Trademark Registration in India

Trademark registration provides an exclusive right to the owner and makes its products and services distinctive from others. It is not mandatory by law; however it is a good idea to get it done before its get copied. Protect Your Brand Name, Logo , Domain name , Business name with our 12+ Years experienced Professionals. Contact us for more detail.

Apply for Trademark

₹ 1999 + Govt Fee (₹4500)

Trademark Availability Search
Trademark Registration Under One Class

What Is Trademark?

A trademark is a unique symbol, logo, name, phrase, or design that distinguishes your products or services from those of others in the marketplace. It serves as a powerful tool in establishing brand recognition and consumer trust. Registering your trademark provides you with exclusive rights to use that mark in connection with your offerings.

Trademark Registration Fees

Apply for Trademark quickly within 1 day

₹ 1999 + Govt Fee(₹4500)

Free Consultation
Trademark Availability Search
Classification of Trademark
Drafting of User Affidavit
Filing of Trademark Application

Services Covered

Online Filing of ONE trademark application
Drafting of Form TM-A
Advise on trademark classification
Follow-up with department
24*7 Hours Support

Trademark Registration Documents

Trademark Questionnaire (Information about applicant)
Image of Logo or Device Mark in JPEG (If any)
Trademark Attorney Authorisation (We will draft)
Affidavit (We will draft)
Usership Proof like invoice, Domain Registration etc (if Any)

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.

What is Trademark Class?

A trademark class, also known as a class of goods or services, is a category of goods or services for which a trademark is used or intended to be used. The classification system for trademarks is used to facilitate the registration and management of trademarks by organizing them into different classes based on the type of goods or services they represent.

There are 45 different classes of goods and services recognized by the International Classification of Goods and Services, also known as the Nice Classification. This classification system is used in many countries around the world, including the United States, India, and the European Union.

Each class of goods and services is assigned a unique number, ranging from 1 to 45. The classes are divided into two main categories: Goods and Services. The Goods category is further divided into 34 classes, covering goods such as chemicals, pharmaceuticals, and vehicles. The Services category is divided into 11 classes, covering services such as advertising, education, and legal services.

How to Find out Right Trademark Class ?

When applying for a trademark registration, the applicant must identify the class or classes of goods or services for which the trademark will be used. The classification of the trademark is important because it determines the scope of protection provided by the trademark registration. A trademark registration in one class does not provide protection for the same trademark used in a different class. Therefore, it is important to carefully consider the goods or services for which the trademark will be used and to ensure that the trademark is registered in the appropriate class or classes.

Validity of Trademark Registration Certificate

In India, a trademark is initially registered for a period of 10 years from the date of application. After 10 years, the trademark can be renewed indefinitely for successive periods of 10 years each, as long as it continues to be used and maintained properly by its owner.

To maintain the validity of a trademark in India, the owner must continue to use the trademark in connection with the goods or services for which it is registered. Failure to use the trademark for a continuous period of 5 years can result in the trademark being vulnerable to cancellation or invalidation. This means that any interested party can file an application to cancel the registration of the trademark on the grounds of non-use.

In addition to non-use, there are other factors that can affect the validity of a trademark in India, such as abandonment, improper licensing, or infringement. It is important for trademark owners to monitor the use of their trademarks and take action to protect their trademarks from infringement or misuse.

The Trademarks Act, 1999 and the rules made thereunder provide for various provisions to protect the validity of trademarks in India. For instance, the Act provides for the cancellation of a trademark registration on the grounds of non-use or if the trademark has become generic, among other grounds. The Act also provides for legal remedies, such as injunctions and damages, for infringement of trademarks.

Trademark Registration Process

In India, trademark registration is governed by the Trade Marks Act, 1999 and is administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM). The process for trademark registration in India is as follows:

1. Trademark Search:

The first step in trademark registration is conducting a search of the trademark database to check if there are any similar or identical trademarks that are already registered or pending for registration.
2. Trademark Application:

Once the search is complete and there are no similar or identical trademarks, the applicant can file a trademark application with the CGPDTM. The application can be filed online or offline.
3. Examination by the Registrar:

After filing the application, the Registrar will examine the application to determine whether the trademark meets the requirements for registration. The Registrar may raise objections or issue a refusal if the trademark does not meet the requirements.
4. Publication:

If the Registrar is satisfied that the trademark meets the requirements for registration, the trademark will be published in the Trade Marks Journal. The public is given an opportunity to oppose the registration of the trademark during a specified period.
5. Issuance of Registration Certificate:

If no opposition is filed or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued

The process of trademark registration in India usually takes around 18-24 months. Once registered, the trademark is protected for a period of ten years from the date of registration and can be renewed indefinitely. It is important to note that trademark registration gives the owner the exclusive right to use the trademark in relation to the goods or services for which it is registered.

