Trademark registration is a legal process to get the exclusive rights over a brand's name, logo, slogan, or any distinct shape. Under the Trade Marks Act, 1999, the business gets the right to legally use the mark in a competitive market without the involvement of a third party. Once a trademark is registered with the Controller General of Patents, Designs, and Trademarks through the Trade Marks Registry, you can take legal action for infringement. Having the ™ mark on the goods or services significantly distinguishes them from competitors and safeguards them from unauthorised use. Under Section 25, a registered trademark is valid only for 10 years from the date of application. It means it is subject to renewal before its expiry date.
TM registration is not a legal requirement in India, but optional. However, registering a trademark becomes crucial when any business or individual wants the exclusive statutory rights over their brand's name or logo. Suppose you establish a company in which you spend a lot of money, time, and effort. But you come to know that your brand logo is being used by someone else. It significantly impacts your business operations and causes a loss of customers. That's where the trademark online registration plays an extraordinary role. The moment you file the application for a trademark, you get the exclusive rights to use the ™ symbol that protects the brand's assets from unauthorized use. Once the governing authority approves the application and registers it on the database, you can use the ® symbol on products, which gives legal existence in markets.
Both the ™ and ® symbols provide legal status to the registered company's brand name. Putting the wrong symbol next to your brand's name can cause heavy legal penalties under the Trade Marks Act, 1999. Understand both differences via this comprehensive table:
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Trademark Registration is important for a company’s reputation. If you’re still unsure about whether or not, we have outlined several benefits of trademark registration below to assist you in gaining a better comprehension of the subject.
Additionally, trademark registration can protect your business in India. Therefore, it's essential. Learn more about the benefits of trademark registration in India from the list we've provided below.
The day you file the trademark application, you get the exclusive rights to use the ™ symbol next to your brand name. After the full registration, which takes 12 to 18 months, you can legally use the ® symbol over ™ next to your brand's name, logo, or slogan.
The registered trademark can be used for 10 years, but it must be renewed before its expiry date. Trademark renewal ensures your brand's legal existence.
Owners have the right to take legal action against competitors or counterfeiters who use the trademark. Any second party cannot use the mark until it is registered in your name; if they do, you have the right to take action and claim damages in court.
A trademark-registered brand name or logo is an asset for a business. The franchisers, distributors, or manufacturers will pay a fee if they use your registered mark. It is a great opportunity for organizations that desire scale or franchise.
The trademark-registered individuals or businesses on the e-commerce platforms (Amazon, Flipkart, or other marketplaces) get access to automated protection. You can take legal action for infringement through the specific channels if any unauthorized person copies your listed products.
India follows the "Nice Classification" system for trademark registration. It's generally used to categorize goods and services. Filing the trademark application with the right class is crucial. Here is the complete list of trademark classes:
Essential for people or businesses that sell goods, clothing, housewares, jewelry, and alcohol.
☑️ Class 1-5: Industrial chemicals, paints, pharmaceuticals, industrial oils, etc.
☑️ Class 6-8: The common metals, hardware, and tools.
☑️ Class 9-14: Electronics, computers, medical devices, jewellery, firearms.
☑️ Class 15-21: Musical instruments, leather goods/bags, & all household goods.
☑️ Class 22-26: Textile & apparel goods cover ropes/yarn & lace/haberdashery.
☑️ Class 27-32: Meats/processed food items, including beverages & decor goods.
☑️ Class 33-34: Tobacco and alcoholic beverages (excluding beer).
Essential for people or businesses that provide services such as consultation, expertise, and other work-related services.
☑️ Class 35: Advertising, business management, and office functions.
☑️ Class 36: Insurance and financial affairs.
☑️ Class 37: Construction and repair services.
☑️ Class 38: Telecommunications.
☑️ Class 39: Transport and storage of goods and travel arrangements.
☑️ Class 40: Treatment of materials (manufacturing/custom processing).
☑️ Class 41: Education, training, and entertainment.
