A trademark is more than just a logo or name—it is your brand’s identity and a symbol of trust for your customers. Whether you are launching a startup or expanding your business, registering your trademark in India is a crucial legal step to protect your brand from misuse. Let’s go through the process together so you can understand exactly how to secure your trademark rights confidently.
What Is a Trademark and Why Should You Register It?
A trademark is any word, logo, phrase, design, or combination that helps customers identify your goods or services and distinguish them from others. It gives your business a unique identity in the market.
Registering a trademark provides legal ownership and exclusive usage rights, meaning no one else can use your brand name or logo without your consent. It also helps build brand credibility, customer loyalty, and protects against infringement or misuse.
Key Benefits of Trademark Registration
- Grants exclusive rights to use the mark in India.
- Builds trust and recognition among consumers.
- Enables legal protection against unauthorised use.
- Serves as an intangible asset for licensing or franchising.
- Allows you to use the ® symbol after registration.
Who Can Apply for a Trademark in India?
Any individual, company, LLP, partnership firm, trust, or society engaged in trade or services can apply for trademark registration in India.
Categories of Applicants
- Individual or sole proprietor: Can register their brand name for personal business.
- Company or LLP: Must file under the company’s legal name.
- Partnership firm: All partners’ names should be included in the application.
- NGOs or societies: Can register trademarks for charitable or service-based activities.
What Are the Types of Trademarks You Can Register?
Before applying, it’s important to know the different forms a trademark can take in India.
Common Types of Trademarks
- Word mark: The brand name written in a specific format (e.g., “LawMento”).
- Logo mark: The visual symbol or design of your brand.
- Tagline or slogan: A catchy phrase associated with your business.
- Shape mark: Distinctive product shapes (e.g., Coca-Cola bottle).
- Sound mark: Unique sounds linked to your brand (e.g., Nokia tune).
- Color mark: A specific color combination identifying your business.
What Is the Step-by-Step Process for Trademark Registration in India?
The trademark registration process involves several stages to ensure the mark is unique and legally valid. Here’s how you can proceed.
Step 1: Trademark Search
Before filing, conduct a trademark availability search on the IP India Trademark Registry website. This helps ensure your desired mark isn’t already registered or similar to existing marks.
- Identify the correct class under which your goods or services fall (as per the Nice Classification).
- Search for identical or phonetically similar marks.
- Make necessary modifications if similar marks already exist.
Step 2: Filing the Trademark Application
Once the mark is available, file your trademark application online through the Trademark Registry portal or offline by submitting Form TM-A.
- Information required: Applicant details, trademark representation, class number, and description of goods/services.
- Fees:
- ₹4,500 for individuals/startups/SMEs (per class)
- ₹9,000 for others (per class)
Step 3: Allotment and Examination
After filing, a Trademark Application Number is assigned for tracking. The examiner at the Registry reviews your application to check compliance with legal requirements.
- The examiner may issue an Examination Report if any issues are found.
- You must respond within 30 days with clarifications or supporting documents.
Step 4: Publication in the Trademark Journal
If accepted, the mark is published in the Trademark Journal for public inspection. This stage allows any third party to oppose the registration within four months from publication.
- If no opposition is received, the process continues smoothly.
- If opposition occurs, both parties must present their arguments before the Registrar.
Step 5: Trademark Registration Certificate
Once the application clears the opposition stage, the Registrar issues a Trademark Registration Certificate under the Trademark Act, 1999.
- You can now use the ® symbol beside your brand name.
- The registration remains valid for 10 years, after which it can be renewed.
What Happens if a Trademark Is Objected or Opposed?
Sometimes, your application may face objections or oppositions. Here’s how to deal with them.
Objection
- Raised by the Registrar during the examination stage.
- Usually based on similarity with existing marks or non-distinctiveness.
- You must file a reply within 30 days, explaining why the mark is valid.
Opposition
- Filed by third parties after publication in the journal.
- Both parties present evidence and written submissions before the Registrar.
- If the Registrar rules in your favour, your trademark proceeds to registration.
How to Renew a Trademark in India?
A registered trademark is valid for 10 years and must be renewed before expiry to maintain legal protection.
Renewal Process
- File Form TM-R within one year before expiry.
- Pay renewal fees online.
- If missed, renewal can be done within six months after expiry with a late fee.
Renewal ensures continuous protection of your brand and prevents others from claiming your mark.
What Is the Cost and Time Involved in Trademark Registration?
Approximate Cost
- ₹4,500 to ₹9,000 per class (application fees).
- Additional costs for legal consultation or trademark agents.
Timeline
The entire process typically takes 6 to 18 months, depending on objections or oppositions.
While it may sound lengthy, filing correctly the first time and responding promptly to notices can speed things up.
How to Check Trademark Status Online?
You can easily track your application status on the IP India Trademark Status page using your application number.
Statuses you may see include:
- Objected: Registrar has raised an issue.
- Opposed: Someone has filed opposition.
- Accepted and Advertised: Published for opposition.
- Registered: Trademark successfully registered.
- Abandoned: No response within the stipulated period.
Regularly checking the status helps prevent missing critical deadlines.
Can You Use a Trademark Without Registration?
Yes, you can use a trademark without registration, but legal protection is limited. In such cases, you can only rely on common law rights under the tort of passing off, which requires proving goodwill and misrepresentation. A registered trademark, however, allows you to sue directly for infringement, making enforcement much easier and stronger.
Why Is Legal Assistance Helpful in Trademark Registration?
While anyone can file a trademark independently, seeking guidance from trademark attorneys or IPR experts ensures accuracy in classification, documentation, and legal compliance. They help with:
- Conducting detailed trademark searches.
- Drafting effective applications and responses.
- Representing you during hearings or oppositions.
This minimises the risk of rejection and saves valuable time.
If you’re serious about learning about intellectual property and want to learn more about trademarks, copyrights, and patents, enroll in our IPR Course on LawMento.
🎓 Use code “SAVE10” to grab special discounts!
