Trademark Registration Online in India

Trademark registration in India is governed by the Trade Marks Act, 1999. It allows individuals and businesses to legally protect their brand names, logos, and unique identifiers used for goods or services. Once registered, the trademark owner gets exclusive rights to use the mark across India and can take legal action against infringement.

Trademark registration is often referred to as brand registration, brand name registration, or logo registration, depending on what is being protected. It not only helps you safeguard your business or product name but also protects your logo, tagline, and other visual elements.

This ensures that no one else can use your brand identity without permission, giving you exclusive rights over your intellectual property.

According to the World Intellectual Property Organisation (WIPO), India has over 3.2 million active trademarks, making the nation the 2nd largest holder of active trademarks. This sharp rise shows that more and more businesses in India are recognizing the importance of protecting their brand identity in today’s competitive and expanding economy.

What is a Trademark?

A trademark is a unique sign, word, symbol, logo, design, sound, or color combination that distinguishes one business’s goods or services from others. It helps consumers identify the source of products or services and builds brand trust over time.

Examples of trademarks include:

• Brand names
• Business names
• Logos and symbols
• Slogans and taglines
• Sounds or jingles
• Product packaging shapes

Registering a trademark offers several legal and commercial advantages to enhance brand protection and overall business value:

1. Exclusive Brand Ownership

Secures legal monopoly over your brand identity in the marketplace.

• Grants exclusive ownership rights over your brand.
• Prevents competitors from using identical or deceptively similar marks.

2. Legal Protection Framework

Registration creates a solid legal foundation for defending your brand.

• Protects against unauthorized use or imitation under the Trademarks Act, 1999.
• Creates a legal presumption of ownership, reducing the burden of proof in disputes.

3. Right to Action Against Infringement

Enables effective legal recourse against unauthorized brand usage.

• Grants the right to sue for trademark infringement with stronger remedies.
• Allows for seeking injunctions, damages, and accounts of profits from infringers.

4. Business Asset Creation

Transforms intangible brand equity into quantifiable business assets.

• Creates a valuable intellectual property asset that appears on company balance sheets.
• Enhances company valuation during mergers, acquisitions, or fundraising.

5. Consumer Trust Building

Registration helps establish authenticity and reliability in the market.

• Allows use of the ® symbol, signaling official protection to consumers.
• Builds brand credibility and customer trust.

6. Franchising Opportunities

Enables structured business expansion through legitimate brand licensing.

• Helps in business expansion and franchising.
• Provides security when allowing others to use your brand under license.

7. Customs Protection Access

Registered marks can be recorded with customs authorities for border protection.

• Allows recording with Indian customs to prevent the importation of counterfeit goods.
• Creates an additional enforcement mechanism at international borders.

8. Perpetual Protection Possibility

Creates potentially unlimited protection through proper maintenance.

• Initially valid for 10 years but renewable indefinitely with timely renewals.
• Enables building a multi-generational brand legacy with proper maintenance.

The benefits of trademark registration go beyond protection; it strengthens your brand’s long-term growth.

Any individual or entity using or intending to use a brand can apply for trademark registration in India. Trademark registration is not limited to registered companies; even early-stage businesses can register their brand name or logo.

Eligible applicants include:

• Individuals
• Sole proprietors
• Startups and MSMEs
• Partnership firms
• LLPs
• Private Limited and Public Limited Companies
• Trusts and societies
• Foreign individuals or companies

You don’t need to wait until your business grows; early registration prevents future disputes and brand loss.

Eligibility Checklist to Register a Trademark

Eligibility for trademark registration depends on several critical factors. These determine if a mark qualifies for legal protection under Indian trademark law.

• The trademark must be unique and distinctive
• It should not be identical or similar to an existing trademark
• It should not be generic, deceptive, or offensive
• The applicant must intend to use the trademark
• The mark must comply with trademark registration guidelines
• The mark must be capable of being represented graphically in a clear, precise manner.
• It should not contain prohibited elements like national emblems, flags, or symbols under the Emblems and Names Act.

