What is Trademark Registration?
Trademark registration is the process of legally protecting a brand name, logo, slogan, or any unique sign that identifies your products or services.
In simple words —It’s like giving your brand a legal shield so that no one else can copy or misuse your name, logo, or symbol.
Once registered, you get the exclusive right to use it, and you can take legal action against anyone who tries to use it without permission.
According to the World Intellectual Property Organisation (WIPO), India has over 2.8 million active trademarks, with nearly 200,000 new applications filed each year.
This sharp rise shows that more and more businesses in India are recognizing the importance of protecting their brand identity in today’s competitive and expanding economy.
Who Can Apply For a Trademark in India?
In India, any person or business that owns a unique brand name, logo, or mark can apply for a trademark — even if the brand is not yet in use (you can file with “proposed to be used” status).
Applicant Type Who They Are Individual A single person, even without a registered business Sole Proprietor One-person business owner Partnership Firm Two or more partners running a business Company (Pvt Ltd / Ltd / OPC) Incorporated legal entity LLP (Limited Liability Partnership) Business registered as an LLP Trust / Society / NGO Non-profit or charitable organization Joint Owners Two or more people co-owning a brand Foreign Applicant Brand owner from outside India Why Should You Register a Trademark?
Securing a trademark for your business, which includes crucial aspects like brand registration (for your name) and logo registration (for your visual identity), offers numerous benefits of trademark registration that enhance brand protection and overall business value: 1.
Exclusive Brand Ownership Secures legal monopoly over your brand identity in the marketplace.
Establishes exclusive rights to use the mark for specified goods/services.
Prevents competitors from using identical or deceptively similar marks.
2.
Legal Protection Framework Registration creates a solid legal foundation for defending your brand.
Provides statutory protection under the Trademarks Act, 1999.
Creates a legal presumption of ownership, reducing the burden of proof in disputes.
3.
Right to Action Against Infringement Enables effective legal recourse against unauthorized brand usage.
Grants the right to sue for trademark infringement with stronger remedies.
Allows for seeking injunctions, damages, and accounts of profits from infringers.
4.
Business Asset Creation Transforms intangible brand equity into quantifiable business assets.
Creates intellectual property assets that appear on company balance sheets.
Enhances company valuation during mergers, acquisitions, or fundraising.
5.
Consumer Trust Building Registration helps establish authenticity and reliability in the market.
Allows use of the ® symbol, signaling official protection to consumers.
Builds consumer confidence in product or service authenticity.
6.
Franchising Opportunities Enables structured business expansion through legitimate brand licensing.
Creates a legal basis for franchising business models and expansion.
Provides security when allowing others to use your brand under license.
7.
Customs Protection Access Registered marks can be recorded with customs authorities for border protection.
Allows recording with Indian customs to prevent the importation of counterfeit goods.
Creates an additional enforcement mechanism at international borders.
8.
Perpetual Protection Possibility Creates potentially unlimited protection through proper maintenance.
Initially valid for 10 years but renewable indefinitely with timely renewals.
Enables building a multi-generational brand legacy with proper maintenance.
How to Register a Trademark in India?
Registering a trademark in India involves several steps governed by the Trade Marks Act, 1999, ensuring legal protection for your brand name, logo, tagline, product packaging, sound mark, or any other distinctive sign.
Here's a detailed breakdown: Step 1: Conduct a Trademark Search Start with a thorough trademark search on the IP India website.
Ensure your proposed mark (name, logo, slogan) is unique and not identical or deceptively similar to existing trademarks.
Searching reduces the risk of rejection or opposition later in the process.
Step 2: Choose the Appropriate Trademark Class Trademark protection is granted based on classes—there are 45 trademark classes (Classes 1–34 for goods, 35–45 for services).
Choose one or more classes depending on the nature of your business.
Step 3: Prepare the Trademark Application File Form TM-A either online or physically at the Trademark Registry Office.
