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Trademark Registration Online in India – Protect Your Brand Name & Logo
Trademark registration protects your brand name, logo, and identity from unauthorised use in India. Businesses that delay filing or fail to apply for trademark renewal on time risk losing exclusive legal rights. Our trademark registration service helps startups, companies and entrepreneurs quickly secure trademark protection and stay compliant with trademark laws.
Check Your Trademark Name Availability Now
A trademark availability search is conducted on the official IP India database to identify existing or similar marks before filing. This step helps reduce objections and improve the chances of approval.
Professional trademark searches go beyond basic database checks and help identify potential conflicts before filing. Join thousands of businesses that trust our team to conduct comprehensive trademark searches, so you can confidently register your brand name without legal risk.
Why Apply for Trademark Registration?
1. Legal Ownership & Exclusive Rights: A trademark owner has exclusive rights to use their trademark according to the provisions of the Trade Marks Act. In the absence of a registered trademark, enforcing one's rights becomes difficult, particularly when another entity begins using a confusingly similar brand identity.
2. Trademark as an Intangible Business Asset: Today, businesses are not just valued based on their revenue, but also on ownership of intangible assets. Once registered, a trademark becomes an intangible asset that is legally recognized and can be licensed, assigned and otherwise commercially exploited.
Companies with protected intellectual property are often preferred by investors and potential acquirers. Clear ownership reduces legal and reputational risks. Many startups also explore Startup India Registration to strengthen brand credibility and access government-recognised benefits alongside trademark protection.
3. Protection Against Brand Misuse: Trademark registration helps prevent imitation, reduces consumer confusion, and protects the goodwill associated with your brand.
Trademark owners have the ability to take legal action against third parties using identical or confusingly similar trademarks on goods or services related to those on which their trademark is registered.
Who Can Apply for Trademark Registration?
Trademark protection becomes essential for any business that is developing a commercial identity. Individuals, proprietors, partnerships, LLPs, startups, and companies can apply for brand registration in India.
Businesses launching a new venture often combine trademark filing with Private Limited Company Registration to secure both brand identity and legal structure from the start.
The types of entities that typically apply for the use of trademarks include:
- Start-ups and other emerging businesses
- Small and Medium Enterprises (SMEs)
- Freelancers and/ or consultant businesses
- Agencies
- E-commerce sellers
- Small or medium-sized businesses
All businesses (individuals, start-ups, small businesses, and non-profit or incorporated businesses) may submit applications through the Trade Marks Registry. However, the types of fees charged by the government for the submission of the Trademark will vary depending on which type of entity submits their Intellectual Property (IP) request.
If your business name, logo, product label, or slogan has an impact on sales revenue and/or provides brand recognition within the marketplace, your Intellectual Property may be able to be legally protected.
Check If Your Brand Can Be Registered
Not every identity qualifies for trademark protection. A quick eligibility check can help you avoid rejection, legal objections, and unnecessary government fees. Our experts review your brand name against existing trademarks, so you know your chances before filing.
Ready to Protect Your Brand Today? File your trademark application in minutes with expert support and start using ™ instantly.
Process of Trademark Registration
The new Trademark Registration in India follows a structured statutory process under the Trade Marks Act and Rules. Kanakkupillai conducts a deep-dive search across all 45 classes and the Vienna Code database to prevent rejection before you pay.
Step 1: Search & Classification - Vienna Code
A trademark search is performed on all 45 classes for any possible conflicts prior to filing a trademark application. Vienna codification is confirmed to ensure visual representations are classified correctly for logos and device marks.
Step 2: Instant Filing - Form TM-A
A trademark application is filed with the Trademark Office via Form TM-A, which is the appropriate form as per the Trade Marks Rules, 2017, once it has been cleared by the trademark search.
Upon filing of the trademark application:
- You will receive an official government acknowledgement of your filing
- You may now begin to use the ™ symbol
- Your trademark application will appear in the public IP India database and will be searchable.
