What is Trademark Registration?
A Trademark is a unique sign, word, logo, symbol, design, slogan, sound, shape, or combination that distinguishes the goods or services of one business from another.
Trademark Registration grants exclusive legal rights to the owner to use the mark and prevent unauthorized use by others.
In India, trademarks are governed by:
The Trade Marks Act, 1999
Registration is administered by:
The Controller General of Patents, Designs & Trade Marks
Department for Promotion of Industry and Internal Trade (DPIIT)
Government of India
Why is Trademark Registration Important?
A registered trademark:
- Protects brand identity
- Prevents unauthorized use
- Builds customer trust
- Creates business goodwill
- Acts as an intangible asset
- Enables legal action against infringement
It protects your logo, brand name, slogan, packaging, or product identity.
Types of Trademarks That Can Be Registered
- Word Mark (Brand Name)
- Logo / Device Mark
- Service Mark
- Collective Mark
- Certification Mark
- Shape Mark
- Sound Mark
- Pattern Mark
- Colour Combination Mark
- Three-Dimensional Mark
- Series Mark
Note: Geographical Indications (GI) are registered under a separate law.
Validity of Trademark Registration
- Trademark registration is valid for 10 years
- Renewable indefinitely every 10 years
- Renewal can be filed within 1 year before expiry
- Late renewal allowed within 6 months with additional fee
If not renewed, the mark may be removed from the register.
Benefits of Trademark Registration
Exclusive Rights
Owner gets exclusive right to use the trademark in the registered class.
Legal Protection
Right to file infringement suit and claim damages.
Use of ® Symbol
After registration, you can use the ® symbol.
Brand Recognition
Enhances credibility and customer trust.
Asset Creation
Trademark becomes intellectual property and can be:
- Licensed
- Assigned
- Sold
- Used as security
Protection Across India
Protection valid throughout India.
International Filing
Can apply globally via Madrid Protocol after Indian registration.
Trademark Registration Process
Step 1: Trademark Search
Conduct search to check availability of the mark.
Step 2: Class Selection
Select appropriate trademark class (1–45) based on goods/services.
Step 3: Filing of Application
File Form TM-A online on IP India portal.
Step 4: Examination
Trademark Examiner reviews application.
Step 5: Objection (If Any)
Reply to examination report within 30 days if objection raised.
Step 6: Publication in Journal
Trademark published in Trade Marks Journal.
Step 7: Opposition Period
Public has 4 months to oppose.
Step 8: Registration Certificate
If no opposition or opposition resolved, Registration Certificate issued.
Time Required for Trademark Registration
- Filing acknowledgment: Immediate
- Use of ™: Immediately after filing
- Registration: 6–18 months (if no objection/opposition)
Documents Required for Trademark Registration
For Individual / Proprietorship:
- Aadhaar Card
- PAN Card
- Address proof
- Logo (if applicable)
For Partnership Firm:
- PAN of firm
- Partnership deed
- Address proof
- Partner details
For Company / LLP:
- PAN of company
- Certificate of Incorporation
- MOA & AOA
- Board Resolution
- Address proof
Other Requirements:
- Signed Form TM-48 (Power of Attorney)
- MSME / Startup Certificate (if claiming fee concession)
Government Fees for Trademark Registration
For Individuals / MSME / Startups:
₹4,500 per class (online filing)
For Companies / Others:
₹9,000 per class (online filing)
Professional charges are separate.
Trademark Classes
There are 45 classes:
- Class 1–34 → Goods
- Class 35–45 → Services
Correct classification is critical to avoid rejection.
Common Reasons for Objection
- Similarity with existing trademark
- Descriptive or generic words
- Lack of distinctiveness
- Incorrect classification
Professional filing reduces risk of objection.
Frequently Asked Questions
Can I use ™ before registration?
Yes, immediately after filing application.
Can I register my brand internationally?
Yes, through Madrid Protocol after Indian application.
Is trademark mandatory?
Not mandatory, but highly recommended for brand protection.
Can two businesses have same name?
Not in same class and industry if registered.
For professional assistance with Trademark Registration and objection handling, consult experienced IP professionals to ensure smooth filing and brand protection.
