Trademark Registration in India

trademark is a word, phrase, symbol, device, or combination used by a company for brand recognition and to distinguish its products and services from competitors in the market. It is a type of intellectual property in India.

Trademark registration is a legal process that grants the owner exclusive rights and legal protection to use a specific trademark for a period of ten years in connection with particular goods or services.

Individuals, proprietorship firms, limited liability partnerships, foreign companies, societies, private limited companies, and trusts can register their trademarks and brand names to protect the brand identity. Legal online provides expert assistance for online trademark registration and brand registration in India to simplify the filing process.

Trademark Act

Trademark rights in India are statutorily protected by the Trademark Act, 1999. It provides a legal framework for registering and protecting trademarks, preventing fraudulent use and promoting consumer awareness. The Act addresses trademark registration, infringement penalties, remedies, and transfer methods. The Controller General of Patents, Designs, and Trademarks oversees the administration of trademark protection.

Trademark Registration for Long-Term Brand Security

Trademark registration in India protects your brand identity, including names, logos, symbols, and designs, by giving you exclusive legal rights to prevent unauthorized use or copying. It ensures your business remains distinct and recognizable while providing long-term legal protection for your intellectual property.

Trademark Registration is a process that protects distinctive names, symbols, logos, phrases, and other identifiers associated with goods or services. The primary purpose of trademark registration is to prevent others from using similar marks that could lead to confusion among consumers and dilution of the original mark's distinctiveness.

Eligibility Criteria for Trademark Registration

The person or entity listed as the applicant in the registration form will be considered a trademark owner. The following entities can apply for trademark registration online:

  • Individuals
  • Joint owners of a company
  • Proprietorship firms
  • Partnership firms (with a maximum of ten partners)
  • Limited Liability Partnerships (LLPs)
  • Indian companies
  • Foreign companies

Trademark Vs Copyright Vs Patent

Intellectual property (IP) laws are designed to protect creations of the mind. Below is a comparison of the three main types of IP protections—Trademark, Copyright, and Patent—highlighting their key features.

Trademark Vs Copyright Vs Patent

Intellectual property (IP) laws are designed to protect creations of the mind. Below is a comparison of the three main types of IP protections—Trademark, Copyright, and Patent—highlighting their key features.

Category Trademark Copyright Patent
Protection Protects brand names, logos, and slogans. Protects creative works of authorship. Protects new inventions or discoveries.
Duration Renewable indefinitely. Valid for the author's life + a set period. Typically 20 years from filing.
Application Approved by the USPTO. Approved by the U.S. Copyright Office. Approved by the USPTO.
Requirements Must be unique and distinctive. Must be original and fixed in a medium. Must be novel and non-obvious.
Enforcement Enforced through legal action. Enforced through legal action. Enforced through legal action.
Example Nike's Swoosh logo. ‘To Kill a Mockingbird’ by Harper Lee. Alexander Graham Bell's first telephone patent.

Types of Trademarks in India

Product Mark

Identifies and distinguishes goods rather than services. This includes brand names, logos, or symbols.

Service Mark

These marks outline services provided by a company. Brand names or logos identifying a service are called service marks.

Certification Mark

This indicates that a product or service meets specific standards.

Collective Mark

Used by a group or association to identify goods and services from its members.

Shape Mark

Protects the distinctive shape of a product or its packaging.

Pattern Mark

Protects distinctive patterns or designs used on products or packaging.

Symbol Mark

Protects unique visual symbols identifying a product or service.

Choosing the Correct Trademark Class

Selecting the correct class for your trademark is crucial. India’s trademark system categorizes marks into Trademark Classes 1–34 for goods and Classes 35–45 for services, ensuring your trademark and Trade Name Registration cover the appropriate products and services. You can choose Class 25, Class 41, Class 9, Class 35, or any other class based on your specific goods or services. In India, commonly selected Trademark classes include:

Class 9

Includes computer software and electronics

Class 25

Covers clothing

Class 35

Relates to business management and advertising

Class 41

Pertains to education and entertainment

How To Register a Trademark Online In India

Online trademark registration is a complex process and might result in trademark rejection if not filed properly. Zyvalegal trademark registration services simplify the process with expert assistance and offer complete support in case of trademark objections and rejections. Here is a detailed step-by-step process to register a trademark:

01

Trademark Search

The first step in registering a trademark is conducting a comprehensive Trademark Search to ensure your desired mark is unique and not already registered. Our team will assist in choosing the correct trademark class based on the nature of your goods or services.

