Overview

Trademark registration is a formal procedure that grants exclusive or sole rights to a brand name, logo, symbol, tagline, or a combination thereof. It helps distinguish your business identity from the others business in the market. In India, trademarks are governed by the Trade Marks Act, 1999 (as amended from time to time), and administered by the Controller General of Patents, Designs and Trade Marks, under the Ministry of Commerce and Industry.

A registered trademark offers nationwide protection, builds brand credibility, and enables legal action against unauthorized use or infringement. Once registered, the ® symbol can be used, signifying legal ownership.

Why

Trademark Registration offers several advantages:-

1. Legal Ownership and Exclusive Rights

Trademark registration gives the applicant exclusive ownership and rights to use the brand name, logo, or mark in connection with specific or particular goods or services. No other person or business can use a similar or the identical mark for the same category of goods/services, offering a strong legal foundation for brand identity.

2. Brand Recognition and Trust

A trademark becomes a symbol of trust and quality for your customers. It helps build brand recognition in the market, giving your business a competitive edge. A registered trademark also reflects credibility and professionalism.

3. Protection Against Infringement

Unauthorized use of your registered trademark by others may lead to legal action for infringement. The registration acts as legal evidence or proof in court to support your claim to protect your rights, potentially it resulting in damages and injunctions.

4. Valuable Intangible Asset

Trademarks increase in value as your business grows. They can be bought, sold, licensed, or even used as a security against a loan. This makes them valuable intangible business assets.

5. Nationwide Protection

A registered trademark provides protection throughout India. You don't have to register separately in each state or region.

6. Global Trademark Filing

With a registered Indian trademark, you can apply for international protection under the Madrid Protocol in multiple countries with a single application, supporting your global business expansion.

7. Right to Use the ® Symbol

Once registered, you can legally use the ® symbol next to your brand name or logo, signalling that your trademark is officially recognized and protected.

Process

The process of trademark registration involves the following steps: 

1. Trademark Search (Optional but Recommended)

Before filing, conduct a search on the IP India Trademark Database to check if your proposed mark is unique, novel and should not be identical to any other existing registered marks. This helps avoid the rejection and future disputes.

2. Choose the Trademark Class

India follows the Nice Classification (NCL), which divides goods and services into 45 different classes:-

• Classes 1 to 34 cover goods
• Classes 35 to 45 cover services

Choose the right class(es) based on the nature of your business. You may file in more than one class if your brand spans multiple categories.

3. Filing the Application (Form TM-A)

File your trademark application online via portal of IP India or submit it physically at a Trademark Registry Office. The application must contain:-

• Applicant details
• Trademark representation (logo/image/text)
• Trademark class
• Description of goods/services
• Date of first use (if already used)

You’ll receive an acknowledgment receipt with a TM application number, which allows you to use the ™ symbol immediately.

4. Examination by Trademark Office

The Registrar examines your application for any conflicts with existing marks and for compliance with legal requirements. An Examination Report is issued:

• If accepted, it moves to publication.
• If objected, you must respond within 30 days with proper justifications or appear for a hearing if required.

5. Trademark Journal Publication

If accepted, the trademark is published in the Trademark Journal for 4 months. During this time, third parties can file an opposition if they believe your mark affects their rights.

6. Opposition (If Any)

If an opposition is filed:

• You must reply with a counterstatement within 2 months.
• Both parties may submit evidence and attend a hearing.
• If resolved in your favour, the process continues.

7. Trademark Registration

Once the opposition period is over (or successfully defended), your trademark is officially registered. A Registration Certificate is issued, and you may now use the ® symbol.

8. Renewal

Trademarks are valid for 10 years from the date of filing and it can be renewed indefinitely every 10 years by filing Form TM-R.

If the trademark is not renewed before expiry, a surcharge of ₹4,500 (for individuals/startups/MSMEs) or ₹9,000 (for others) applies during the 6-month grace period allowed for late renewal.

Documents

Here’s a detailed list of documents depending on the applicant type:

For Individuals or Sole Proprietors

• Trademark/logo/image in JPEG format
• Identity proof (Aadhaar card, PAN card, Passport, or Voter ID)
• Address proof (Utility bills, Aadhaar, Driving license)
• Signed Form TM-48 (Power of Attorney for the agent)

For Companies (Pvt Ltd / LLP / Partnership)

• Trademark/logo in JPEG format
• Incorporation Certificate or LLP Agreement or Partnership Deed
• PAN card of the business entity
• Address proof of the business (Utility bill, Lease deed, etc.)
• Board resolution (if required)
• Form TM-48 signed by the authorized signatory
• Identity and address proof of authorized signatory
• MSME/Udyam Registration Certificate (optional for fee discount)

Fees

The government fee for trademark registration is ₹4,500 per class for individuals, startups, and MSMEs, and ₹9,000 per class for others (via e-filing). Additional professional fees may apply if filing through an agent or attorney.

Timeline

The entire registration process usually takes 6 to 18 months, depending on objections or oppositions. You can start using the ™ symbol immediately after application.

FAQs