+91 7305 345 345Trademark Registration
1,64,739
Happy Clients
99.9% customers satisfaction guaranteed.
No Hidden charges
Overview of Trademark Registration in India
Your brand is the identity of your business; therefore, protecting it with trademark registration is not a choice, but a necessity. Trademark Registration provides legal ownership over your brand, prevents its misuse, and builds long-term consumer trust. A trademark can be a name, logo, slogan, design, or symbol that identifies and distinguishes your products or services from those of others. Under the Trade Marks Act, 1999, a registered trademark grants you exclusive rights to use the mark, initiate legal proceedings in case of infringement, and enjoy nationwide recognition. Although trademark registration in India is not mandatory under the Trade Marks Act, 1999, registration serves as a strong legal proof of ownership and commercial value for your brand. Trademark registration is valid for a period of 10 years and can be renewed indefinitely by filing an application with the registrar.
What is a Trademark?
A trademark is a special symbol, design, name, or combination of any, denoting a special product that identifies and distinguishes the source of the goods from one person to another. The Trademarks Act, 1999, does not mandate the registration of trademarks in India, but registration provides the trademark owner with legal protection, exclusive rights to use the mark, and other benefits.
As per Section 2(1)(zb) of the Trademarks Act, 1999, a trademark is defined as
“…mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours; and—
(i) in relation to Chapter X (which deals with special provisions for protection of trademarks through international registration under the Madrid Protocol), a trademark includes a trade mark relating to services;
(ii) a certification trade mark or collective mark.”
Who Can Apply for Trademark Registration?
- Individual
- Sole Proprietorship
- Partnership Firm
- Limited Liability Partnerships
- Private Limited Company
- Public Limited Company
- One Person Company
- Trade Marks Act, 1999
- Trust
- Society
Benefits of Trademark Registration in India
A registered trademark has the following benefits:
- Legal protection: A registered trademark provides legal rights to use the mark.
- Brand recognition: Registering the trademark increases brand value and establishes its market presence.
- Exclusive rights: Only the registered owner of the trademark can use the trademark in relation to their goods/services.
- Asset value: A registered trademark is a valuable asset for the brand, as it distinguishes it from others and can be licensed.
- International protection: Registration of a trademark in India is used as a basis for international protection.
- Legal remedy in case of infringement: Registered owners of the trademark have the right to sue for damages and injunctions in case of unauthorised use.
- Enhanced Credibility and Trust: Consumers are more likely to trust a business with a registered trademark, as it shows more authenticity and credibility.
Types of Trademarks in India
1. Product mark: A product mark is used to identify goods or products.
Example: Nike for shoes, Nestlé for food products.
2. Service mark: A service mark is used to represent services instead of goods.
Example: Airtel for telecom services, Taj Hotels for hospitality.
3. Collective mark: This is used by a group or an association to indicate that the products/services come from members of that group. The group holds the trademark, but its members use it.
Example: CA (Chartered Accountant) used by members of the ICAI.
4. Certification mark: A certification mark shows that a product meets specific standards of quality, origin, material, or manufacturing method.
Example: ISI mark, AGMARK, FSSAI certification.
5. Shape mark: A shape mark protects the shape of a product or its packaging to distinguish the goods and services.
Example: The unique shape of the Coca-Cola bottle.
6. Sound mark: A sound mark protects a specific sound associated with a product or company.
Example: Nokia’s ringtone, IPL tune.
7. Colour mark: A specific colour or combination of colours used to represent a brand. The colour must have acquired distinctiveness through use to be trademarked in India.
Example: Cadbury purple used on chocolate wrappers
Difference Between ™ (Trademark) and ® (Registered Trademark)
|
™ (Trademark) |
® (Registered Trademark) |
|
It is an unregistered trademark. |
It is a registered trademark. |
|
There is no legal protection for a trademark unless it is registered. |
It grants the owner exclusive rights to the trademark. |
|
No registration is required to use this symbol. |
Registration is mandatory to use this symbol. |
|
There are no legal consequences for using the ™ symbol, even if the mark is unregistered. |
Using the ® symbol before registration is illegal and can result in legal penalties. |
|
It is legal to use at any time. |
It is illegal to use it until it is registered. |
|
Unauthorised use of an unregistered trademark is not illegal. |
Unauthorised use of a registered trademark is illegal and attracts legal consequences in case of infringement. |
Requirements for Trademark Registration in India
1. Trademark: It can be a name, image, phrase, design or a mix of these that identifies a business or product. It must be unique and different from other registered marks, and it should not resemble any existing marks to avoid confusion and infringement.
2. Choosing the correct Class: In India, trademarks are registered under the system of International Classification of Goods and Services (ICGS), known as the Nice Classification. This classification divides goods into 34 categories and services into 11 categories. Proper classification ensures that the trademark is protected in the correct category and avoids conflicts with similar trademarks in other sectors.
