Trademark Registration Online in India

A trademark can be a brand name, logo, slogan, sound, shape, or another distinctive sign that identifies the source of goods or services. Different types of trademarks protect different brand elements, helping businesses distinguish their offerings from competitors.

The main types of trademarks include:

Most businesses start with a word mark to protect the name. They then add a logo mark once the design is final. Because each type protects a different element, many brands hold more than one.

The benefits of trademark registration go beyond legal protection. Along with protecting your brand, registration increases its business value and gives you greater control over how the mark is used. The main advantages are:

• Exclusive Brand Rights: A registered trademark gives the proprietor an exclusive right to use the mark in relation to the registered goods and services, subject to applicable conditions and limitations.
• Strong Legal Protection: Under Section 31 of the Trade Marks Act, 1999, registration is prima facie evidence that the mark is valid, which helps you in disputes.
• Right to Sue Infringers: You can file legal action against anyone who copies or misuses your trademark and claim remedies such as an injunction, damages, or an account of profits.
• Creates a Valuable Business Asset: A trademark adds value to your business. You can license, sell, or franchise it and strengthen your company’s valuation during funding or acquisitions.
• Build Brand Credibility: Once registered, the ® symbol can be used to indicate that the trademark is registered in India.
• Supports Business Expansion: Trademark registration makes franchising, licensing, and nationwide brand expansion easier and more secure.
• Prevents Counterfeit Imports: You can record your registered trademark with Indian Customs under the IPR (Imported Goods) Enforcement Rules, 2007, to help stop counterfeit goods from entering the market.
• Marketplace Brand Protection: A registered mark qualifies you for brand registry programs on platforms like Amazon and Flipkart, which help you report copycat listings.
• Provides Long-Term Protection: A trademark remains valid for 10 years from the date of filing. You can keep it in force by renewing it for further 10-year periods.

Note: Foreign applicants without a principal place of business in India must provide an address for service in India. They may use an authorized trademark agent or attorney to handle filings and communications with the Registry.

Under Section 27(1) of the Trade Marks Act, 1999, you cannot bring an infringement action for an unregistered trademark. However, the proprietor may still pursue a common-law passing-off action if the required elements are established.

Any individual or entity using or intending to use a brand can apply for trademark registration. The filing process is not limited to registered companies; even early-stage businesses can register their brand name or logo. Eligible applicants include:

• Individuals
• Sole proprietors
• DPIIT-recognized startups and small enterprises
• Partnership firms
• LLPs
• Private Limited and Public Limited Companies
• Hindu Undivided Families (HUFs), through the karta
• Trusts and societies
• Foreign individuals or companies

Before filing your application, check whether your proposed trademark meets these requirements:

• Distinctiveness: The mark should distinguish your goods or services from those of other businesses.
• Availability: It should not conflict with an earlier trademark for identical or similar goods or services.
• Registrability: The mark must not fall under the absolute or relative grounds for refusal under Sections 9 and 11 of the Trade Marks Act, 1999.
• Use or intended use: You must be using the mark or have a genuine intention to use it for the specified goods or services.
• Clear representation: The mark must be represented clearly in the application so the Registry can identify what you seek to register.
• No prohibited elements: The mark must comply with restrictions on protected emblems, names, flags, and other prohibited symbols, including those under the Emblems and Names (Prevention of Improper Use) Act, 1950.
• No deceptive or generic marks: A mark may be refused if it is deceptive, customary in common language or trade, or otherwise barred under applicable law.

The documents required to register a trademark depend on the applicant, mark, claimed usage, and filing category. Below is the list of documents needed for a first-time trademark registration application:

1. Trademark Application Forms

• Form TM-A for standard applications.
• Power of Attorney if filing through a Trademark Agent or Attorney using the Authorization form (TM-48).

2. Applicant Identity Documents (as requested by the filing agent or the Registry)

• For individuals: PAN card, Aadhaar card, voter ID, or passport copy.
• For companies: Certificate of Incorporation (CoI), MOA/AOA.
• For partnerships: Partnership deed and registration certificate.
• For LLPs: LLP Agreement and registration certificate.
• For trusts and societies: Trust deed or society registration certificate.

3. 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.

