gutta-percha, gum, asbestos, and mica; plastics in extruded form for use in manufacturing; insulation materials; non-metallic flexible pipes.
    Class 18Leather and imitations of leather; animal skins; luggage, bags, and wallets; umbrellas, parasols, and walking sticks.
    Class 19Non-metallic building materials; rigid pipes not of metal; asphalt, pitch, and bitumen; non-metallic transportable buildings.
    Class 20Furniture; mirrors; picture frames; goods made of wood, cork, cane, and substitutes; plastic and resin furniture items.
    Class 21Household or kitchen utensils; combs and sponges; brushes (except paint brushes); glassware, porcelain, and earthenware items.
    Class 22Ropes, string, nets, tents, tarpaulins, sails; padding and stuffing materials (except rubber or plastics); raw fibrous textile materials.
    Class 23Yarns and threads for textile use.
    Class 24Textiles and textile goods; bed covers; table covers; curtains; fabric materials.
    Class Class Description
    Class 25Clothing, footwear, headgear including apparel for men, women, and children.
    Class 26Lace, embroidery, ribbons, and braid; buttons, hooks and eyes, pins, and needles; artificial flowers; hair decorations.
    Class 27Carpets, rugs, mats, and matting; linoleum and other materials for covering floors; wall hangings (non-textile).
    Class 28Games and playthings; gymnastic and sporting articles; decorations for Christmas trees.
    Class 29Meat, fish, poultry, and game; meat extracts; preserved, frozen, dried, and cooked fruits and vegetables; dairy products; edible oils and fats.
    Class 30Coffee, tea, cocoa, sugar, rice, tapioca, flour and preparations made from cereals, bread, pastry, and confectionery; ice cream; honey, treacle; yeast, baking powder; salt; mustard; vinegar; sauces (condiments); spices; ice.
    Class 31Raw and unprocessed agricultural, aquacultural, horticultural, and forestry products; unprocessed grains and seeds; fresh fruits and vegetables; natural plants and flowers; foodstuffs for animals; malt.
    Class 32Beers; mineral and aerated waters; non-alcoholic beverages; fruit beverages and fruit juices; syrups and preparations for making beverages.
    Class 33Alcoholic beverages (excluding beers); wines, spirits, and liqueurs.
    Class 34Tobacco; smokers’ articles; matches; electronic cigarettes and related items.
    Class 35Services including advertising, business management, business administration, office functions, retail and wholesale services, and marketing.
    Class 36Insurance; financial services; monetary transactions; real estate affairs including investment, leasing, and management services.
    Class 37Construction services; repair and maintenance of buildings, vehicles, and machinery; installation services for systems, appliances, and other equipment.
    Class 38Telecommunications services, including the transmission of voice, data, and messages; broadcasting of radio, television, and digital media.
    Class 39Transport of goods and people; packaging and storage services; travel arrangement and logistics management.
    Class 40Treatment of materials including custom manufacturing, recycling, metal treatment, textile processing, and printing services.
    Class 41Education and training services; entertainment; sporting and cultural activities including live performances, publishing, and event management.
    Class 42Scientific and technological services; industrial analysis and research; design and development of computer hardware and software.
    Class 43Services for providing food and drink; temporary accommodations including hotels, cafes, and catering services.
    Class 44Medical and veterinary services; hygienic and beauty care for people and animals; agriculture, aquaculture, and forestry services.
    Class 45Legal services; security services for the protection of property and individuals; personal and social services provided to meet the needs of individuals.

    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:

    1. 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.
    2. 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.

    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.

    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:

    1. 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.
    2. Payment of Fees: Pay the required renewal fees along with the application.
    3.  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.
    4. Publication: Once renewed, the renewal is published in the Trademark Journal.
    5. Confirmation: The Trademark Registry issues a renewal certificate confirming the extension of the trademark’s validity for another 10 years.
    Trademark Renewal in India

    Trademark vs Copyright vs Patent

     TrademarkPatentCopyright
    What’s protectedAny 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 protectionA 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 protectionAs long as the mark is used in commerce.20 yearsAuthor’s life span+ 70 years.
    Rights GrantedRight 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.

    Frequently asked questions (FAQs)

    A trademark is a distinctive sign, symbol, logo, or word that identifies the goods or services of a particular company. Registering a trademark helps protect your brand identity, ensures exclusive rights to use the mark, and prevents unauthorized use by others.

    To register a trademark in India, you need to:

    • Conduct a trademark search to ensure no similar trademarks are already registered.
    • File a trademark application with the Indian Trademark Office.
    • Provide necessary details, such as the name/logo, the class of goods/services, and a description.
    • After filing, your application will undergo examination and may be published in the Trademark Journal. If no objections are raised, your trademark will be registered.
    • Legal Protection: You gain exclusive rights to your trademark.
    • Brand Recognition: Your trademark helps customers easily recognize your products/services.
    • Prevents Infringement: Registration provides the right to take legal action against anyone using your trademark without permission.
    • Nationwide Protection: A registered trademark is protected across India.

    The cost of trademark registration in India depends on the class of goods or services and the number of classes for which you want protection. Typically, the government fee ranges from ₹4,500 to ₹9,000 per class for individuals or startups.

    The entire process can take anywhere from 9 months to 1 year, depending on whether there are any objections, oppositions, or additional steps required.

    India follows a classification system where goods and services are divided into 45 different classes. A class represents a specific category, such as clothing, food, technology, or services. You should select the appropriate class based on the nature of your goods/services. Our team at setupfiling.in can help you identify the right class for your business.

    No, you cannot register a trademark that is identical or confusingly similar to an existing one. It’s essential to perform a thorough trademark search to check for conflicts before applying.

    Yes, you can file a trademark for a word, phrase, slogan, or sound. However, if you want to protect a logo, it must be submitted as part of the application.

    If someone uses your registered trademark without permission, you have legal rights to take action. This can include sending a cease-and-desist letter or filing a trademark infringement case in court.

    A trademark in India is valid for 10 years from the date of registration. You must renew it before the expiration of the 10-year period to maintain exclusive rights. Renewal can be done online through the official trademark website or with the help of our team.

    Yes, a trademark can be transferred or assigned to another entity. This is usually done through a written agreement and must be recorded with the Trademark Office.

    The Trademark Journal is a publication that lists all trademark applications that have been examined and accepted by the Trademark Office. Once your trademark is accepted, it will be published in the journal to allow for opposition. If there are no oppositions, it will be registered.

    If your trademark is opposed by a third party, you will be required to respond to the opposition, and a hearing may be scheduled. It’s advisable to seek legal assistance to resolve any oppositions effectively.

    Yes, foreign entities or individuals can register a trademark in India, but they need to appoint a local agent (a registered trademark attorney) to file the application on their behalf.

    You can check the status of your trademark application by visiting the official website of the Trademark Office or by contacting our team at setupfiling.in for real-time updates.

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