Key details to be included: Applicant name and address Type of mark (wordmark, logo, sound mark, etc.) Description of goods/services Trademark class Date of first use (if applicable) Attach a clear image of the logo/symbol (if applicable) and a power of attorney if filing through an agent.
Step 4: Allotment of Application Number & TM Symbol Usage Once submitted, you will receive an application number.
You can now legally use the ™ (TM) symbol, indicating your mark is under application.
The application can be tracked online.
Step 5: Formal Examination by Trademark Registry The Trademark Examiner reviews your application to verify: Legal eligibility under the Trademarks Act Non-conflict with existing marks Descriptive or generic nature of the mark The Examiner then issues an Examination Report.
Step 6: Respond to Trademark Objection (if any) If your application is objected to under Section 9 (absolute grounds) or Section 11 (relative grounds), you’ll receive a notice.
You must file a Trademark Objection Reply within 30 days with proper legal reasoning, evidence of use, and clarifications.
If needed, your representative may be called for a Show Cause Hearing .
Step 7: Trademark Journal Publication If accepted by the Registrar (either directly or after objection resolution), your trademark is published in the Trademark Journal.
The mark remains in the journal for 4 months to allow for public scrutiny and opposition, if any.
This is a critical step—many applications face trademark opposition at this stage.
Step 8: Handling Trademark Opposition (if filed) A third party may file a notice of opposition within 4 months of journal publication.
If this happens, you must file a counter-statement within 2 months, defending your trademark.
Both parties submit evidence and may attend hearings before the Registrar makes a decision.
If no opposition is filed—or if you win the opposition —your mark proceeds to registration.
Step 9: Issuance of Registration Certificate If your application clears all stages, you’ll receive the Trademark Registration Certificate from the Trademark Registry.
You can now legally use the ® (Registered) symbol alongside your brand name/logo.
The registration is valid for 10 years and can be renewed indefinitely every 10 years.
Documents Required for Trademark Registration Proper documentation is crucial for a smooth trademark registration process, with several key documents required to complete your application: 1.
Trademark Application Forms Form TM-A for standard applications Power of Attorney if filing through an agent or attorney Form TM-M for various miscellaneous requests 2.
Applicant Identity Documents For individuals: PAN card, Aadhaar card, voter ID, or passport copy For companies: Certificate of Incorporation, MOA /AOA For partnerships: Partnership deed and registration certificate For LLPs: LLP Agreement and registration certificate 3.
Trademark Representation Materials Clear representation of the mark in JPEG format (for logos/device marks) Specific format requirements for sound marks, 3D marks, or other non-traditional marks Label specimens showing actual use of the mark on goods or in services 4.
Priority Documents (if applicable) Certified copy of priority application if claiming convention priority English translation of priority trademark registration documents if in a foreign language Form TM-P for claiming convention priority 5.
Use-Related Documentation Affidavit of use if the mark is already in commercial use User declaration with specific dates of first use in commerce Evidence of use, such as invoices, advertisements, and packaging samples 6.
Business Documentation Business registration documents appropriate to the entity type GST registration certificate Shop and establishment certificate (if applicable) 7.
Additional Supporting Materials Consent letter from living persons if their name/likeness appears in the mark NOC from the relevant authority for certain regulated terms Supporting evidence for acquired distinctiveness claims (if applicable) Fees for Trademark Registration in India Fees for Trademark Registration in India depend on two main factors — who is applying and the type of service you choose.
Here’s a quick breakdown: 1.
Government Filing Fees Individuals / Startups / Small Enterprises – ₹4,500 per class (online filing) Others (companies, large firms) – ₹9,000 per class (online filing) Physical Filing Surcharge – Additional ₹1,000 if you file offline instead of online 2.