4. Priority Documents (if applicable)

• A priority claim statement within your Form TM-A application, stating the first filing date, convention country, and application number. You must make the claim within six months of the first foreign filing.
• Certified copy of the priority application if claiming convention priority, submittable within two months of your Indian filing if not available at the outset.
• English translation of priority trademark registration documents if in a foreign language.

5. 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.

6. Additional Supporting Materials

• Consent letter from a living person, or from the legal representative of a person who died within the last 20 years, if their name or likeness appears in the mark.
• NOC from the relevant authority for certain regulated terms.
• Supporting evidence for acquired distinctiveness claims (if applicable).
• Udyam certificate for small enterprises or DPIIT startup recognition certificate (for the concessional fee).

Keep the list of goods or services, the relevant trademark class, and the date of first use ready, as these details may be required in the application. The documents required to register a trademark vary depending on the applicant type and filing circumstances.

The trademark registration process in India is handled end-to-end through the IP India portal. Below is the step-by-step procedure applicable to all types of marks:

Step 1: Conduct a Trademark Search

• Start with a trademark search on the official IP India portal to identify identical or similar marks and assess potential conflicts.
• You can also use a free trademark search tool to check existing applications and registrations across relevant trademark classes.
• Make sure your proposed mark (name, logo, slogan) is not identical or deceptively similar to an existing trademark. Check for similar spellings and similar sounds too, not only exact matches.

Step 2: Choose the Appropriate Trademark Class

• The Registry grants protection based on trademark classes (1–34 for goods, 35–45 for services).
• Choose one or more classes depending on the nature of your business. One application can cover several classes, and the government fee is charged per class.

Step 3: File the Trademark Application (Form TM-A)

File Form TM-A either online or physically at the Trademark Registry Office, and pay the government fee for each class. 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)

Step 4: Allotment of Application Number & TM Symbol Usage

The Trade Marks Registry issues a unique application number after you file the application.

Applicants commonly use the ™ symbol to indicate that they are claiming the mark as a trademark while the application is pending. Registration is required to use the ® symbol in India.

Remember, using the ® symbol on an unregistered mark can be an offense under Section 107 of the Trade Marks Act, 1999.

Step 5: Formal Examination by Trademark Registry

The Trademark Registry examines the application and may issue an Examination Report raising objections or seeking clarification. During examination, the Registry checks:

• Legal eligibility under the Trade Marks Act, 1999
• Non-conflict with existing marks
• Descriptive or generic nature of the mark

Step 6: Respond to Trademark Examination Objection

• If the Examination Report raises objections under Section 9 or Section 11, submit a reply within one month from the date the report is communicated.
• File a Trademark Objection Reply with relevant explanations and supporting evidence. If a hearing is scheduled, attend it or appoint an authorised representative.

Step 7: Trademark Journal Publication

• If the Registrar accepts the application (either directly or after objection resolution), your trademark is published in the Trade Marks Journal.
• Under Section 21 of the Trade Marks Act, 1999, read with Rule 42(1) of the Trade Marks Rules, 2017, any person may file an opposition within four months from the date of publication or re-publication of the trademark.

Step 8: Handling Trademark Opposition (if filed)

• If a third party files a trademark opposition, you must file a counter-statement within two months of receiving the opposition notice. Under Section 21(2) of the Trade Marks Act, 1999, failure to meet this deadline results in the application being treated as abandoned.
• Both parties may submit evidence and attend hearings before the Registrar decides the opposition.
• If no opposition is filed within the prescribed period or the opposition is decided in your favour, the application may proceed to registration, subject to the applicable requirements.

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 certificate records the registered mark, proprietor, and specified goods or services.

Trademark registration is valid for 10 years from the date of registration and can be renewed for further 10-year periods. Set a reminder to renew it before expiry to maintain protection.

The overall timeline varies depending on examination, objections, hearings, opposition, and Registry processing. Trademark registration can take a year or longer. You can request expedited examination by filing Form TM-M electronically with the prescribed fee. Expedited examination is available through e-filing only; physical filing is not permitted for this request. However, expedited examination does not guarantee registration within a fixed period.

The trademark cost in India has two parts: the government fee and the professional fee. The government fee for online trademark registration is ₹4,500 per class for individuals, startups, and small enterprises and ₹9,000 per class for other applicants. Our professional service fee starts at ₹1,499, offering an affordable option for applicants seeking assistance with trademark filing. Professional fees are charged separately from government fees and may vary depending on the services required.

