Trademark Registration

Trademark registration in India is the legal process of protecting your brand name, logo and business identity. Our expert team provides complete online trademark filing support across all states and cities in India.

Trademark registration is the statutory process of securing exclusive legal rights over a brand under the Trade Marks Act, 1999.

Trademark Registration in India Protects

Brand name or business name

Logo or device mark

Tagline or slogan

Product label or packaging

Trademark registration in India registration grants nationwide protection and legal ownership.

Trademark Benefits

Registering a trademark offers multiple commercial and legal advantages:

Exclusive rights to use the brand across India

Legal protection against misuse and imitation

Increased brand credibility and customer trust

Asset creation for licensing, franchising, or sale

Strong enforcement rights in case of disputes

Why Trademark Registration in India Is Necessary?

Trademark registration in india is essential to avoid future risks and losses.

Without registration:

Brand can be copied legally

Legal remedies are limited

Rebranding may become mandatory

Business goodwill may be diluted

Registration ensures long-term brand security and continuity.

What Can Be Trademarked?

Trademark protection can be obtained for the following brand elements:

Business or brand names

Logos, symbols, and designs

Advertising slogans or taglines

Product labels, packaging, and trade dress

Sounds or shapes (subject to eligibility and distinctiveness)

Types of Trademark

Depending on the nature of the brand, trademarks are classified as:

Word Mark → Protects the brand name in text form

Device Mark → Protects logos and visual elements

Collective Mark → Used by associations or groups

Certification Mark → Indicates quality, origin, or standard

Each type serves a specific legal purpose.

Symbols Used in Trademark

Different symbols indicate trademark status:

(TM) Symbol : The (™) symbol is used when a trademark application is filed but not yet registered. It tells the public that the owner is claiming rights over the brand name or logo.This claim is not final until the trademark is officially registered, but it helps warn others not to copy or misuse the brand.

(SM) Symbol : The (℠) symbol is used for services, not physical products. It shows that a name, logo, or tagline represents a service provider and helps customers identify who is offering the service.In simple terms, SM is like a trademark, but for services instead of goods.

(R) Symbol : The (®) symbol can be used only after the trademark is officially registered and the Registration Certificate is issued by the Trademark Registrar.It shows that the trademark is legally protected. Among all trademark symbols, the TM symbol is the most commonly used, especially while a trademark application is pending or under process.

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Trademark Classes (Brief Overview)

Trademark registration follows the Nice Classification system.

Class 1–34 : Goods

Class 35–45 : Services

Correct class selection is critical for valid protection.

Trademark Statutory Fees (Government Fees)

Trademark statutory fees are prescribed by the Government of India and are payable to the Trademark Registry on a per application, per class basis.

Standard Government Fee Structure

₹4,500 Per Application

✔ Individuals
✔ Startups (DPIIT Recognised)
✔ MSMEs (Registered)

₹9,000 Per Application

✔ Private Limited Companies
✔ Public Limited Companies
✔ Limited Liability Partnership (LLP)
✔ Partnership Firms
✔ Trusts & Societies

Exemptions and Concessional Benefits

Startups and MSMEs are eligible for 50% reduced government fees upon submission of valid recognition certificates.

Trademark Registration Process In Short

Trademark registration in india process is a structured legal procedure governed by the Trademark Registry to ensure compliance and brand distinctiveness.

Key Stages of Trademark Registration

Trademark Search : A preliminary search is conducted to evaluate availability and minimize future objections or conflicts.
Application Filing : The trademark application is filed with correct applicant details, class selection, and brand representation.
Examination by Trademark Registry : The Registry examines the application for statutory compliance and may issue an examination report.
Journal Publication : Upon acceptance, the trademark is published in the Trademark Journal for public review.
Opposition Stage (If Any) : Any third party may file an opposition within the prescribed statutory period. The applicant must respond and defend the application through legal proceedings.
Registration Certificate Issuance : If no opposition is filed, or if the opposition is successfully resolved, the Registration Certificate is issued granting statutory protection.

Trademark Renewal

A registered trademark is valid for 10 years from the filing date.

Renewal details:

Renewable every 10 years indefinitely
Renewal ensures continued legal protection

If renewal is not done:

Trademark may be removed from the register
Exclusive rights may be lost
Third parties may claim similar marks

Trademark Opposition

Trademark opposition is a formal legal objection filed by a third party against a trademark application after its publication in the Trademark Journal.

Key Stages of Trademark Opposition

Notice of Opposition : Filed by an opposing party within the statutory period after publication, stating the legal grounds for objection.
Counter Statement : The applicant must file a counter statement within the prescribed time to defend the application.
Evidence Stage : Both parties submit supporting evidence in the form of affidavits and documents.
Hearing : A formal hearing is conducted before the Trademark Registry to present arguments.
Decision : The Registrar either allows or rejects the trademark application based on merits.

Important Points

Opposition must be filed within the statutory opposition period

A timely legal response supported by evidence is mandatory

Failure to respond may result in abandonment or rejection of the application

Trademark Rectification

Trademark rectification is a legal procedure to correct, amend, or remove an entry from the Trademark Register to ensure accuracy and statutory compliance.

Trademark Rectification Process (Short)

Filing of Rectification Application : An application is filed before the Trademark Registry stating the grounds for rectification with supporting details.
Notice to Opposite Party : The Trademark Registry issues notice to the registered proprietor or concerned party.
Reply / Counter Statement : The opposite party is given an opportunity to submit a response and supporting evidence.
Evidence Submission : Both parties may file affidavits and documentary evidence to support their claims.
Hearing Before Registrar : A hearing is conducted where arguments are presented by both sides.
Order by Registrar : The Registrar may allow, modify, or reject the rectification request based on merits.

Common Grounds for Rectification

Clerical or factual errors in the register

Continuous non-use of the trademark

Wrongful, fraudulent, or misleading registration

Trademark Infringement

Trademark infringement occurs when a registered trademark is used without authorization.

Legal remedies include:

Injunction to stop misuse

Monetary damages or compensation

Seizure and destruction of infringing goods

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Trademark Assignment & Transfer

Trademark assignment refers to transfer of ownership from one party to another.

Common scenarios:

Sale of brand

Business merger or acquisition

Internal restructuring

Assignment must be legally recorded to remain enforceable.

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