Meeting these requirements is essential for successful trademark registration and ensuring your mark receives proper legal protection in the marketplace.

To register for a trademark, you need:

• A unique brand name or logo
• Correct trademark class selection
• Supporting documents
• Accurate applicant details
• Trademark registration search clearance

Meeting these conditions for registration of a trademark ensures smooth approval.

Trademark registration online is done through the official trademark registration website of the Government of India.

Step 1: Conduct a Trademark Search

• Start with a thorough trademark search on the IP India website (ipindia.gov.in) or use RegisterKaro's free trademark search tool.
• Ensure your proposed mark (name, logo, slogan) is unique and not identical or deceptively similar to existing trademarks.

Searching reduces the risk of rejection or opposition later in the process.

Step 2: Choose the Appropriate Trademark Class

• Trademark protection is granted based on classes; there are 45 different trademark classes (Classes 1–34 for goods, 35–45 for services).
• Choose one or more classes depending on the nature of your business.
• Incorrect class selection can lead to legal gaps or rejection of your application.

Step 3: Prepare the Trademark Application

• File Form TM-A either online or physically at the Trademark Registry Office.
• Key details to be included:
  • Applicant name and address
  • Type of mark (wordmark, logo, sound mark, etc.)
  • Description of goods/services
  • Trademark class
  • Date of first use (if applicable)

Attach a clear image of the logo/symbol (if applicable) and a power of attorney if filing through an agent.

Step 4: Allotment of Application Number & TM Symbol Usage

• Once submitted, you will receive an application number.
• You can now legally use the ™ (TM) symbol, indicating your mark is under application.
• The application can be tracked online.

Step 5: Formal Examination by Trademark Registry

• The Trademark Examiner reviews your application to verify:
  • Legal eligibility under the Trademarks Act
  • Non-conflict with existing marks
  • Descriptive or generic nature of the mark
• The Examiner then issues an Examination Report.

Step 6: Respond to Trademark Objection (if any)

• If your application is objected to under Section 9 (absolute grounds) or Section 11 (relative grounds), you’ll receive a notice.
• You must file a Trademark Objection Reply within 30 days with proper legal reasoning, evidence of use, and clarifications.
• If needed, your representative may be called for a Show Cause Hearing.

Step 7: Trademark Journal Publication

• If accepted by the Registrar (either directly or after objection resolution), your trademark is published in the Trademark Journal.
• The mark remains in the journal for 4 months to allow for public scrutiny and opposition, if any.

This is a critical step; many applications face trademark opposition at this stage.

Step 8: Handling Trademark Opposition (if filed)

• A third party may file a notice of trademark opposition within 4 months of journal publication.
• If this happens, you must file a counter-statement within 2 months, defending your trademark.
• Both parties submit evidence and may attend hearings before the Registrar makes a decision.
• If no opposition is filed, or if you win the opposition, your mark proceeds to registration.

Step 9: Issuance of Registration Certificate

• If your application clears all stages, you’ll receive the Trademark Registration Certificate from the Trademark Registry.
• You can now legally use the ® (Registered) symbol alongside your brand name/logo.

The registration is valid for 10 years and can be renewed indefinitely every 10 years. This entire trademark registration process in India can be handled online with professional support from service providers like RegisterKaro.

Trademark registration in India follows the Nice Classification, which includes 45 trademark classes:

• Classes 1–34: Goods
• Classes 35–45: Services

You can find a detailed classification of categories different trademark classes are divided into:

Selecting the correct trademark class is critical, as protection is limited to the chosen category. Incorrect class selection can lead to rejection or weak protection. Simplify the process by trying out RegisterKaro’s Trademark Class Search tool. All you need to do is type the product or service’s name in the search bar, and you will get the accurate class category.