3. Application: The trademark registration process begins with the filing of an application with the Indian Intellectual Property Office (IPO). The application includes:
- A copy of the trademark logo or design (if applicable)
- A description of the trademark
- Proof of use or intent to use the trademark (such as the date of first use)
- Personal identification details (e.g., PAN card, Aadhar card)
- Power of Attorney (Form-48) if filed through a representative or agent
Eligibility Criteria for Trademark Registration Online
You must qualify for the following standards to be eligible for trademark registration.
1. Distinctiveness of the trademark
- The trademark must be distinctive and capable of identifying the goods or services of one business, making them distinguishable from others in the market.
- Generic, descriptive, or commonly used terms are not eligible for registration, as they fail to distinguish the goods or services.
2. Non-Conflict with existing trademarks
- The trademark must not conflict with any existing registered trademarks.
- If a mark is too similar to an existing one, it may lead to rejection due to potential confusion among consumers.
3. No prior registration of similar marks
A trademark must not be identical or substantially similar to a registered trademark. If an identical mark exists for the same or similar goods or services, the application is likely to be rejected.
4. Use in commerce or intent to use
- The trademark should either be in actual use in connection with goods/services or intended for future use.
- If the trademark has not been used yet, the applicant must declare an intent to use it in commerce. However, the mark must be used within five years of registration to avoid cancellation.
5. Eligibility of the applicant
- The applicant can be an individual, a company, a partnership firm, an LLP, a Private Limited Company, or any other legal entity, such as an association of persons (AOP) or a trust.
- The applicant must be the owner of the brand associated with the trademark or have the legal right to use the trademark.
6. Compliance with legal restrictions
- The trademark must comply with the Trade Marks Act, 1999 and should not fall under any prohibited categories.
- Prohibited categories include those that are scandalous, obscene, or deceptive, or those that could potentially mislead the public.
7. Correct classification of goods/services
Trademarks must be registered under the correct class based on the nature of the goods or services. India follows the Nice Classification, which includes 34 classes for goods and 11 for services.
8. The logo or mark should be unique
The trademark (whether a word, logo, design, or combination) should be unique and original. If it’s a logo or design, it must not resemble any existing logos, symbols, or government emblems.
9. Proof of use or evidence of intent
- While filing a trademark, applicants may need to provide proof of the first use of the trademark, especially if the application claims prior use.
- A statement of intent to use is sufficient if the trademark is not yet in use in commerce.
10. Timely and correct fee payment
- Applicants must pay the prescribed application fee for trademark registration. The fees vary based on the type of applicant, such as individual, MSME, or corporate entities.
- Online payments are commonly accepted through the official portal of the Indian Intellectual Property Office (IPO).
Documents Required for Trademark Registration in India
You need the following documents for the trademark registration:
1. Trademark/Logo/Wordmark
2. Applicant’s Details
- Name, address, and nationality of the applicant
- Type of applicant (Individual, Company, Partnership, etc.)
3. Details of Goods or Services
- A clear description of goods/services for which the trademark is sought
- Identification of the relevant class based on NICE Classification (1 to 45)
4. Power of Attorney (Form TM-48)
- Authorizes a trademark agent or attorney to file on the applicant’s behalf
- Must be duly signed and executed on stamp paper
In the case of:
5. Individual or Sole Proprietorship
- PAN Card or Aadhaar Card of the applicant
- Proof of business address (utility bill, rent agreement, etc.)
6. Partnership Firm / LLP
- Partnership Deed or LLP Agreement
- PAN Card of the firm
- Authorization letter (if one partner is signing on behalf of others)
- User affidavit
7. Private Limited / Limited Company / OPC
- Certificate of Incorporation
- Company’s PAN Card
- Board resolution or letter of authorization to file the application
8. Trust or Society
- Registration certificate of the trust/society
- Trust deed or governing rules
- Authorization from the trustees or management body
9. Optional Documents (If Applicable)
- MSME or Startup India Certificate: To avail of a 50% rebate on government fees for trademark application.
- Translation or Transliteration: Required if the trademark is in a language other than English or Hindi.
Online Process of Trademark Registration in India
Though registration of a trademark is not mandatory in India, the process of registering a trademark is governed by the Trade Marks Act, 1999. Follow the following steps to register the trademark in India:
STEP 1: Check Trademark
Conduct a comprehensive trademark search on the IP India portal to ensure that your chosen mark is not already registered.
STEP 2: Class Identification
The second step is to categorise your Trademark under the Nice Classification, which divides trademarks into 45 classes, 1-34 classes for goods and 25-45 classes for services. The Trademark Act, 1999, allows applicants to register trademarks under one or more classes depending on the nature of their business.
STEP 3: Application Preparation
The trademark application should include:
- The brand name and clear image of the trademark.
