How to Register a Trademark in India – Step-by-Step Guide

What if the name, logo, or slogan you’re building today suddenly belongs to someone else tomorrow? In a market where imitation is easy and competition is fierce, your brand needs not only visibility but also legal ownership. This is why the trademark registration process matters. It turns your brand from an idea into a legally protected identity. 

Trademark registration safeguards your brand, builds trust with customers, and ensures that your hard work and creativity cannot be copied or exploited. By registering your trademark, you claim exclusive rights to your brand and create a legal shield that strengthens your business for the long term. 

In this blog, we’ll break down how to register a trademark in India and guide you through the procedure for registration of trademarks in India. 

What is a Trademark in India?

A trademark is a unique symbol, logo, word, or phrase that identifies and distinguishes your goods or services. The Trade Marks Act, 1999, defines a trademark as any mark capable of distinguishing goods or services. It protects your brand identity and prevents others from using your name or logo without permission, reducing the risk of trademark infringement. 

There are various types of trademarks, including:

• A word, name, or brand
• Symbol, logo, or design
• A slogan or tag line
• A certification mark, combined mark, or other distinctive identifiers

Famous trademarks such as Apple’s “bitten-apple” logo and Nike’s “Swoosh” identify their products. These trademarks clearly signal the brand behind each product to consumers.

The registration process for trademarks in India follows guidelines set by organizations like NICE and WIPO.

• NICE Classification categorizes goods and services under 45 trademark classes, making it easier to identify and file the correct class.
• The World Intellectual Property Organization (WIPO) offers international trademark protection for Indian trademarks under the Madrid Protocol. This allows expansion into over 120 countries with a single application.

Essentially, a trademark serves as a powerful tool to distinguish your business in a crowded marketplace, turning your brand into a valuable and legally protected asset.

Who Can Apply for Trademark Registration?

Anyone who owns a brand, logo, or business name for goods or services can apply for trademark registration. This includes:  

• Individuals (including sole proprietors)
• Startups and MSMEs
• Partnerships, LLPs, and Companies
• Trusts, Societies, and Non-Profit Organizations
• Foreign nationals or entities 

Note: Foreign nationals or entities can register a trademark without forming a local company. They must, however, provide a local address for service, usually via a trademark agent. Also, they must submit official documents like a passport/ID proof or company incorporation certificates. 

How to Register a Trademark in India?

You can register your trademark in India to protect your brand legally. File as “proposed to be used” if your brand is not operational. File as “already in use” if your products or services are already in the market. Follow these steps to ensure your trademark is properly filed and legally protected under the trademark law.

1. Conduct a Trademark Search

Before applying, ensure your trademark is unique and available. Search the IP India trademark database to confirm that your proposed mark does not conflict with existing registered trademarks. This step helps avoid rejections and disputes.

Tip: You can also use RegisterKaro’s trademark availability search tool to check similar trademarks in your industry. This reduces the chances of objections later.

Timeline: 1 to 3 days

2. Choose the Appropriate Trademark Class

India follows the Nice Classification (NCL), dividing goods and services into 45 classes:

• Classes 1 to 34 cover goods (e.g., Cosmetics, Computers, Clothing)
• Classes 35 to 45 cover services (e.g., Education, Restaurants, Veterinary Services)

Choose the correct class for your business. If your brand operates in multiple areas, you can file for more than one class. 

Use RegisterKaro’s free trademark class search tool to identify the right class for your products.

Timeline: 1 day

3. File the Trademark Application

Submit your trademark application either online via the IP India portal or in person at a Trademark Registry Office. Filing online speeds up the trademark registration process, enhances security, and allows you to track your application. Ensure you include all essential details to prevent trademark objections. Key information and documents to submit:

• Applicant’s Details: Name, address, nationality, and business type (individual, company, or partnership)
• Trademark Representation: Clear logo, wordmark, or both
• Trademark Class: Identify the correct class based on NICE Classification
• Description of Goods/Services: Clearly describe your goods or services and identify the relevant trademark classes based on the NICE Classification.

