Trademark in India

Trademark Registration in India – A Complete Guide

A trademark is one of the most valuable assets a business can own. It represents the identity of a brand — the name, logo, symbol, or even a sound that distinguishes its goods or services from others. In India, trademarks are protected under the Trade Marks Act, 1999, which provides legal recognition to brand identities and prevents misuse or imitation by competitors.

The trademark registration process in India is designed to ensure that every registered mark is unique and does not conflict with existing trademarks. Whether you are a startup, a small enterprise, or an established multinational, registering a trademark provides exclusive rights and legal protection for your brand in the Indian market.

What Can Be Registered as a Trademark

A trademark in India can include a wide range of elements that help consumers identify the source of goods or services. These may include:

• Words or Names – Company or product names (e.g., “TATA”, “AMUL”).
• Logos or Symbols – Visual representations or design marks.
• Slogans or Taglines – Catchphrases (e.g., “Just Do It”).
• Shapes or Packaging – Distinctive product shapes or 3D configurations.
• Sounds – Musical notes associated with a brand (e.g., the Intel jingle).
• Colors and Combinations – Unique color schemes with distinctiveness.

However, a mark that is generic, descriptive, or identical to an existing trademark is unlikely to be registered. The key principle is distinctiveness — the mark must uniquely identify the origin of the goods or services.

Benefits of Trademark Registration

Registering a trademark in India provides several legal and commercial advantages:

1. Exclusive Ownership Rights – The registered proprietor has exclusive rights to use the mark for the goods or services specified.
2. Legal Protection – Registration provides statutory protection against unauthorized use, imitation, or counterfeiting.
3. Brand Recognition and Goodwill – A trademark becomes a symbol of trust and quality, enhancing brand reputation.
4. Asset Creation – A registered trademark is an intangible asset that can be licensed, franchised, assigned, or sold.
5. Basis for International Filing – An Indian registration can serve as the foundation for filing in other countries under the Madrid Protocol.
6. Easy Enforcement – Infringement cases can be handled efficiently since the registration certificate serves as prima facie evidence of ownership.

Trademark Classes in India

India follows the Nice Classification system, which divides goods and services into 45 classes (Classes 1–34 for goods and Classes 35–45 for services).

For example:

• Class 25 – Clothing, footwear, headgear
• Class 30 – Coffee, tea, and bakery items
• Class 35 – Advertising, business management
• Class 43 – Hotels, restaurants, and catering

It is essential to select the correct class or multiple classes based on the nature of your business activities. Filing in the wrong class can limit protection and may require re-filing later.

Trademark Registration Process in India

The process of registering a trademark in India is both systematic and transparent. The steps are as follows:

Step 1: Trademark Search

Before filing, a trademark availability search should be conducted through the official website of the Indian Trade Marks Registry (https://ipindia.gov.in). This helps identify existing or similar marks and reduces the risk of objection or opposition.

Step 2: Filing the Application

Once the mark is found to be available, an application is filed in Form TM-A with details of the applicant, representation of the mark, class, and description of goods/services.
Applications can be filed:

• Online, through the IP India website, or
• Offline, at one of the regional trademark offices in Mumbai, Delhi, Chennai, Ahmedabad, or Kolkata.

Different fee structures apply based on the type of applicant:

• Individuals / Startups / Small Enterprises: ₹4,500 (per class, per mark)
• Others (companies, firms, etc.): ₹9,000 (per class, per mark)

Step 3: Examination of the Application

After filing, the application undergoes examination by a Trademark Examiner to ensure it complies with the Act and does not conflict with existing marks.
The examiner may raise objections on absolute (generic/descriptive) or relative (similar marks) grounds.

A detailed reply to the examination report must be filed within one month, addressing all objections. If the examiner is satisfied, the application proceeds to publication.

Step 4: Publication in the Trademark Journal

The accepted application is published in the Trade Marks Journal to invite opposition from the public. Any third party can file an opposition within 4 months from the date of publication.

If no opposition is filed, or if the opposition is decided in favor of the applicant, the application moves toward registration.

Step 5: Registration and Certificate Issuance

Once approved, the Trademark Registrar issues a Registration Certificate under the seal of the Trade Marks Registry. The ® symbol can now be used with the mark, signifying registered status.

Duration and Renewal of a Trademark

A registered trademark in India is valid for 10 years from the date of filing and can be renewed indefinitely every 10 years by paying the prescribed renewal fee (Form TM-R).