Frequently Asked Questions

What is a trademark?

A trademark is a word, phrase, symbol, or design that is used to identify and distinguish the goods or services of one party from those of others.

What is a trademark registration?

Trademark Registration is an intellectual property registration under the Trademark Act of India. Trademark registration provides ownership of intellectual property, rights to exclusive use of the registered trademark and legal protection in case of trademark infringement.

Who can register a trademark in India?

Any individual, company, or organization can register a trademark in India, as long as the mark is distinctive and not already in use by someone else.

What are the benefits of registering a trademark?

There are many benefits to registering a trademark, including:

The ability to prevent others from using your mark
The ability to use the ® symbol to indicate that your mark is registered
The ability to bring legal action against infringers.

How do I register a trademark in India?

The process for registering a trademark in India can be complex, so it is advisable to consult with a trademark attorney. However, the basic steps involved are as follows:

Conduct a trademark search to make sure that the mark you want to register is not already in use.
File an application for trademark registration with the Indian Trade Marks Registry.
Respond to any objections or oppositions that may be raised.
Pay the registration fees.

How much does it cost to register a trademark in India?

The cost of trademark registration in India varies depending on the class of goods or services that the mark is being registered for. However, the basic Government cost is around ₹4,500 to ₹9,000.

What is Class of a Trademark, How to do trademark classification?

For Trademark Registration, the goods and services are classified into 45 different classes. The most recent change in TM Classification is done by World Intellectual Property Organisation (WIPO) on 1st Feb 2018. Classes 1 to 34 pertains to goods and classes 35 to 45 are for services. The protection of the trademark is legally enforceable only within the specification of a specific class of trademark for which it is registered. Some time one trademark and the goods or services associated with it falls under multiple classes, in that case, the application should be filed in all such classes.

Check your Classification – http://euipo.europa.eu/ec2/

When can I use the ™ & ® symbol?

As soon as you file the application and receive an acknowledgement, you can use the ™ symbol. Once the registration process is complete, you can use the ® symbol.

What are the documents required to apply for trademark registration?

Owner of the trademark needs to authorise our panel of trademark attorney or trademark agent in the prescribed trademark authorisation form. It is like a power of attorney for trademark filing and departmental representation on behalf of the applicant. The owner of the trademark is also required to submit an affidavit sworn before notary public about the user dare of the mark.

What is the government fee for filing a trademark application?

The government fee for filing a trademark in India varies based on the type of the applicant. following the current slab of the government fee.

1. For Individual and HUF – Rs 4500/
2. For Registered Startup under Startup India Initiative and MSME -Rs 4500/-
3. For all other applicants like companies/LLP etc. – Rs 9000/

What is Brand Registration, is it different from Brand Name Registration or Trademark Registration?

A trademark is something which connects the goods or services to the business which provides them. The process of registration of Brand Registration / Brand Name Registration is similar to that of a trademark registration or logo registration

How do I register a trademark?

Trademark Registration is completely online Process. However you can also file Application for trademark through Physical mode at registrar office of IPR.

Can I register trademark myself?

Yes you can also file its by yourself but its is always advisable to obtain the trademark registration under the guidance of an expert as the process has various steps to be followed and also requires regular follow-up from the government.

What is the validity for the trademark in India?

A registered trademark has a period of validity that stretches up to 10 years before it has to be renewed again. However, the renewal process may be initiated only within one year before the expiry of the registered trademark. If one fails to do so, the trademark will be removed.

What happens if I don't renew my trademark?

Registering your trademark ensures you maintain exclusive rights to the mark. If you don’t renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership.

What is the function of a trademark?

Under modern business condition a trademark performs four functions

1. It identifies the goods / or services and its origin.
2. It guarantees its unchanged quality
3. It advertises the goods/services
4. It creates an image for the goods/ services.