Trademark Registration in India

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Pricing Summary

For Trademark Registration
1999 + Govt Fee (₹4500)
  • Trademark Availability Search
  • Trademark Registration Under One Class

Trademark Registration in India

Trademark registration in India is an essential step for businesses looking to protect their brand identity and establish legal rights over their logos, names, symbols, and designs. In this article, we will delve into the intricacies of trademark registration in India, covering the process, benefits, and significance of securing a trademark for your business.

What Is Trademark?

A trademark is a recognizable sign, phrase, symbol, design, or a combination of these things that identifies products or services from a particular source and distinguishes them from those of others. It is a type of intellectual property that can be used by individuals, business organizations, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The essential function of a trademark is to exclusively identify the source or origin of products or services. It provides legal protection for your brand, helps you guard against counterfeiting and fraud, and prevents others from using a similar logo or brand name. Trademarks can be registered or unregistered, and registration provides broader rights and protections than an unregistered one.

Trademark Registration in Delhi - Protect Your Brand Locally, Trademark E Filing, trademark hearing, what is trademark registration

Difference between a trade name and a trademark?

A trade name is the official name under which an individual or company conducts business, while a trademark is a recognizable sign, phrase, symbol, design, or a combination of these things that identifies products or services from a particular source and distinguishes them from those of others. A trade name is used to identify a business entity, while a trademark is used to identify and distinguish the source of goods or services. A trade name is not the same as a trademark, but a trade name may be associated with a trademark. Trademarks offer legal protection for a particular brand, while trade names do not provide such protection. It is important for business owners to understand the difference between trade names and trademarks to establish a brand and protect their intellectual property

Trademark registration fees in India

1999 + Govt Fee(₹4500)
  • Free Consultation
  • Trademark Availability Search
  • Classification of Trademark
  • Drafting of User Affidavit
  • Filing of Trademark Application

Required Documents for Trademark Registration

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

Services Covered

  • Online Filing of one trademark application
  • Drafting of Form TM-A
  • Advise on trademark classification
  • Follow-up with department

Trademark registration process in india

The trademark registration process in India involves several essential steps to protect your brand and ensure legal rights. Here is a step-by-step guide to the trademark registration process in India:

1. Trademark Search in India:

Before initiating the registration process, conduct a trademark search to identify pre-existing trademarks and potential conflicts. You can use the Ministry of Commerce and Industry’s public search for trademarks or hire a trademark agent to perform the search for you.

2. Application Preparation:

Prepare a trademark application containing the following information:

  • Logo or the Trademark
  • Name and address of the trademark owner
  • Classification or Trademark Class
  • Trademark used since date
  • Description of the goods or services

3. Application Filing:

File the trademark application at one of the five Trademark Registrar Office having jurisdiction. You can file the application online through the setupfiling.in portal or through a trademark agent or lawyer. The official fee for filing an application is 9,000 INR

4. Government Processing:

After filing the application, the government will process it. If there are any objections or oppositions filed within 90 days of publication, the mark will typically be registered within 12 weeks. If there are no objections or oppositions, the trademark manuscript and trademark registration certificate will be prepared and sent to the applicant

5. Trademark Registration Certificate:

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.

The entire trademark registration process in India usually takes between six and 10 months

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Well-known trademarks in India

Well-known trademarks in India are marks that are widely recognized by the general public and are associated with popular companies or brands. These trademarks have gained substantial reputation and goodwill and are often synonymous with the products or services they represent. Some examples of well-known trademarks in India include Amul, Coca-Cola, Bisleri, Google, Pepsi, Nestle, McDonald’s, Samsung, LG, Nike, BMW, Mercedes-Benz, Sony, Nokia, and Adidas. Well-known trademarks enjoy broader protection across all classes and locations, even if they are not registered under the Trademark Act. They are valuable assets for their respective owners and provide global recognition and significant commercial value.

The process of obtaining the status of a well-known trademark involves presenting substantial evidence of the mark’s reputation, considering factors such as the extent and duration of use, promotion, registrations, and successful enforcement. The criteria for determining a well-known trademark are laid out in Sections 11(6) to 11(9) of the Trademark Act, 1999. Well-known trademarks are protected against infringement and unauthorized use, and their recognition provides various benefits to the trademark owners.

Type of Trademark

Trademark Registration_ business name

Business Name

The most important trademark is your Business Name, You must protect it immediately before someone else get copy.

Trademark Registration - logo registration

Logo of the Company

The logo is the image, artwork or emblems of your business. For Logo Registration, submit a high-resolution JPEG Image.

Trademark registration - punchline

Punchline or Slogan

Punchline or Slogan, like “Ye Dil Mange More” of Pepsi, can be protected by registering the trademark registration in India.