Renewal can be filed within 12 months before expiry, and even after expiry with an additional surcharge (grace period of 6 months). Failure to renew may lead to removal of the mark from the register, though it can later be restored upon request.

Trademark Opposition and Rectification

During publication, if any person believes that the mark conflicts with their existing rights, they may file an opposition (Form TM-O). The opposition is adjudicated through written statements, evidence, and hearings.

Post-registration, if a trademark is wrongly registered or remains unused for 5 years, any aggrieved party can seek rectification or cancellation of the mark.

Trademark Infringement and Remedies

Trademark infringement occurs when a registered mark is used by another party without authorization in a manner likely to cause confusion.

The registered proprietor can take civil or criminal action against infringers.
Civil remedies include:

• Injunction (to stop further use)
• Damages or account of profits
• Delivery/destruction of infringing goods

Criminal remedies may also be available for willful counterfeiting or falsification.

International Trademark Protection

Indian trademark owners can seek protection in other countries through the Madrid Protocol, administered by WIPO. A single international application can be filed through the Indian Trade Marks Office, designating multiple member countries.
This system simplifies global brand protection and reduces costs for international businesses.

FAQ Section: Trademark Registration in India

1. What is the process for trademark registration in India?

The trademark registration process in India begins with a trademark search to ensure your mark is unique. Next, you file an application in Form TM-A, either online or offline. The application is examined by the Trademark Office, and if accepted, it is published in the Trademark Journal. If no opposition is filed within four months, or if any opposition is resolved in your favor, the Trademark Registrar issues a Registration Certificate, granting you exclusive ownership of the mark.

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2. How long does it take to register a trademark in India?

On average, it takes 12 to 18 months to complete the entire trademark registration process in India. The duration can vary depending on whether there are objections, oppositions, or delays in examination. Applications without disputes may be processed faster, especially when filed correctly and followed up promptly.

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3. What is the validity period of a registered trademark in India?

A registered trademark in India is valid for 10 years from the date of filing. It can be renewed indefinitely for further 10-year periods by submitting Form TM-R and paying the prescribed renewal fee. Renewal ensures continuous protection of your brand identity without interruption.

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4. Can I register a logo or slogan as a trademark?

Yes, you can register logos, slogans, names, symbols, and even distinctive colors or sounds as trademarks in India, provided they are unique and distinctive. Your mark should not be identical or confusingly similar to an existing registered trademark.

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5. What happens if someone uses my registered trademark without permission?

Unauthorized use of a registered trademark constitutes infringement. As the registered proprietor, you can file a civil suit to seek an injunction (to stop misuse), claim damages or profits, and request destruction of infringing goods. In cases of counterfeiting, criminal remedies and penalties may also apply.

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6. Can Indian trademark registration be used for protection abroad?

Yes. Trademark owners in India can seek international protection under the Madrid Protocol through a single application filed via the Indian Trademark Office. This allows protection in multiple member countries, simplifying global brand management and reducing costs.

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7. What are the government fees for trademark filing in India?

The government filing fee for a trademark application in India is:

• ₹4,500 per class for individuals, startups, and small enterprises, and
• ₹9,000 per class for all other applicants (such as large companies or LLPs).
  Fees are per mark, per class, and payable at the time of filing.

Conclusion

In today’s competitive business environment, a trademark is far more than a logo — it is the embodiment of your brand’s reputation and trust. The Trademark Registration process in India provides a robust framework to secure this valuable identity.

Whether you are launching a new brand or expanding an existing one, registering your trademark ensures that your brand remains legally protected, commercially valuable, and uniquely yours.

At Bhagnari & Co, we provide end-to-end trademark services — from availability search, filing, prosecution, and opposition management to renewals and international protection — ensuring that your brand receives the strongest possible legal safeguard.

About This Page

This page explains the complete process of Trademark Registration in India, covering every step from conducting a trademark search to obtaining the registration certificate under the Trade Marks Act, 1999. It highlights key topics such as filing requirements, classification of goods and services, opposition procedure, validity, and renewal of trademarks. The guide also explains legal protection against infringement and how Indian trademark owners can extend protection internationally through the Madrid Protocol.
At Bhaganari & Co, we offer end-to-end trademark services, including search, filing, examination, opposition handling, renewals, and brand enforcement, ensuring your trademark remains protected and commercially valuable.

Written by Mahesh Bhagnari, Patent & Trademark Attorney in India.