Your brand name, logo, or tagline is one of your most valuable business assets. Registering it as a trademark gives you exclusive rights to use it and the power to stop others from copying it.
What Can Be Registered as a Trademark?
- Brand names and business names
- Logos and design marks
- Taglines and slogans
- Sounds (jingles)
- Colours (in rare cases)
- Product shapes (if distinctive)
Who Governs Trademark Registration?
Trademarks in India are registered under the Trade Marks Act, 1999. The Trade Marks Registry (under the Department for Promotion of Industry and Internal Trade) processes applications. Offices are in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad.
The Registration Process
Step 1 – Trademark Search
Before applying, search the Trademark Registry’s online database (ipindiaonline.gov.in) to check if a similar mark is already registered for similar goods or services. This step is critical — applying for a mark that conflicts with an existing one wastes time and money.
Step 2 – Choose the Right Class
Goods and services are divided into 45 classes. You must apply in the correct class. A trademark in Class 25 (clothing) does not protect you in Class 35 (retail services). An advocate can help identify which classes apply to your business.
Step 3 – File the Application
File Form TM-A online at ipindiaonline.gov.in. The government fee is Rs. 4,500 per class for individuals and startups. Companies pay Rs. 9,000 per class.
Step 4 – Examination
The Registry examines your application and may raise objections. You must respond to objections (usually within 1 month) with legal arguments and evidence.
Step 5 – Publication
If accepted, the mark is published in the Trade Marks Journal for 4 months. Third parties can oppose registration during this period.
Step 6 – Registration
If no opposition is filed (or opposition is decided in your favour), the mark is registered and a certificate is issued. Registration is valid for 10 years and can be renewed indefinitely.
TM vs ® Symbol
You can use the ™ symbol as soon as you apply. You can only use the ® symbol after the mark is officially registered. Using ® before registration is an offence.
Why Register?
Without registration, you can still claim common law rights if you have been using the mark for a long time. But registration gives you clear legal proof of ownership and makes it much easier to take infringement action.