Trademark Registration

The process of Trademark Registration in India is governed by the Trade Marks Act, 1999, and administered by the Controller General of Patents, Designs, and Trademarks. Registering a trademark gives a businesses and individuals exclusive rights over the use of a particular symbol, word and design that distinguishes their goods and services from others. Below is the step-by-step process for registering a trademark in India:

Trademark Public Search

• Conduct a trademark search on the official IP India website (https://ipindia.gov.in) to ensure that your desired trademark (name, logo and design) is not already registered to an existing trademark.

• This helps avoid potential legal disputes and rejection during the registration process. You can search using words, logo, or class of goods and services.

Identify the Class of Trademark

• Identify the appropriate class for your trademark. There are 45 trademark classes that categorize goods and services. Classes 1-34 cover goods, while Classes 35-45 cover services. for example Class 25 is for clothing, Class 41 is for education and entertainment services.

Filing the Trademark Application

• File the Trademark Application in the prescribed format (Form TM-A) either:

  • Online via the IP India portal.

  • Offline by submitting a physical application at the Trademark Registrar’s office in India.

• Documents Required:

  • Applicant’s details (name, address).

  • Trademark details (the word, symbol, or design).

  • Class of goods/services for which the trademark is being registered.

  • Power of Attorney.

  • Proof of use, if the trademark is already in use.

  • Proof of business registration.

  • Brand Logo.

• Payment of Fees: The fee structure depends on the type of applicant:

  • ₹4,500 for individual, startups and small businesses.

  • ₹9,000 for others (companies, LLPs, etc.).

Receipt of Application Number

• After submitting the trademark application, an Acknowledgment Receipt and an Application Number will be issued. The application number can be used to track the status of the application.

• Once the application number is issued, the applicant can begin using the TM symbol next to the trademark, indicating that the application is under process.

Examination of Trademark Application

• After the application is filed, it undergoes examination by the Trademark Examiner to ensure it complies with all legal requirements and does not conflict with existing trademarks.

• If the examiner finds an issue (e.g., similarity to an existing mark or being too generic), a formal objection is raised, and the applicant must respond to the objection within 30 days.

Respond to Objections

• If the examiner raises an objection, the applicant must submit a written response or attend a hearing to address the concerns. Failure to respond can lead to the rejection of the application.

• If the response is satisfactory, the application moves forward. If the response is unsatisfactory, the application may be refused. The applicant can appeal the decision.

Publication in Trademark Journal

• Once accepted, the trademark is published in the Trademark Journal (an official public record) to invite opposition from the public. The journal is available on the IP India website.

• A period of 4 months is provided for any third party to file an opposition if they believe the trademark infringes upon their rights.

Respond to Opposition 

• If an opposition is filed by a third party, both parties (the applicant and the opposing party) will present their case, and the Registrar will decide on the matter.

• If no opposition is filed within the 4-month period, the application moves to the next stage.

• If opposition is filed, the applicant must respond and present their arguments. Failure to respond may lead to the application being denied.

Issuance of Trademark Registration Certificate

• If there is no opposition, or if the opposition is resolved in favor of the applicant, the Trademark Registration Certificate is issued.

• The entire process from filing the application to receiving the registration certificate typically takes around 6-12 months (if no objections or oppositions are raised).

• Once the registration certificate is issued, the applicant can use the ® symbol, indicating that the trademark is officially registered and enjoys legal protection.

Renewal of Trademark

• A trademark registration is valid for 10 years from the date of registration. After 10 years, it must be renewed. Failure to renew can result in the trademark being removed from the registry.

• The renewal process can be initiated via Form TM-R before the expiry date.

Trademark registration is essential for businesses looking to protect their brand identity in a competitive market. It provides legal protection and exclusive rights to use the mark, preventing others from using it without permission. The process, though detailed, has become more streamlined through the online portal. However, responding to objections and oppositions promptly is crucial for successful registration. For businesses with long-term growth plans, a registered trademark adds brand value and ensures legal protection in case of infringement, helping to build a strong brand presence.