The documents required for trademark registration include:

Trademark Application Forms

• Form TM-A for standard applications
• Power of Attorney if filing through an agent or attorney
• Authorization form (TM-48)

Applicant Identity Documents

• For individuals: PAN card, Aadhaar card, voter ID, or passport copy
• For companies: Certificate of Incorporation, MOA/AOA
• For partnerships: Partnership deed and registration certificate
• For LLPs: LLP Agreement and registration certificate

Trademark Representation Materials

• Clear representation of the mark in JPEG format (for logos/device marks)
• Specific format requirements for sound marks, 3D marks, or other non-traditional marks
• Label specimens showing actual use of the mark on goods or in services

Priority Documents (if applicable)

• Certified copy of the priority application if claiming convention priority
• English translation of priority trademark registration documents if in a foreign language
• Form TM-P for claiming convention priority

Use-Related Documentation

• Affidavit of use if the mark is already in commercial use
• User declaration with specific dates of first use in commerce
• Evidence of use, such as invoices, advertisements, and packaging samples

Business Documentation

• Business registration documents appropriate to the entity type
• GST registration certificate
• Shop and establishment certificate (if applicable)

Additional Supporting Materials

• Consent letter from living persons if their name/likeness appears in the mark
• NOC from the relevant authority for certain regulated terms
• Supporting evidence for acquired distinctiveness claims (if applicable)
• MSME or Startup certificate (for fee benefits)

Proper documentation is crucial for a smooth trademark registration process.

Trademark registration fees vary based on the applicant type.

Trademark Registration Charges

Trademark registration costs in India involve various official trademark registration fees and professional service charges.

• Official Filing Fees: Rs. 4,500 for individuals/startups/small enterprises and Rs. 9,000 for others per class (online filing).
• Physical Filing Surcharge: Additional Rs. 1,000 if filing physical applications instead of online.
• Expedited Examination Fees: Rs. 20,000 for individuals/startups/small enterprises and Rs. 40,000 for others per class.
• Hearing Attendance Fees: Rs. 1,000- Rs. 5,000 if personal appearances are required during objections.
• Professional Service Fees: Rs. 5,000- Rs. 25,000 for trademark attorneys or consultants handling the registration process.
• Search and Consultation Fees: Rs. 2,000- Rs. 5,000 for comprehensive trademark availability searches.
• Response to Examination Report: Rs. 3,000- Rs. 10,000 for professional assistance with responding to objections.

Additional Compliance Costs

Maintaining trademark rights also involves ongoing compliance costs and potential expenses.

• Renewal Fees: Rs. 9,000 for individuals/startups/small enterprises and Rs. 18,000 for others per class every 10 years.
• Restoration Fees: Rs. 5,000 plus renewal fees if the renewal deadline is missed (within 6 months).
• Assignment Recording: Rs. 9,000 for individuals/startups/small enterprises and Rs. 18,000 for others per mark.
• Change of Name/Address: Rs. 900 for individuals/startups/small enterprises and Rs. 1,800 for others.
• Opposition Defense Costs: Rs. 15,000- Rs. 50,000 for responding to oppositions filed against your application.
• Enforcement Expenses: Legal costs starting from Rs. 50,000 for taking action against infringers.
• Recordal of Licenses: Rs. 6,000 for individuals/startups/small enterprises and Rs. 12,000 for others when licensing the mark.

The fees for trademark registration may vary based on the location and registry. It’s advised to take suggestions from professionals providing similar services for accurate filing.

Once approved, the Trademark Registry issues the trademark registration certificate, granting exclusive rights for 10 years. The trademark can be renewed indefinitely every 10 years.

It serves as proof of your exclusive rights to use the trademark in connection with your goods or services. Only after receiving the certificate can you legally use the ® symbol.

This certificate helps prevent unauthorized use or infringement by others and strengthens your brand’s identity in the market.

You can check trademark registration status online using:

• Application number (unique ID assigned when you file for trademark protection)
• Trademark registration check on the official IP India portal.