02

Vienna Codification Check

Your trademark must undergo a Vienna Classification check if it includes visual elements or logos. This classification system categorizes figurative elements to facilitate trademark searches, ensuring a smooth registration process.

03

Filing the Trademark Application

Our experienced IP lawyers will file the Trademark registration application using Form TM-A with the Trademark Registrar's office. We ensure the application meets all legal and procedural requirements to avoid unnecessary delays.

04

Formality Check Pass/Fail

Once submitted, the Trademark Registrar conducts a formality check. If all the required details are correctly provided, the application passes this stage. In case of any errors, necessary corrections must be made before proceeding.

05

Trademark Examination

A trademark officer at the Trademark Registrar's Office reviews the application to ensure compliance with legal standards. If there are objections, our experts will analyze the trademark examination report and guide you in preparing a proper response.

06

Trademark Hearings (If Required)

If objections persist, the applicant may need to attend multiple hearings before the Trademark Registrar to justify the trademark’s eligibility for registration. Our legal team will assist in preparing for these hearings.

07

Publication in Trademark Journal

Once approved, the Trademark Registrar publishes the trademark details in the Trademark Journal for public review. The trademark moves to the final registration stage if no opposition is filed within four months.

08

Trademark Opposition Proceedings (If Any)

Legal proceedings will be initiated if a third party opposes the trademark within the stipulated period. Our team will assist in responding to and resolving trademark opposition matters effectively.

09

Issuance of Trademark Registration Certificate

Upon completing all stages, the Trademark Registrar issues the Trademark Registration Certificate. The registered trademark is valid for 10 years and can be renewed indefinitely.

Trademark Registration Fees

Trademark registration fees in India vary based on the trademark type and services needed. Here’s a breakdown of the key factors:

Trademark Registration

  • Traditional Method for filing your ™ application. Perfect for a standard approach
  • Trademark filing starts from 999 + Government Fees, The package includes initial consultation, documentation preparation, and submission.
  • Opt for a 30-minute consultation with a TM expert, thorough trademark search, and TM class search. Your application will be filed in 3 days. Start using the TM symbol in 3–5 days.

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A trademark is a unique mark, logo, name, or symbol that distinguishes a brand's products or services from those of others. It protects your brand by preventing others from using or imitating your logo without permission.

Trademarks are classified into several types, including Word Marks, Device Marks (logos), Collective Marks, Certification Marks, Shape Marks, Sound Marks, and Color Marks.

Logo trademark registration safeguards a brand’s visual identity. While similar to word mark registration, it specifically requires submitting a high-resolution image of the logo.

To apply for a trademark, you need to submit Form TM-A along with the applicant’s details, the brand name or logo, and relevant business information. If the trademark is already in use, supporting evidence must be provided. Additionally, if an agent is filing the application on your behalf, a power of attorney is required.

In India, trademark registration is available to individuals, companies, partnership firms, LLPs, trusts, Hindu Undivided Families (HUFs), and foreign entities—so long as they have a genuine intention to use the trademark for goods or services within the country.

Trademark classification is based on the Nice Classification (NCL), which organizes goods and services into 45 distinct classes. You must identify the class that best represents the nature of your goods or services.

Trademark registration begins with a search to ensure the mark is unique. Next, Form TM-A is filed and reviewed by the Trademark Office. If accepted, the mark is published in the Trademark Journal, inviting opposition within 4 months. If no objections are raised, the trademark is registered and a certificate is issued.

To register a trademark online, create an account on the IP India website, fill out Form TM-A, upload the required documents, and pay the applicable fees. Once submitted, you can track the application status through the official portal.