Protect Your Brand with Trademark Registration

A trademark is a visual symbol that distinguishes the goods or services of one business from another. It can be a word, name, signature, device, label, numerals, or combination of colors. Under Indian law, you can register: Word marks (brand names), Device marks (logos), Service marks (for services), Collective marks (for associations), Certification marks (guaranteeing standards), Sound marks (jingles), Shape marks (product packaging), and Color combinations.

Trademarks are classified under the Nice Classification system with 45 classes: Classes 1-34 cover goods (products) and Classes 35-45 cover services. You need to file in the class(es) relevant to your business. For example: Class 9 - Software and electronics, Class 25 - Clothing and apparel, Class 35 - Business management and retail, Class 41 - Education and entertainment, Class 42 - IT and technical services. Each class requires a separate application and fee.

The trademark registration process in India typically takes 12-18 months: 1-2 days for application filing and acknowledgement, 1-2 months for Vienna codification (for logos), 6-12 months for examination by TM Officer, 4-month opposition window after journal publication, and 1-2 months for registration certificate issuance. If objections or opposition arise, the timeline may extend further.

™ (Trademark) symbol can be used for unregistered trademarks to indicate a claim of ownership. It provides common law protection based on use but no statutory protection. ® (Registered) symbol can ONLY be used after the trademark is officially registered with CGPDTM. It indicates statutory protection under the Trade Marks Act, 1999. Using ® without registration is a punishable offense with imprisonment up to 3 years or fine.

After a trademark is accepted and published in the Trade Marks Journal, any person can oppose the registration within 4 months. Opposition is filed using Form TM-O with a statement of grounds. The applicant must file a counter-statement within 2 months. Both parties submit evidence, and a hearing is held. The Registrar decides based on merits. Common grounds include: prior registered/similar mark, bad faith, non-distinctiveness, and bad faith filing.

For individuals: PAN card, Aadhaar card, trademark image/logo (JPEG), and address proof. For companies: Certificate of Incorporation, PAN, Board Resolution, MOA/AOA, and authorized signatory proof. For partnership firms: Partnership Deed, Firm PAN, and partner details. Additional documents may include: User affidavit (if claiming prior use), MSME/Udyam certificate (for reduced fees), and Power of Attorney (if filed through attorney).

Government fees: ₹4,500 per class for individuals, startups, and MSMEs; ₹9,000 per class for companies and others. Professional fees vary by service provider. Our service fee starts at ₹6,499 including: Application drafting, Form TM-A filing, basic search, and status tracking. Multi-class packages and premium services including opposition handling are available at higher rates.

No, you cannot register a trademark that is identical or deceptively similar to an existing registered trademark for similar goods/services. The test is: likelihood of confusion among consumers, phonetic similarity, visual similarity, and conceptual similarity. However, you may register if: The existing mark is in a different class for unrelated goods/services, you have prior user rights, or you obtain consent from the registered owner.

If the Examiner raises objections, you will receive an Examination Report citing absolute grounds (lack of distinctiveness) or relative grounds (conflict with existing marks). You must file a response within 30 days (extendable) explaining why the mark should be accepted. This may include: Arguments on distinctiveness, evidence of use and goodwill, consent agreements, or amendments to the application. If unsatisfied, a hearing may be requested.

Trademark registration is valid for 10 years and can be renewed indefinitely. Renewal application (Form TM-R) must be filed within 6 months before expiry. Late renewal is possible within 6 months after expiry with surcharge. After 6 months of expiry, restoration may be possible with additional fees. We send renewal reminders and handle the entire renewal process for our clients.

Yes, foreign companies and individuals can register trademarks in India. Options include: Direct filing in India through an Indian trademark attorney, or claiming priority from a foreign application filed within 6 months under Paris Convention. The applicant must provide an address for service in India (typically their attorney's address). Foreign entities pay standard government fees (no MSME concession).

The Madrid Protocol is an international treaty allowing trademark owners to seek protection in multiple countries through a single application. India joined in 2013. Benefits: File one application in one language, pay one set of fees, and designate multiple member countries (130+). An Indian trademark registration or application can serve as the basis for international registration. This is cost-effective for businesses expanding globally.