To monitor the progress of your application at each stage, follow these steps:

• Go to the Trademark Application/Registration Status page on ipindiaonline.gov.in
• Enter your Application Number in the provided field
• Click "View" to see the current status (e.g., "Send to Vienna Codification", "Advertised", "Registered", etc.)
• Review any alerts or actions required (such as objection replies or hearings)
• Track updates until you see the status as "Registered"

Want to learn more? Read our detailed guide on how to check trademark application status online in India.

Once your trademark is successfully registered, there are post-registration steps to take care of to enforce your trademark rights. They are:

Exclusive Nationwide Rights

After registration, you are legally allowed to use the ® (Registered) symbol with your trademark.

• It signals that your brand is officially protected under Indian law.
• Using the ® symbol helps deter potential infringers.
• Avoid using it before registration, as it may lead to penalties.

Monitor for Infringement

Regularly watch the market and trademark journals for possible misuse or similar trademarks.

• Keep an eye out for unauthorized use of your mark.
• Use online tools or legal services to track trademark filings and market use.
• Take prompt legal action if infringement is found, through trademark opposition, cease-and-desist notices, or litigation.

Maintain Proper Usage

Consistently use your trademark the way it was registered to keep your rights active.

• Avoid major changes in spelling, design, or representation without applying for a new trademark.
• Use the trademark in business materials—like packaging, advertising, and invoices.
• You can expand globally using international filings.

Renew the Trademark Timely

Trademark protection is valid for 10 years and must be renewed to remain in force.

• Apply for trademark renewal before expiry, or within the grace period (6 months after expiry).
• File Form TM-R for renewal with applicable government fees.
• If not renewed, the trademark may be removed from the register.

Record Trademark Licensing or Assignment

If you license your brand to someone or transfer ownership, record it officially with the Trademark Registry.

• Submit appropriate forms like TM-P (for licensing) or TM-A/TM-M (for assignments).
• This ensures legal recognition of the licensee or new owner.

Enforce Your Rights When Needed

Use legal tools to protect your trademark against infringement or misuse.

• Send legal notices to infringers.
• File for damages or injunction in civil court if required.
• Take part in proceedings like trademark rectification if others misuse or wrongly register a similar mark.

Trademark registration in India encompasses several categories, each designed to protect different aspects of intellectual property:

• Wordmark Registration: This is often what businesses seek when looking for brand name registration. It protects company names, product names, slogans, and other textual identifiers.

Example: A clothing company registers its brand name "EcoStyle" to protect its unique identity in the fashion market.

• Logo Mark Registration: Commonly understood as logo registration or device mark registration, this category protects graphic symbols, designs, or visual elements that represent your brand.

Example: A technology startup registers its distinctive emblem that appears on all its products and marketing materials.

• Sound Mark Registration: For distinctive sounds or jingles associated with brands.

Example: A telecommunications company registers its unique ringtone that plays in all its advertisements.

• Shape Mark Registration: For three-dimensional shapes of products or packaging.

Example: A beverage company registers the distinctive contoured shape of its bottles.

• Color Mark Registration: For specific colors or color combinations uniquely associated with a brand.

Example: A shipping company registering its distinctive purple color used consistently across its fleet and branding materials.

• Collective Mark Registration: For marks used by members of an association or collective group.

Example: An association of organic farmers registering a mark that certifies products from its members meet specific organic standards.

• Certification Mark Registration: For marks indicating that products or services comply with specific standards.

Example: An organization registering a mark that certifies electronic devices meet certain safety and quality standards.

Difference between TM, ®, and © Symbols

Trademarks are identified with symbols like  TM, ®, and ©. These symbols mean the following:

Trademarks, copyrights, and patents are three different forms of intellectual property protection, each designed to safeguard a specific type of creation or asset. Understanding the difference helps businesses and creators choose the right form of legal protection.

Each serves a different intellectual property purpose.