Optional & Additional Government Fees Expedited Examination – ₹20,000 per class (individuals/startups) / ₹40,000 per class (others) Renewal (every 10 years) – ₹9,000 per class (individuals/startups) / ₹18,000 per class (others) Restoration (late renewal) – ₹5,000 + renewal fees (within 6-month grace) Assignment Recording – ₹9,000 (individuals/startups) / ₹18,000 (others) per mark Change of Name/Address – ₹900 (individuals/startups) / ₹1,800 (others) Recordal of License – ₹6,000 (individuals/startups) / ₹12,000 (others) 3.
Professional & Legal Service Fees (Optional) Trademark Search & Consultation – ₹2,000 – ₹5,000 Professional Filing Assistance – ₹5,000 – ₹25,000 Response to Examination Report – ₹3,000 – ₹10,000 Hearing Representation – ₹1,000 – ₹5,000 Opposition Defense – ₹15,000 – ₹50,000 Legal Enforcement against Infringement – Starting from ₹50,000 What Happens After Trademark Registration?
Once your trademark is successfully registered and you receive the certificate, there are important post-registration steps to follow to maintain and enforce your trademark rights.
Step 1: Start Using the ® Symbol After registration, you are legally allowed to use the ® (Registered) symbol with your trademark.
It signals that your brand is officially protected under Indian law.
Using the ® symbol helps deter potential infringers.
Avoid using it before registration, as it may lead to penalties.
Step 2: Monitor for Infringement Regularly watch the market and trademark journals for possible misuse or similar trademarks.
Keep an eye out for unauthorized use of your mark.
Use online tools or legal services to track trademark filings and market use.
Take prompt legal action if infringement is found, through opposition, cease-and-desist notices, or litigation.
Step 3: Maintain Proper Usage Consistently use your trademark the way it was registered, to keep your rights active.
Avoid major changes in spelling, design, or representation without applying for a new trademark.
Use the trademark in business materials—like packaging, advertising, and invoices.
Step 4: Renew the Trademark Timely Trademark protection is valid for 10 years and must be renewed to remain in force.
Apply for renewal before expiry, or within the grace period (6 months after expiry).
If not renewed, the trademark may be removed from the register.
Step 5: Record Trademark Licensing or Assignment If you license your brand to someone or transfer ownership, record it officially with the Trademark Registry.
Submit appropriate forms like TM-P (for licensing) or TM-A/TM-M (for assignments).
This ensures legal recognition of the licensee or new owner.
Step 6: Enforce Your Rights When Needed Use legal tools to protect your trademark against infringement or misuse.
Send legal notices to infringers.
File for damages or injunction in civil court if required.
Take part in proceedings like trademark rectification if others misuse or wrongly register a similar mark.
Types of Trademark Registration in India Trademark registration in India encompasses several categories, each designed to protect different aspects of intellectual property: 1.
Wordmark Registration This is often what businesses seek when looking for brand name registration.
It protects company names, product names, slogans, and other textual identifiers.
Example: A clothing company registers its brand name "EcoStyle" to protect its unique identity in the fashion market.
2.
Logo Mark Registration Commonly understood as logo registration or device mark registration, this category protects graphic symbols, designs, or visual elements that represent your brand.
Example: A technology startup registers its distinctive emblem that appears on all its products and marketing materials.
3.
Sound Mark Registration For distinctive sounds or jingles associated with brands.
Example: A telecommunications company registers its unique ringtone that plays in all its advertisements.
4.
Shape Mark Registration For three-dimensional shapes of products or packaging.
Example: A beverage company registers the distinctive contoured shape of its bottles.
5.
Color Mark Registration For specific colors or color combinations uniquely associated with a brand.
Example: A shipping company registering its distinctive purple color used consistently across its fleet and branding materials.
6.
Collective Mark Registration For marks used by members of an association or collective group.
Example: An association of organic farmers registering a mark that certifies products from its members meet specific organic standards.
7.
Certification Mark Registration For marks indicating that products or services comply with specific standards.