The table below lists the government fees for filing, expedited processing, renewal, and opposition, charged per class:

Since fees for trademark registration apply to each class, filing online in three classes costs ₹13,500 for individuals, startups, and small enterprises, and ₹27,000 for others.

You can check your trademark registration status online in two ways:

1. By application number, the unique ID assigned when you file for trademark protection.
2. By the mark’s name, by searching for it on the official IP India portal if you don’t have the number.

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

1. Go to the Trademark Application/Registration Status page on ipindiaonline.gov.in.
2. Enter your Application Number and the captcha in the provided fields.
3. Click “View” to see the current status (e.g., “Send to Vienna Codification”, “Advertised”, “Registered”, etc.).
4. Review any alerts or actions required (such as objection replies or hearings).
5. Track updates until you see the status as “Registered”.

Also watch the email address you gave at filing, because the Registry sends notices there.

What the Common Trademark Application Statuses Mean

The status page shows where your application stands in the process. The most common statuses, and what to do at each, are:

• Formalities Chk Pass: The Registry has verified the basic filing details. No action is needed.
• Marked for Exam: The application is in the queue for examination. No action is needed.
• Send to Vienna Codification: The Registry is assigning codes to the logo or design elements of the mark. No action is needed. Wait for the next update.
• Objected: The Examiner raised objections in an Examination Report. File a written reply within one month.
• Ready for Show Cause Hearing: The Examiner was not satisfied with your reply and has listed a hearing. Attend it or appoint a representative.
• Advertised: The mark is published in the Trade Marks Journal. Watch for any opposition during the opposition period.
• Opposed: A third party filed an opposition. File a counter-statement within two months of the notice.
• Registered: The mark is registered. Keep the certificate and note the renewal date.
• Abandoned or Refused: The application ended after a missed deadline, or the Registrar refused it. Check the order, because your next step depends on the reason.

Note: If your status shows “Objected,” this isn’t a rejection; it means the Examiner has raised a query that needs a written reply within one month. Your application remains active at this stage.

Trademark registration in India runs on the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. The following authorities and legal provisions shape how your application is filed, examined, and protected:

• Controller General of Patents, Designs and Trade Marks (CGPDTM): The apex authority under the Ministry of Commerce and Industry. It oversees all registrations in India through the Trade Marks Registry and acts as the Registrar of Trade Marks.
• Section 9 of the Trade Marks Act, 1999 (Absolute Grounds): Allows the Registrar to refuse marks that are generic, descriptive, customary in trade, or lacking distinctiveness. For example, calling a milk brand simply “Milk.”
• Section 11 of the Trade Marks Act, 1999 (Relative Grounds): Provides grounds for refusal where a mark conflicts with an earlier trademark or other earlier rights. This is subject to the conditions under the Act.
• Section 29 of the Trade Marks Act, 1999 (Infringement): Sets out when the use of a mark counts as infringement of a registered trademark.
• Madrid Protocol: An international system that lets eligible Indian applicants seek trademark protection in member countries through a single international application, based on a pending or registered Indian trademark. Members cover 130+ countries, and each designated country applies its own laws and examination requirements.
• Well-Known Trademarks: Section 2(1)(zg) defines a well-known trademark. Marks recognized as well-known can receive broader protection across classes. A proprietor can apply to the Registrar for determination of a trademark as well-known under Rule 124 of the Trade Marks Rules, 2017, subject to the applicable legal requirements.
• Proposed to Be Used vs. Used Marks: You can file a trademark even before launching your brand (“proposed to be used”) or after commercial use has begun (“used”). A used mark needs a first-use date and may require proof of that use.
• Trademark Dispute Resolution: Trademark appeals and rectification matters were earlier heard by the Intellectual Property Appellate Board (IPAB). They are now heard by the respective High Courts, following the Tribunals Reforms Act, 2021.

Trademarks, copyrights, and patents are three different forms of intellectual property protection, each designed to safeguard a specific type of creation or asset. The major differences between these three forms of IP protection are discussed in the table below:

Many businesses need more than one. A single brand may hold a trademark for its name and logo, copyright in its content, and a patent for a technical invention.