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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.

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(Professional Fee ₹ 1999 + Govt Fee:₹4500)
₹ 6499/-
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  • Trademark Registration
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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

  1. Identification: Trademarks identify the source of goods or services, allowing consumers to distinguish between different brands. 
  2. Legal Protection: Trademarks offer legal protection for a brand, preventing others from using similar marks that may cause confusion.
  3. Intellectual Property: Trademarks are considered intellectual property, giving the owner exclusive rights to use the mark.
  4. Trademark symbols: Trademark symbols include ™ (for unregistered trademarks) and ® (for registered trademarks)
trademark registration certificate,

Trademark Registration Fee in India

Apply for Trademark Registration

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

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

Trademark Registration Process in India

Registering a trademark in India involves several steps to ensure your brand is legally protected. Here’s a concise overview of the process:

Step 1. Trademark Search:

Conducting a trademark search is a crucial step to ensure your desired trademark is unique and not already registered. Here’s how you can do it in India:

  1. Visit the IP India Website: Go to the Intellectual Property India portal. 
  2. Select the Search Type: You can choose from three types of searches:
    • Wordmark: For trademarks that are words or combinations of words.
    • Phonetic: To find trademarks that sound similar.
    • Vienna Code: For trademarks that include images or logos.
    • Enter the Details: Input the trademark name, class of goods/services, and other relevant details.
  3. Review the Results: Analyze the search results to check for any existing trademarks that are similar to yours.
  4. Consult a Professional: It’s often helpful to consult with a trademark attorney to ensure a comprehensive search and interpretation of the results.

Step 2. Trademark Application Filing:

  1. Prepare the Application: Gather all necessary information, including:
    – The trademark (word, logo, or combination)
    – Applicant’s details (name, address)
    – Description of goods or services
    – Date of first use (if applicable)
  2. E-Filing:  Fill out the trademark application form (Form TM-A) and upload the required documents with help of your Trademark Attorney.
  3. Pay the Fees: The application fee varies depending on the type of applicants (individual, startup, small enterprise, or others) and the number of classes of goods/services.
  4. Submit the Application: Once the form is filled and the fee is paid, submit the application online.
  5. Acknowledgment: After submission, you will receive an acknowledgement with a unique application number, which you can use to track the status of your application. After receiving the application number you can use this as TM

Step 3. Trademark Examination:

The examination of a trademark application is a critical step in the registration process. Here’s what it involves:

  1. Formal Examination: The trademark office first checks if the application complies with all formal requirements, such as proper classification and completeness of the application.
  2. Substantive Examination: An examiner reviews the application to ensure the trademark is distinctive and not similar to existing trademarks. They assess:
    • Distinctiveness: The trademark must be unique and capable of distinguishing your goods/services from others.
    • Conflict with Existing Trademarks: The examiner checks for any conflicts with already registered or pending trademarks.
    • Compliance with Legal Provisions: The trademark must not be deceptive, scandalous, or contrary to law.
  3. Examination Report: If any issues are found, the examiner issues an examination report detailing the objections. You will have a specified period (usually one month) to respond to these objections.
  4. Hearing (if necessary): If the objections are not resolved through written responses, a hearing may be scheduled where you can present your case.
  5. Acceptance or Rejection: Based on your responses and any hearings, the trademark office will either accept the application for publication or reject it.

Step 4. 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 5. 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

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.

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.
Find Our Trademark Class

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

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.
  1. Conduct a Trademark Search: Verify that the proposed trademark is unique and does not conflict with existing marks.
  2. 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
  3. Examination Process: The application undergoes examination for eligibility. If objections arise, the applicant must respond within a specified time frame.
  4. Publication: If approved, the trademark is published for opposition.
  5. 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
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