Step 3: Examination Report Stage
After filing, the Trademark Registry examines the application to check for distinctiveness, classification accuracy, and conflicts with existing marks. If objections are raised under Section 9 or Section 11, a response must be filed within the given deadline.
Step 4: Trademark Journal Publication
If the application clears examination, it is published in the Trademark Journal for public review. During this stage, third parties may file opposition if they believe the trademark conflicts with their existing rights.
Step 5: Registration & Certification
Once the trademark application has successfully completed the registration process:
- You will receive a government registration certificate for your trademark
- You may upgrade your trademark status from ™ to ®
- Your trademark will have statutory protection throughout India.
Documents Required for Trademark Registration in India
To Register Trademark application, the following basic details and documents are generally required:
- Trademark name, logo, or wordmark
- Applicant details (name, address, and entity type)
- Description of goods or services and relevant trademark class
- Signed the authorisation form (Form TM-48) when filing through an agent
Additional documents may apply depending on the applicant type:
- Individuals / Sole Proprietors – PAN or Aadhaar and business address proof
- Partnership Firms / LLPs – Partnership deed or LLP agreement
- Companies / OPCs – Certificate of Incorporation and company PAN
- Trusts or Societies – Registration certificate and governing documents
Optional Documents (if applicable):
- MSME or Startup India certificate for government fee concessions
- Translation or transliteration if the trademark uses a non-English language
File your trademark online in minutes – No office visits, no complicated paperwork, 100% hassle-free online process.
Which Trademark Class Is Right for You?
Trademark protection is class-specific. Selecting the correct class is critical because rights are enforceable only within the registered category. Filing under the wrong class can weaken protection and require costly re-filing. Commonly Filed Classes:
India follows the Nice Classification system, which divides trademarks into 45 classes covering goods and services. Businesses operating under service-based classes often align trademark filing with GST Registration to maintain compliance across branding and taxation.
|
Industry |
Trademark Class |
What It Covers |
|
Mobile Apps & Software |
Class 9 |
Software, mobile applications, SaaS products, electronics |
|
Clothing & Fashion Brands |
Class 25 |
Apparel, footwear, headgear |
|
Advertising & Marketing Agencies |
Class 35 |
Advertising, business management, digital marketing |
|
Retail & E-commerce Stores |
Class 35 |
Online retail, marketplaces, business services |
|
Educational Institutions |
Class 41 |
Education, training, coaching, workshops |
|
Restaurants & Cafes |
Class 43 |
Food services, restaurants, cafés, catering |
|
Hotels & Hospitality |
Class 43 |
Hotels, resorts, and accommodation services |
|
IT & Tech Services |
Class 42 |
Software development, IT services, web design |
|
Healthcare Clinics |
Class 44 |
Medical services, clinics, wellness centres |
|
Pharmaceuticals |
Class 5 |
Medicines, healthcare products |
|
Manufacturing Units |
Class 1-34 |
Goods based on product type |
|
Consulting & Professional Services |
Class 35/42 |
Business consulting, technical services |
|
Fitness & Gyms |
Class 41 |
Training, fitness instruction |
|
Logistics & Transportation |
Class 39 |
Transport, storage, and delivery services |
|
Beauty & Cosmetics Brands |
Class 3 |
Cosmetics, skincare, beauty products |
Find Your Trademark Class Instantly
Choosing the correct trademark class is the most critical step in securing strong legal protection for your brand. Our experts help you identify the most accurate class based on your business activity, so your trademark is protected where it matters most.
Understanding Types of Trademark
Different trademark types offer different levels of legal protection depending on how a brand is used. Identifying the correct type of trademark is essential to ensure that your brand receives the right scope of legal protection.
Each trademark type protects a specific element of your brand identity, and filing under the wrong category may result in objections, limited enforceability, or refusal during examination.
