What is a Trademark and Why Register It?
A trademark is a distinctive sign such as a word, logo, symbol, or combination thereof—used to identify and differentiate the goods or services of one business from another.
Trademark Registration in India provides:
- Exclusive rights to use the mark within India
- Legal protection against unauthorized use or infringement
- Enhanced brand recognition, trust, and market value
- Enforceability through legal action in case of misuse
In India, trademarks are registered under the Trade Marks Act, 1999, and the process is overseen by the Controller General of Patents, Designs & Trade Marks. A registered trademark is valid for 10 years and can be renewed indefinitely.
Top Benefits of Trademark Registration in India
Exclusive usage rights
Gives the owner exclusive rights to use the trademark for their products or services.
Legal protection
Enables the owner to take legal action against infringement, counterfeiting, or misuse of the brand.
Nationwide coverage
Ensures protection across India, regardless of the geographical scope of your business operations.
Brand recognition
Helps customers easily identify your brand, building trust and loyalty.
Valuable Intangible Asset
A registered trademark is an intellectual property asset that can be sold, assigned, franchised, or licensed for commercial gain.
Offers protection across India (or the registered region), not just where you operate.
Use of ® symbol
You can legally use the ® symbol, showing that your brand is officially registered.
Business expansion
Makes it easier to expand nationally or globally by securing your brand identity.
Better market value
Enhances the reputation and credibility of your business in the market.
Helps in online platforms
Useful for domain name disputes and securing your brand on e-commerce platforms.
Valid proof of ownership
Acts as solid proof of ownership in legal disputes or while raising investments.
Documents Required for Trademark Registration
For Individuals / Sole Proprietors:
- Applicant’s Identity Proof (Aadhaar Card, PAN Card, or Passport)
- Address Proof (Utility bill, Driving License, etc.)
- Trademark/Logo/Wordmark to be registered
- Signed TM-A Form
- Signed Power of Attorney (Form TM-48)
For Partnership Firms / LLPs:
- Partnership Deed / LLP Agreement
- Identity Proof of Partners
- Address Proof of Business
- Trademark/Logo/Wordmark
- Signed TM-A Form
- Signed Power of Attorney (Form TM-48)
For Companies (Private Limited / Public Limited):
- Certificate of Incorporation
- Company PAN Card
- Address Proof of Company
- Board Resolution authorizing trademark filing
- Trademark/Logo/Wordmark
- Signed TM-A Form
- Signed Power of Attorney (Form TM-48)
Additional (For all applicants):
- User Affidavit (if the brand is already in use)
- MSME /Udyam or Startup India certificate (for availing government fee concession)
Pro Tip: Ensure all documents are clear, valid, and signed by the authorized person to avoid objections or delays in the trademark registration process.
What can be registered as a trademark?
A trademark is a unique symbol, word, phrase, or design that helps consumers identify and distinguish the source of particular products or services. It helps consumers identify the source and maintain brand recall. The following can be registered as a trademark:
Types of Registrable Trademarks:
- Words / Names: Brand names, personal names, initials or invented names(e.g., TATA, AMUL)
- Logos / Symbols: Unique graphic designs or symbols representing a brand
- Taglines / Slogans: Memorable taglines or slogans linked to your brand identity (e.g., iconic phrases like “Just Do It”)
- Alphabets / Numbers: Single letters or number combinations that have distinctiveness (e.g., 5G)
- Shapes of Goods: Distinctive product shapes or packaging that indicate brand origin (e.g., the Coca-Cola bottle)
- Colours or Combinations: Unique colour schemes or patterns that are uniquely associated with brand
- Sounds / Jingles: Audio tunes/audible marks that represent your business (e.g., Nokia tune)
- 3D Marks: Non-conventional marks in three-dimensional form, such as unique containers or designs.
- Packaging Designs/Trade dress: The overall look and feel of a product’s packaging, which creates a unique visual impression.
Note: Generic words, common symbols, or deceptive marks cannot be registered.
Who Can Apply for Trademark Registration?