Example: An organization registering a mark that certifies electronic devices meet certain safety and quality standards.
Choosing the Correct Trademark Class Selecting the correct trademark class is essential, as it determines the category of goods or services your brand will be legally protected under.
Trademark Class Category Examples Class 1 Chemicals Industrial chemicals, adhesives, fertilizers Class 3 Cosmetics & Cleaning Products Soaps, perfumes, shampoos, toothpaste Class 5 Pharmaceuticals Medicines, health supplements, disinfectants Class 7 Machinery Engines, agricultural machines, and machine tools Class 9 Electronics & Software Computers, mobile apps, and scientific instruments Class 16 Paper Goods & Stationery Notebooks, printed materials, office supplies Class 25 Clothing & Apparel Shirts, shoes, jackets, belts Class 30 Food Products Coffee, tea, sugar, spices, bakery products Class 35 Advertising & Business Services Marketing, consultancy, e-commerce, retail services Class 41 Education & Entertainment Services Online courses, coaching, and event management Class 42 Technology & IT Services Software development, tech consulting, hosting services Class 43 Hospitality & Food Services Hotels, restaurants, and catering services Trademark Registration Certificate A Trademark Registration Certificate is an official document issued by the government that grants legal protection to your brand name, logo, or slogan.
It serves as proof of your exclusive rights to use the trademark in connection with your goods or services.
This certificate helps prevent unauthorized use or infringement by others and strengthens your brand’s identity in the market.
Holding a trademark registration certificate also boosts your business credibility and can be a valuable asset for expansion or licensing opportunities.
How to Download a Trademark Registration Certificate?
Follow these steps to download your certificate from the official government website: Visit the official IP India Trademark Portal: ipindia.gov.in.
Click on the "Related Links" tab and select "E-Registration Certificate." Enter your Trademark Application Number.
Verify the details displayed on the screen.
Click on the "View Certificate" or "Download PDF" option.
Save the certificate for future use.
How to Check Trademark Application Status?
You can monitor the progress of your application at each stage using the online status checker: Go to the Trademark Application/Registration Status page on ipindiaonline.gov.in Enter your Application Number in the provided field Click "View" to see the current status (e.g., "Send to Vienna Codification", "Advertised", "Registered", etc.) Review any alerts or actions required (such as objection replies or hearings) Track updates until you see the status as "Registered".
These symbols mean the following: ™ (TM): Stands for Trademark .
You can use this symbol as soon as you apply for a trademark to indicate that the brand is under protection.
It doesn't require formal registration.
® (R): Stands for Registered Trademark.
You can use this only after your trademark is officially registered with the Trademark Registry.
It signifies legal ownership and exclusive rights.
© (C): Represents Copyright.
This is used to protect original creative works like books, music, artwork, or software—not brand names or logos.
What is the difference between trademark, copyright and patent?
In short: Trademark = Protects brand identity.
Copyright = Protects creative expression.
Patent = Protects inventions.
Aspect Trademark Copyright Patent What it protects Brand names, logos, slogans, or symbols that identify goods/services Original creative works like books, music, films, software, art New inventions, processes, or technical solutions Purpose To distinguish your brand from competitors and prevent brand misuse To protect the creator’s original expression from being copied To protect an invention so only the inventor can make, use, or sell it Example The Nike swoosh logo, “Just Do It” slogan A song by A.R.
Rahman, a novel by Chetan Bhagat The technology behind a new type of smartphone battery Protection duration (India) 10 years (renewable indefinitely) Lifetime of creator + 60 years 20 years from filing date Registration required?
Yes, for legal exclusivity Not mandatory (automatic on creation), but registration strengthens protection Yes, must be registered Owner rights Exclusive right to use brand elements and stop others from using them Exclusive right to reproduce, distribute, and display the work Exclusive right to make, use, or sell the invention Connect with Easyfilings and let our experts handle the legal hassle while you grow your business.
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