Understanding the nature of your trademark ensures that your application accurately reflects how the mark is used in commerce, meets statutory requirements under the Trade Marks Act, 1999, and receives enforceable protection. The following are types of trademarks protected in India:
- Word Mark (Brand Name) - Protects the brand name or text itself, irrespective of font, style, or colour. This offers the strongest and most flexible protection for brand names.
- Device Mark (Logo) - Protects the visual design of a brand, including logos, symbols, stylised lettering, or graphic elements. Protection applies only to the specific design filed.
- Sound Mark - Protects distinctive sounds associated with a brand, such as jingles or audio signatures, provided they clearly identify the source of goods or services.
- Shape Mark - Protects the unique shape of a product or its packaging when the shape itself distinguishes the brand and is not purely functional.
- Colour Combination Mark - Protects specific colour combinations used consistently to represent a brand, where such colours have acquired distinctiveness in the market.
- Collective Mark - Used by members of an association to indicate a common origin, quality, or standard of goods or services offered by the group.
- Certification Mark - Indicates that goods or services meet defined quality, origin, or manufacturing standards. The mark is owned by the certifying authority, not the trader.
Trademark Vs Copyright - Applying for a Trademark for the First Time?
Businesses often confuse trademark and copyright protection, and many fail to apply for trademark renewal on time, putting their legal rights at risk.
|
Basis of Comparison |
Trademark |
Copyright |
|
What It Protects |
Brand identity, such as name, logo, slogan, symbol |
Original creative works such as books, music, films, software code, and artwork |
|
Purpose |
To distinguish the goods or services of one business from another |
To protect the expression of ideas, not the idea itself |
|
Governing Law in India |
Trade Marks Act, 1999 |
Copyright Act, 1957 |
|
Examples |
Brand name, logo, tagline, packaging |
Books, videos, website content, music, software |
|
Commercial Use |
Used to build brand value and goodwill |
Used to monetise creative works |
|
Duration of Protection |
10 years, renewable indefinitely |
Lifetime of author + 60 years |
|
Symbol Used |
™ - applied, ® -registered |
© |
|
Who Can Apply |
Individuals, startups, MSMEs, companies |
Author or creator |
|
Renewal Required |
Every 10 years |
No renewal required |
Trademark Objection & Opposition Process in India
Trademark objections are a common stage in the registration process, especially when marks are descriptive or similar to existing filings. Understanding Section 9 and Section 11 objections helps applicants respond correctly and avoid delays.
We provide end-to-end support for your trademark objection reply, hearings and opposition matters to protect your trademark application and help avoid delays.
Have you received an examination report for your application? Don’t be discouraged. There are generally two reasons the Trademark Office has raised an objection in your application:
1. What is a Section 9 Trademark Objection?
A Section 9 objection is raised when a trademark lacks distinctiveness or appears descriptive, generic, or incapable of distinguishing one business from another.
The applicant must demonstrate acquired distinctiveness or provide legal arguments supporting registrability.
2. What is a Section 11 Trademark Objection?
A Section 11 objection occurs when a trademark is considered identical or deceptively similar to an existing registered or pending mark.
In such cases, a detailed legal reply must establish differences in class, usage, visual identity, or commercial impression.
How the Objection Process Works:
Step 1: Examination Report is issued by the Trademark Registry.
Step 2: Applicant files an objection reply with legal justification.
Step 3: Registrar reviews the reply or schedules a hearing.
Step 4: If accepted, the application proceeds to Journal publication.
Our legal professionals assist in drafting compliant trademark objection replies, preparing supporting affidavits, and ensuring timely submission to prevent abandonment of the application. Businesses operating as registered companies should also maintain Annual Compliance for Private Limited Company requirements to ensure ongoing legal stability alongside trademark protection.
When a trademark application is scheduled for a hearing, quality representation is critical. Representation from our attorneys will guide you through the entire hearing process, including preparing written submissions and arguing your case in person at the Trademark Registry.
