How to Register a Trademark in India Step by Step

A trademark is a unique sign, symbol, word, or combination used to identify and distinguish products or services of a business from its competitors. In India, trademarks help protect brand identity and build consumer trust. By registering a trademark, businesses gain exclusive rights to use the mark and prevent others from imitating or misusing it.

Whether you’re a startup, freelancer, or established company, understanding how to register a trademark is crucial for protecting your brand’s reputation and assets. Let’s explore the step-by-step process to register a trademark in India, along with its cost, types, and benefits.For a global understanding of trademarks, check out the World Intellectual Property Organization (WIPO) resources.

This Blog is a part of our Service Legal Branding and Strategy.

Why Is Trademark Registration Important?

Before diving into how to register a trademark, it’s essential to understand why trademark registration matters:

Legal Protection: It gives you the legal right to sue anyone using your brand name or logo without permission.

Brand Recognition: Trademarks differentiate your products/services from others in the market.

Intangible Asset: A trademark is a valuable intangible asset that can increase your business’s valuation.

Global Recognition: Registered trademarks in India can also be registered internationally under the Madrid Protocol.

If you’re unsure about the process, platforms like lawgig.com offer excellent assistance, helping individuals and businesses file their trademarks correctly and smoothly.

How to Register a Trademark in India

Step 1: Trademark Search

The first step in how to register a trademark is conducting a trademark search. This ensures that your proposed brand name or logo is not already registered or in use.

• • Visit the official website of the Controller General of Patents, Designs & Trademarks: https://ipindia.gov.in
  • Use the public search tool to check for similar trademarks.
  • You can also hire a trademark attorney for a comprehensive search.

Step 2: Choose the Right Trademark Class

Trademarks are divided into 45 different classes, based on the nature of goods or services.

• • Classes 1 to 34: Cover goods (e.g., clothing, cosmetics, food products).
  • Classes 35 to 45: Cover services (e.g., advertising, legal services, education).

Selecting the correct class is crucial in how to register a trademark effectively, as the protection only applies to the selected class.

Step 3: Prepare the Trademark Application

You need to provide the following information in your trademark application:

• • Name, address, and nationality of the applicant
  • Trademark (wordmark, logo, slogan, etc.)
  • Class and description of goods/services
  • Date of first use (if already in use)
  • Power of attorney (if filed through an agent)

Step 4: File the Trademark Application (Form TM-A)

You can file the trademark application online or offline.

• • Online Filing: Visit https://ipindiaonline.gov.in and submit Form TM-A.
  • Offline Filing: Submit the application physically at the Trademark Registry Offices located in major Indian cities.

After filing, you’ll receive an acknowledgment receipt and a TM number, allowing you to use the ™ symbol.

Step 5: Examination of the Trademark

The Trademark Office examines the application to ensure it complies with legal requirements and is not similar to existing marks.

• • If there are no objections, the application proceeds to publication.
  • If there are objections, an examination report is issued. You must respond within 30 days.

Step 6: Publication in the Trademark Journal

Once accepted, your trademark is published in the Trademark Journal to allow third parties to oppose it within 4 months.

• • No opposition: The trademark proceeds to registration.
  • Opposition filed: A legal hearing takes place, and the Registrar decides the outcome.

Step 7: Trademark Registration Certificate

If no opposition is raised or the opposition is resolved in your favor, the trademark is registered, and a registration certificate is issued.

You can now use the ® symbol with your brand name or logo.

Trademark Registration Cost in India

The cost of trademark registration varies depending on how you file and whether you’re an individual or a business entity. Below is a breakdown of the government fees involved:

For Individual/Startup/SME:

• • Filing Method: E-Filing
  • Cost per Class: ₹4,500

For Other Entities (Companies, Firms, etc.):

• • Filing Method: E-Filing
  • Cost per Class: ₹9,000

For All Applicants (Offline/Physical Filing):

• • Filing Method: Offline
  • Cost per Class: ₹5,000 (for Individual/Startup/SME) / ₹10,000 (for companies and firms)

Note: Additional fees may apply if you use a legal service or trademark agent.

Trademark Types You Can Register in India

India allows registration of various types of trademarks under the Trade Marks Act, 1999:

• • Word Mark: Name, letters, or numbers (e.g., “TATA”).
  • Logo or Device Mark: Design or logo (e.g., Apple’s logo).
  • Sound Mark: Distinct audio (e.g., Nokia tune).
  • Slogan: Taglines or phrases (e.g., “Just Do It”).
  • Color Mark: Unique color or combination.
  • Shape of Goods: Unique packaging shape (e.g., Coca-Cola bottle).
  • Collective Marks: Used by a group or association.
  • Certification Mark: Certifies origin, quality, or characteristics (e.g., ISI mark).

Understanding which category your trademark falls under is important in how to register a trademark correctly.

How Long Is a Trademark Valid 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 filing a renewal application and paying the prescribed fee.

Trademark renewal can be done six months before expiry. If you miss the deadline, a six-month grace period is available with a late fee. Failure to renew after this period may lead to removal from the register, though restoration is possible within one year with additional fees.

Understanding how to register a trademark in India is essential for any business or entrepreneur looking to protect their brand. From choosing the right class to filing Form TM-A and dealing with possible objections, each step plays a crucial role in securing your intellectual property.

By investing time and effort in trademark registration, you not only protect your brand but also add long-term value to your business.