☑️ Class 42: IT, scientific, and technological services.
☑️ Class 43: Hotel, restaurant, and accommodation services.
☑️ Class 44: Medical, hygienic, and beauty care.
☑️ Class 45: Legal and personal security services.
Note: Any business that operates in multiple categories, such as managing a clothing brand that also runs an online store, needs to register in more than one class.
The TM registration process in India is straightforward and completely digital, which is managed through the Office of the Controller General of Patents, Designs, and Trade Marks (IP India). The ™ symbol can be used within 24 hours of filing the application, but to use the ® symbol generally takes 6 to 18 months or above, depending on processing. Here is the checklist for registration:
It is the primary step in which the owners of a brand need to check the uniqueness of their mark through the official IP India Public Search Database. The mark should not match any existing one; even phonetics and visuals should be different if checking for a logo.
Choose the right class, which must be relevant to your operation. India complies with the international "Nice Classification" system. Under this system, the goods or services are categorized into 45 classes. Classes 1 to 34 cover the physical goods and manufacturing, whereas classes 35 to 45 cover services.
The prepared documents must be clear, up-to-date, and contain the same information across all certificates. The major documents required are business proof, identity proof, and a high-resolution picture of the brand's logo or name.
Submit the trademark application form (Form TM-A) through the e-filing portal. On the portal, you also need to specify whether the mark is brand new or has a history of use.
The moment you submit the Form TM-A and clear payments, you will get the right to use the ™ symbol next to your brand name. A trademark application number is generated through which you can legally display the symbol.
If any objection is raised by the examiner, you will get an "Examination Report." It means you need to respond to raised objections within 30 days with valid proof and in a written letter; otherwise, a hearing will be scheduled.
In case the application is accepted, the mark will be published in the Official Trademark Journal. The mark will stay for 4 months, and during this period, the third party can oppose it if the mark is confusingly similar or violates their rights.
The application proceeds if no objection is raised within 4 months. Once approved, the authority issues a "trademark registration certificate," which allows you to legally use ® next to the brand name instead of ™.
List of Documents Needed for Trademark Filing in India-
✅ Applicant’s name and address.
✅ Business type (proprietorship, partnership, company, etc.)
✅ Details of the trademark, including the name, logo, or slogan.
✅ A description of goods or services to be covered by the trademark.
✅ Date of first use of the trademark in India, if any.
✅ Power of Attorney (if the application is being filed by a trademark agent or attorney)
✅ A copy of the trademark or logo (in JPEG format)
✅ Proof of identity and address of the applicant, such as Aadhar card, passport, driving licence, or voter ID card.
Keep in mind that the required documents may vary depending on your case. Therefore, JustStart should be with you throughout your company's trademark registration process. Also, learn how to register a brand name without rejection.
After the complete Form TM-A filing, the examiners of the Trade Marks Office review it to ensure that the mark does not appear descriptive or even similar to a registered trademark, etc. If it happens, the examiner issues an "Examination Report," which is called a "trademark objection" in common conversation.
Well, it is normal to receive an examination report during the trademark filing process. Receiving a trademark objection doesn't mean that your application is rejected. It means the examiner is asking for additional details or wants to alert you that the mark is too descriptive.
On the other hand, the applicant gets 30 days to file a written reply to the objection (examination reply). If the examiner is satisfied with the reply report, the application is accepted and proceeds. Otherwise, schedule a hearing for it. Don't worry, JustStart legal advisors will represent you at your objection hearing.
Renewal is mandatory to keep the trademark status active. The trademark registration in India is valid for 10 years from its initial filing date. If you avoid the first renewal deadline, the legal complexities and government fees increase significantly when applied during the grace period.
The registered owners must apply for the trademark renewal online at least 1 year before its exact date of expiration. It is the safest and best approach to avoid the possible late renewal charges. For renewal, file the Form TM-R.
If you missed the deadline, you can file for renewal after trademark expiry. But the renewal application must be filed within 6 months of its expiry. Section 25(3), read with Rule 58, your marks enter a grace period.