We can help you correct any errors related to opposing a tm application, file evidence of your opposition, and track the progress of your application to ensure your application is processed without delays.
Why Businesses Choose Kanakkupillai?
Proper objection handling significantly increases the likelihood of successful trademark registration, especially when objections relate to similarity or classification issues.
Trademark approval depends on a correct filing strategy, classification, and response handling. Registering a trademark isn't a matter of merely submitting an application; it's about obtaining approval to maintain your brand's legal rights and protecting its long-term viability. Businesses across India choose Kanakkupillai for trademark registration because of structured legal workflows, accurate classification, and end-to-end filing support.
From the first step of checking if your chosen name is available to register a brand through responding to any objections and ultimately obtaining your final registration certificate, we help you file your trademark correctly the first time to prevent any unnecessary delays or costs due to rejections.
How do we separate ourselves from the competition?
- Expert Staff - All applications are reviewed by experienced personnel and processed according to classification, documentation and compliance with the applicable Trade Marks Act and rules.
- Thorough Trademark Search - Prior to filing any application, we will conduct extensive searches throughout the official IP India database to identify any potential conflicts that may exist prior to filing, thus avoiding any future objections.
- Correct Class & Protection Strategy - Our expert team of trademark professionals will assist you in selecting the correct trademark classification, as well as provide recommendations for any additional classifications based on your business activities and expansion plans.
- Prompt and accurate documentation - Your application will be prepared and filed using the proper forms, and all information will adhere to registry requirements to minimize the likelihood of receiving technical objections.
- Challenge & Hearing Support - If your application is examined or scheduled for a hearing, our legal team will draft responses to the examination, prepare and file affidavits, and represent you before the Trademark Registry.
- Real-time updates - You will be provided with ongoing status updates during the registration process.
- Designed to support growing businesses - Kanakkupillai is equipped to support the needs of startups launching new brands, micro, small and medium enterprises entering new markets, and established companies enhancing their intellectual property portfolios with a structured approach that is focused on compliance and protecting the brand from day one.
Below are answers to the most common questions businesses ask before starting trademark registration in India.
Frequently Asked Questions
What is a trademark?
A trademark is a legally protected brand name, logo symbol, slogan, or brand symbol used to distinguish one business’s goods or services from another. It provides exclusive rights and prevents unauthorised use under trademark law.Why should I register my trademark?
Trademark registration grants exclusive legal rights, prevents brand misuse, and allows businesses to enforce ownership against similar or duplicate marks in the marketplace.Can I file a trademark online?
Yes, applications can be filed through the official IP India portal.How long does trademark registration take?
Typically 6-18 months depending on objections or opposition.What can be registered as a trademark?
Brand names, logos, taglines, product names, sounds, shapes, and colour combinations.What documents are required for trademark registration?
Basic documents include identity proof, address proof, logo (if applicable), and business registration details.How long is a trademark valid?
10 years from the date of registration.Can a trademark be renewed?
Yes, indefinitely every 10 years.What is the difference between ™ and ®?
™ indicates a pending application, while ® indicates a registered trademark.Is my Indian trademark valid worldwide?
No, trademark rights are territorial.Can trademark objections be resolved?
Yes, by filing a proper trademark objection reply.Is trademark registration mandatory in India?
. It is not compulsory, but registration provides statutory protection and stronger enforcement rights.Who can apply for a trademark in India?
Individuals, startups, MSMEs, proprietors, partnerships, LLPs, and companies can apply.How to find my brand name is unique?
A trademark availability search can be conducted through the official IP India database to identify similar or existing marks before filing.Can I register a logo without a name?
Yes, logos can be registered as device marks.Should I register both brand name and logo?
Yes, registering both provides stronger and broader protection.What happens if I choose the wrong class?
Your protection may be weak, or the application may face objections.Can I add another class later?
You must file a fresh application for additional classes.Can I sell or transfer my trademark?
Yes, a registered trademark can be assigned or licensed.What makes Us Different
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