Trademark registration

Brand Name

The products of business are known by its independent name. It may be a wordmark or a device mark (image).

trademark registration

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

trademark registration

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.

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Trademark classes in India

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.

Trademark Search in India

To select a good trademark, it is essential to choose a mark that is unique, distinctive, and legally strong. Here are some key considerations and tips based on the provided sources:

  1. Avoid Generic and Descriptive Words: Select a trademark that is as unique and distinctive as possible. Avoid generic and descriptive words, as they are less likely to be registered and offer limited protection
  2. Distinctiveness Matters: The strength or distinctiveness of the mark is crucial. In general, the stronger or more distinctive the mark, the easier it is to register and protect from use by another. Trademarks can be categorized as having different levels of strength or distinctiveness, from strongest to weakest.
  3. Easy to Speak, Spell, Read, and Remember: Choose a trademark that is easy to speak, spell, read, and remember. This enhances the mark’s ability to be recognized and remembered by consumers.
  4. Avoid Similarity to Well-Known Trademarks: Steer clear of trademarks that are similar to well-known trademarks, as this can lead to legal issues and infringement concerns.
  5. Avoid Descriptive and Geographical Marks: Descriptive marks that merely describe the goods or services should be avoided. Additionally, geographical names and marks that contain scandalous or obscene matter should not be adopted.
  6. Conduct Clearance Searches: Once you have developed a list of potential trademarks, it is recommended to conduct clearance searches to determine whether other parties are using the same or a confusingly similar mark. This should be done early in the process of choosing a new mark.

By following these guidelines and considering the distinctiveness, memorability, and legal aspects of a trademark, you can select a strong and effective mark that distinguishes your business and is easier to protect and enforce.

These considerations are crucial in ensuring that the selected trademark is distinctive, legally strong, and capable of providing the necessary protection for your brand.

Validity of Trademark Registration in India

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.

Frequently Asked Questions

What is a trademark?

A trademark is a recognizable sign, phrase, symbol, design, or a combination of these things that identifies products or services from a particular source and distinguishes them from those of others. It is a type of intellectual property that can be used by individuals, business organizations, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The essential function of a trademark is to exclusively identify the source or origin of products or services. It provides legal protection for your brand, helps you guard against counterfeiting and fraud, and prevents others from using a similar logo or brand name. Trademarks can be registered or unregistered, and registration provides broader rights and protections than an unregistered one.

What is the trademark registration process in India?


The trademark registration process in India involves several essential steps to protect your brand and ensure legal rights. Here is a step-by-step guide to the trademark registration process in India:

  1. Trademark Search: Before initiating the registration process, conduct a trademark search to identify pre-existing trademarks and potential conflicts. You can use the Ministry of Commerce and Industry’s public search for trademarks or hire a trademark agent to perform the search for you.
  2. Application Preparation: Prepare a trademark application containing the following information:
    • Logo or the Trademark
    • Name and address of the trademark owner
    • Classification or Trademark Class
    • Trademark used since date
    • Description of the goods or services
  3. Application Filing: File the trademark application at one of the five Trademark Registrar Office having jurisdiction. You can file the application online through the setupfiling.in portal or through a trademark agent or lawyer. The official fee for filing an application is 9,000 INR
  4. Government Processing: After filing the application, the government will process it. If there are any objections or oppositions filed within 90 days of publication, the mark will typically be registered within 12 weeks. If there are no objections or oppositions, the trademark manuscript and trademark registration certificate will be prepared and sent to the applicant
  5. Trademark Registration Certificate: 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

The entire trademark registration process in India usually takes between six and 10 months

How to select a good trademark?

To select a good trademark, it is essential to choose a mark that is unique, distinctive, and legally strong. Here are some key considerations and tips based on the provided sources:

  1. Avoid Generic and Descriptive Words: Select a trademark that is as unique and distinctive as possible. Avoid generic and descriptive words, as they are less likely to be registered and offer limited protection
  2. Distinctiveness Matters: The strength or distinctiveness of the mark is crucial. In general, the stronger or more distinctive the mark, the easier it is to register and protect from use by another. Trademarks can be categorized as having different levels of strength or distinctiveness, from strongest to weakest.
  3. Easy to Speak, Spell, Read, and Remember: Choose a trademark that is easy to speak, spell, read, and remember. This enhances the mark’s ability to be recognized and remembered by consumers.
  4. Avoid Similarity to Well-Known Trademarks: Steer clear of trademarks that are similar to well-known trademarks, as this can lead to legal issues and infringement concerns.
  5. Avoid Descriptive and Geographical Marks: Descriptive marks that merely describe the goods or services should be avoided. Additionally, geographical names and marks that contain scandalous or obscene matter should not be adopted.
  6. Conduct Clearance Searches: Once you have developed a list of potential trademarks, it is recommended to conduct clearance searches to determine whether other parties are using the same or a confusingly similar mark. This should be done early in the process of choosing a new mark.