In the end, if any applicant applies for the renewal after 6 months of trademark expiry, then it comes under the restoration window (the last call out). The Registrar will officially remove the trademark from the register and the Trademark Journal. In this situation, you need to file an application to restore the dead mark under Section 25(4). However, the government charge for standard renewal remains the same, but the restoration cost per class is Rs 9,000.
Navigating the legal formalities without deep knowledge of laws and rules might be daunting for new businesses. To streamline the process of TM filing, legal consultants, such as JustStart, play a major role in giving a legal shape to your business. Here is why you should join JustStart to secure your brand's identity:
We have been in the legal service field for the last many years and have completed over 10,000 trademark registrations, trusted by a massive number of clients. We are not newcomers but work with professional CAs, CSs, and legal advisers who are committed to their work. Our professionals assist you with trademark applications so that you get legal exclusive rights for your brand assets.
Our experienced team joins with you, including preparing and filing Form TM-A on the IP India portal. Not only this, but we also search for trademarks, classify classes, file application forms, and prepare the documents to avoid errors.
Often, the trademark examiner raises objections if any errors are found in the application or issues related to the mark. On your behalf, our expert team files the trademark objection reply within the mentioned period (30-day objection timeline). You are totally free from the objection reply headache.
A registered trademark is generally valid for 10 years and is subject to renewal. We remind you of the renewal date 6 months before it falls due. It helped you to avoid the crucial deadline.
The cost for registration of trademark in India is INR 4,500 for individual/startup/small enterprise applicants filing online. For other entities, the fee is INR 9,000 per class.
Click here to read more about Trademark Registration Fees.
The required documents for trademark registration include applicant identity proof, address proof, a description of goods/services, and a Power of Attorney if an agent is involved.
You can check if a trademark is registered by conducting a search on the official website of the trademark registry in your country.
To register a trademark in India, you first check if it's unique, then apply to the Registrar with details about your trademark and what it represents. The Registrar reviews it, publishes it for others to object if they think it's similar to theirs, and if all goes well, you get a certificate. Remember, you need to renew it every 10 years to keep the protection.
An application for trademark registration can be made by any person who is able to claim the entity as the owner of the trademark. All you have to do is find someone who can register you with legal policies.
If a third party raises an objection to your business or product’s Trademark, you will receive a notice from the concerned department of the Government. You will have 30 days to respond to the trademark objection. If you fail to file a reply within 30 days, the case will be decided by the registrar ex parte..
Choosing the correct trademark class depends on the type of goods or services your business offers. India follows the 45 trademark classes system, where classes 1–34 cover goods and classes 35–45 cover services. Selecting the right class ensures your trademark gets proper legal protection in your industry.
On average, trademark registration in India takes 12 to 18 months for full approval, provided there are no objections or oppositions. However, you can start using the ™ symbol as soon as you file the application and receive an acknowledgment from the Trademark Registry.
Yes, once you have filed a trademark application, you can use the ™ symbol with your logo or brand name. This indicates that your mark is under application and protected. After final approval and registration, you can replace ™ with the ® symbol.
Trademark registration is a process to get the exclusive rights for a specific word, phrase, symbol, design, or combination. In competitive markets and among competitors, it identifies the source of goods or services.
The trademark can be filed by anyone and only under the legal name of the true owner. However, the trademark cannot be filed for by representatives in their own name, like a director for a company.
The businesses can use the ™ symbol immediately after filing an application, but it indicates an unregistered claim to a brand's assets. However, the ® symbol represents that the logo or brand is officially approved and registered by the government.
The trademark registry is the official government authority. This governing authority operates the registration process, manages the public database of trademarks, and administers trademark laws.
To check whether the trademark is registered or not, you can use the official IP India database. Otherwise, use any third-party platform.
Yes, the trademark registration is totally online, and you can file it via the e-filing system. Without physical paperwork, you can get exclusive rights for your brand assets by applying online on the platform.
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