Ensuring that you have the necessary documents required for trademark registration in order can help prevent objections.

Pay the trademark registration fees at the time of filing the Form. Individuals, MSMEs, and Startups pay ₹4,500 per class, while Companies and Partnership Firms pay ₹9,000 per class. The fee applies separately to each trademark class you choose.

Once filed, you’ll receive an acknowledgment with a TM application number, allowing you to use the ™ symbol.

Note: After submitting your application, regularly check your trademark application status online to track progress and ensure timely responses.

4. Trademark Examination by the Registrar 

The Trademark Office will examine your application for conflicts with other trademarks and legal compliance. An Examination Report will be issued:

• If accepted, the process moves to publication.
• If objected, you must respond within 30 days or attend a trademark hearing.

Timeline: 1 to 3 months

5. Publication in the Trademark Journal

If accepted, the trademark will be published in the Trademark Journal for 4 months. 

During this period, third parties can raise a trademark opposition if they believe the mark conflicts with their existing rights. If no opposition arises, the application moves forward toward registration.

Timeline: 4 months

6. Respond to Opposition (If Any)

If someone files an opposition, you must file a counterstatement within 2 months. 

• Both parties can submit evidence and attend a hearing. 
• If resolved in your favor, the registration continues.

Timeline: 2 months

7. Receive the Trademark Registration Certificate

After the opposition period ends (or if successfully defended), the trademark is officially registered. You can now use the ® symbol and receive your Trademark Registration Certificate.

The entire trademark registration process typically takes between 6 and 18 months on average.

8. Trademark Renewal

A registered trademark is valid for 10 years from the filing date. You can renew the trademark indefinitely by filing Form TM-R every 10 years.

Note: If not renewed before expiration, a surcharge applies during the 6-month grace period for late renewal.

Do you want a reliable trademark registration? RegisterKaro simplifies the trademark registration process in India, offering expert guidance at every step. With years of experience, our team ensures your trademark application is accurate, complete, and submitted without delays.  

Thousands of businesses choose RegisterKaro for accurate filings and faster turnaround, making it one of the most trusted trademark registration providers. Get in touch with us today!

What are the Benefits of Trademark Registration in India?

Trademark registration provides several advantages for businesses and individuals. These benefits go beyond legal protection and can enhance business credibility. Here’s a breakdown:

• Exclusive Legal Rights: Registering your trademark grants ownership under the Trade Marks Act, 1999. It allows legal action against infringers and prevents competitors from registering a similar mark.
• Nationwide Protection: Registered trademarks receive protection across India, unlike unregistered marks, which are only protected by common law.  
• Creation of an Intangible Asset: A registered trademark becomes an asset for your business. It can be sold, licensed, or franchised, adding measurable value to your business and increasing its goodwill.
• Enhanced Business Valuation: Registered trademarks boost your company’s credibility with investors and increase business valuation during mergers and acquisitions or funding rounds.
• Deterrence Against Copycats: Trademark registration makes your mark publicly searchable in the IP India database, discouraging competitors from using similar marks.
• Customs Protection Against Counterfeits: Trademark registration allows you to record your mark with Indian Customs, enabling authorities to seize counterfeit goods.

Securing your trademark strengthens your brand, protects it legally, and enhances long-term business growth. 

Need help with trademark registration in India? Contact RegisterKaro for expert guidance and seamless trademark registration services. Let us help you protect your brand and secure your trademark under Indian Trademark law today!

Key Takeaways

Trademark registration in India gives you exclusive legal rights and nationwide protection. It creates an intangible asset for your business, boosting credibility and increasing valuation. A registered trademark deters competitors from copying your brand. It supports your international expansion and protects your brand against counterfeit goods through customs. Registering your trademark strengthens your brand and ensures long-term business growth.

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