By following these guidelines and considering the distinctiveness, memorability, and legal aspects of a trademark, you can select a strong and effective mark that distinguishes your business and is easier to protect and enforce.

These considerations are crucial in ensuring that the selected trademark is distinctive, legally strong, and capable of providing the necessary protection for your brand.

What is the difference between a trade name and a trademark?

A trade name is the official name under which an individual or company conducts business, while a trademark is a recognizable sign, phrase, symbol, design, or a combination of these things that identifies products or services from a particular source and distinguishes them from those of others. A trade name is used to identify a business entity, while a trademark is used to identify and distinguish the source of goods or services. A trade name is not the same as a trademark, but a trade name may be associated with a trademark. Trademarks offer legal protection for a particular brand, while trade names do not provide such protection. It is important for business owners to understand the difference between trade names and trademarks to establish a brand and protect their intellectual property

Which Documents Require for Trademark Registration?

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)

How to check the status of a trademark application in India?

To check the status of a trademark application in India, you can follow the steps below:

  1. Access the Official Intellectual Property India Portal: Visit the official Intellectual Property India portal.
  2. Opt for Trademark Application/Registered Mark Option: Once on the portal, choose the Trademark Application/Registered Mark option.
  3. Select the National/IRDI Number: From the options available, select the National/IRDI number.
  4. Fill in the Application Number and Captcha: Enter the application number and the captcha.
  5. View the Application Details and Trademark Application Status: Click “View” to see the application details and the trademark application status.

By following these steps, you can check the status of a trademark application in India. It’s important to periodically check the status of the application, especially during the government processing phase, to stay informed about any objections, oppositions, or the progress of the registration process.

Can a trademark be used without registering?

Yes, a trademark can be used without registering in India. Unregistered trademarks in India can be protected under the common law, and there is no mandatory requirement for trademark registration in India for enforcing such common law rights against a violator. However, registering a trademark provides benefits to secure the trademark, and a registered trademark has a statutory right of infringement. An unregistered trademark has no legal protections. Therefore, it is recommended to obtain trademark registration to enjoy the evidential value and incentives provided by the registration. Using the TM symbol without formal registration indicates a claim of ownership over a brand or logo. It provides limited protection and signifies intent to protect your mark, but full legal benefits come with formal trademark registration.

What are well-known trademarks in India?

Well-known trademarks in India are marks that are widely recognized by the general public and are associated with popular companies or brands. These trademarks have gained substantial reputation and goodwill and are often synonymous with the products or services they represent. Some examples of well-known trademarks in India include Amul, Coca-Cola, Bisleri, Google, Pepsi, Nestle, McDonald’s, Samsung, LG, Nike, BMW, Mercedes-Benz, Sony, Nokia, and Adidas. Well-known trademarks enjoy broader protection across all classes and locations, even if they are not registered under the Trademark Act. They are valuable assets for their respective owners and provide global recognition and significant commercial value. The process of obtaining the status of a well-known trademark involves presenting substantial evidence of the mark’s reputation, considering factors such as the extent and duration of use, promotion, registrations, and successful enforcement. The criteria for determining a well-known trademark are laid out in Sections 11(6) to 11(9) of the Trademark Act, 1999. Well-known trademarks are protected against infringement and unauthorized use, and their recognition provides various benefits to the trademark owners.

What are the different types of trademark application statuses in India?

There are various types of trademark application statuses in India, which can be broadly categorized into the following:

  1. Formalities Check Pass: The trademark registry checks basic aspects such as uploading the Power of Attorney, translation, and applicant details
  2. Marked for Exam: The application is under the scrutiny of the Trade Mark Registry, and an examination report is issued.
  3. Objected: An objection has been raised against the application, and the application is pending resolution of the objection.
  4. Exam Report Issued: The examination report has been issued, and the application is awaiting the applicant’s response to the examiner’s report.
  5. Refused: The application has been refused by the examiner, and the applicant can either accept the refusal or file an appeal against the refusal.
  6. Advertised Before Accepted: The application has been advertised in the official gazette, and it is open for opposition.
  7. Opposed: An opposition has been filed against the application, and the application is pending resolution of the opposition.
  8. Registered: The application has been registered, and the trademark has been granted protection under the Trademark Act, 1999.

These statuses provide information on the progress of a trademark application in India, allowing applicants to track the status of their applications and take appropriate actions as needed.