- Details of the applicant, including name, address, nationality, and legal status of the applicant, whether it is an individual, company, LLP, etc.
- Goods or services associated with the trademark.
- Date of first use of the trademark, if applicable.
- Description of the trademark
STEP 4: Submit Documents
Submit the documents and
- Give a clear image of the trademark, including logo, watermark, etc., in the desired format.
- Provide proof of use of the trademark that includes advertisements and invoices to claim the prior use of the trademark.
STEP 5: The Vienna Codification Process
When you apply to register a trademark that includes a figurative element (like a logo, symbol, or image), the trademark office needs to categorise that element. The Trademark Registrar examines the figurative part of the trademark and assigns it to one or more categories from the Vienna Classification. The Vienna system uses codes that correspond to specific types of figurative elements (like animals, plants, geometric shapes, human figures, etc.) These codes help trademark examiners and the public search for similar figurative marks efficiently
STEP 6: File the Application
- File the trademark application through the IP India Portal using the Form TM-A.
- Pay the fee online for filing the application. The filing fee depends on the applicant type - individual, company, MSME, etc.
Trademark Fees
|
E-filing |
Physical filing |
||
|
Category |
Fees |
Category |
Fees |
|
Individuals, MSMEs, and Startups |
₹4500 per class |
Individuals, MSMEs, and Startups |
₹5000 per class |
|
Companies, Partnership Firms, LLPs, etc. |
₹9000 per class |
Companies, Partnership Firms, LLPs, etc. |
₹10,000 per class |
STEP 7: Examination and Objection
- The IPO will examine the trademark for eligibility.
- If objections are raised, you need to respond within the prescribed time frame with necessary justifications.
- You need to address any issues raised during the examination phase to continue with the process.
STEP 8: Publication and Registration
- After the examination, the trademark will be published in the Trade Marks Journal for public inspection for 4 months.
- If no objections are filed during the publication period, the trademark will be registered.
STEP 9: Maintain Records
- Keep a copy of the application receipt, payment confirmation, and registration certificate once granted.
- Ensure timely renewal of the trademark every 10 years to keep it valid.
Trademark Renewal
A registered trademark must be renewed every 10 years to maintain legal protection and exclusive rights.
Renewal Process
- Form TM-R: File the form with the prescribed fee before expiry or within a grace period of one year.
- Required documents: Registration certificate, power of attorney (if filed through an agent), and identity proof.
- Where to file: Online through the official website of the Trademark Registry.
Why Choose Kanakkupillai?
Trademark Registration is a legal tool for protecting your brand’s identity, reputation, and market value. Kanakkupillai is a top provider of business solutions, including brand registration, GST registration, company registration, and Trademark registration. We provide:
- End-to-end assistance with trademark search, filing, and classification
- Drafting and filing of Form TM-A (new registration) and Form TM-R (renewal)
- Objection and opposition handling by experienced trademark attorneys
- Timely renewal and restoration to avoid removal from the trademark register
- Support for assignment, licensing, and ownership changes
- Multi-class and international trademark filings under the Madrid Protocol
- Help with MSME and Startup India rebates on government fees
Frequently Asked Questions
Is trademark registration mandatory in India?
No, it’s not mandatory, but it gives you legal protection, exclusive usage rights, and helps prevent misuse of your brand.How long is a registered trademark valid?
A registered trademark is valid for 10 years and can be renewed every 10 years to maintain protection.Can I register a trademark without using it?
Yes, you can file based on intent to use, but the mark must be used within 5 years to avoid cancellation.What is the cost of trademark registration?
The fee is ₹4,500 for individuals/MSMEs and ₹9,000 for others, plus any applicable professional service charges.What is Form TM-A used for?
Form TM-A is used to apply for a new trademark with the Indian Trademark Registry.What is the difference between ™ and ® symbols?
™ is used for unregistered trademarks, while ® can only be used once the trademark is officially registered.How can I check if a brand name is already taken?
You can search the IP India website to check if your desired trademark is already registered or applied for.Can I apply for more than one class in a single application?
Yes, you can file a multi-class application, but separate fees apply for each class selected.What happens if I don’t renew my trademark on time?
It may be removed from the register, but you can restore it within one year by paying additional fees.Can a foreign company register a trademark in India?
Yes, foreign companies can apply directly or through an authorised Indian agent.Is an Indian trademark valid internationally?
No, it is only valid in India unless extended via the Madrid Protocol for international protection.What makes Us Different
300+ Services
Relax at home, we take care of Tax/Compliance
Reasonable
competitive price with professional service delivery
Customer Satisfaction
Prioritize client satisfaction and expectations at every step
Google Reviews
99% of Customers rated us 5* in Google.
Turn Around Time
99% of services will be delivered on within timeline
Compliance
We manage 99.9% of compliance within due date
Our Banking Partners