Trademark registration is open to any person or legal entity who wants to protect their brand.
Individual / Sole Proprietor
Any individual using or intending to use a unique mark for goods or services can apply, even without a registered business.
Partnership Firm / LLP
Both registered and unregistered firms or Limited Liability Partnerships can file in the names of all active partners.
Private Limited & Public Limited Companies
Registered companies can apply under the company’s name, securing brand protection for their business identity.
Trust or Society
Registered charitable organizations, societies, and trusts can protect their emblems, project names, and initiatives through trademark registration.
Startups & MSMEs
Recognized startups and small businesses are also eligible and may get fee concessions.
Foreign Nationals or Companies
Foreign entities, including international companies and individuals, are permitted to apply for trademark registration in India
Joint Applicants
Two or more parties jointly owning a brand or trademark can file a collective application.
Trademark Renewal
- Renewal Window: A trademark can be renewed within 6 months before or up to 6 months after the expiry date.
- Late Renewal: If not renewed on time, the trademark is liable to be removed from the Register by the Trademark Registry.
- Restoration: A lapsed trademark can still be restored within 1 year from the date of expiration by filing a restoration application along with the late renewal fee.
Trademark Registration Process (India)
Trademark Search
Conduct a comprehensive trademark availability search through the official IP India portal to ensure your brand name/logo is unique and not already registered. This helps avoid future objections or legal conflicts.
Choose the Correct Class
Identify the correct trademark class(es) under the Nice Classification system (1–45 classes). Classes 1 through 34 cover goods, while classes 35 through 45 are assigned to services. Choosing the appropriate class is essential to define the extent of trademark protection.
Application Filing (Form TM-A)
Submit the application with all required documents and trademark details to the Trademark Registry.
Examination by Trademark Office
The application is examined by the Trademark Office to check compliance:
- Accepted: Moves to publication.
- Objection Raised: An examination report is issued detailing the grounds.
Reply to Objection (if any)
File a reply to the objection within the stipulated time (usually 30 days). If necessary, attend a hearing before the Registrar.
Publication in Trademark Journal
After approval, the trademark is published in the Trademark Journal, initiating a four-month period during which third parties can file objections.
Opposition (if any)
If opposed, the applicant must respond. Both parties may be required to submit evidence and attend a hearing. The Registrar will decide based on merits.
Trademark Registration Certificate
If there’s no opposition (or it's resolved), the trademark gets registered, and the registration certificate is issued. You can now use the ® symbol legally.
FAQs on Trademark Registration
What is a trademark?
A trademark is a distinctive sign—such as a name, logo, symbol, slogan, or combination—used to uniquely identify and distinguish the goods or services of one entity from others in the marketplace.
Why should I register a trademark?
Trademark registration provides legal ownership, prevents unauthorized use, enhances brand recognition, and builds long-term brand equity.
Who is eligible to apply for a trademark?
Any individual, proprietorship, partnership, company, LLP, trust, society, NGO, startup, or foreign entity can apply for trademark registration in India.
How long is a trademark valid?
A registered trademark remains effective for ten years and may be renewed repeatedly in ten-year increments.
Can I register a trademark before using it?
Yes, you can file a trademark as “proposed to be used” if you plan to use it in the future.
What symbols can I use after registration?
After registration, you are authorized to use the ® (Registered) symbol
How much time does the registration process take?
It usually takes 6 to 12 months, depending on objections, oppositions, or delays.
What if someone opposes my trademark?
If opposed, you will be notified and given an opportunity to submit a counterstatement and present evidence. If resolved in your favor, the registration proceeds.
Can I register a logo and brand name together?
Yes, you can file both wordmark (brand name) and device mark (logo) together or separately.
What happens if I don’t renew my trademark?
If not renewed, your trademark will be removed from the register, but you can restore it within 1 year with additional fees.
Is trademark registration valid internationally?
No, trademark registration in India offers protection exclusively within the country. For global protection, consider filing under the Madrid Protocol or in individual countries.