In shortTrademarks in India are protected under the Trade Marks Act, 1999 by filing with the Trade Marks Registry, and a registration lasts ten years and can be renewed indefinitely. Applications are examined, may face objections, are advertised in the Trade Marks Journal and can be opposed within four months. Copyright under the Copyright Act, 1957 arises automatically when a work is created, but registration gives strong evidence of ownership. Infringement can be stopped by notice, injunction suits and, in some cases, criminal complaints.
What this practice area covers
- Getting protection: trademark search and filing in the right classes, and copyright registration for literary, artistic, software, music and film works.
- Getting through the Registry: replies to examination reports, show cause hearings, and filing or defending oppositions.
- Keeping it: renewals, restoration and recording changes in ownership.
- Using it commercially: assignments and licences of trademarks and copyright.
- Enforcing it: cease and desist notices, rectification of conflicting marks, and infringement and passing off suits.
How a trademark application typically runs
The process starts with a search of the Registry records for identical and similar marks in related classes. The application is then filed online, stating the goods or services, the classes under the Nice classification and the date of first use (or that the mark is proposed to be used). From filing, you may use the TM symbol.
The Registry issues an examination report. If it raises objections, usually under Section 9 (the mark is descriptive or not distinctive) or Section 11 (it conflicts with earlier marks), a reply must be filed within one month, and a hearing may follow. Once accepted, the mark is advertised in the Trade Marks Journal, and any person can file an opposition within four months. If there is no opposition, or the opposition fails, the mark is registered and the R symbol can be used.
Copyright registration is simpler: an application with copies of the work is filed, a waiting period allows objections, and the Registrar then examines and registers the work.
Timelines and costs in general terms
An unopposed trademark that faces no objection can be registered within several months, while objections and oppositions can extend the process by a year or more. Your rights date back to the filing date, so filing early matters more than waiting for registration.
Government fees are charged per class. As on date, the e-filing fee for a trademark application is lower for individuals, startups and small enterprises than for other applicants, and separate fees apply to oppositions, renewals and other forms. Professional fees depend on the number of classes and on whether objections or oppositions arise. We quote both in writing before filing.
Protecting your brand from the start
The most common and costly mistake is building a brand for years without filing, only to find that someone else has applied first or holds a similar earlier mark. A search before you print packaging or launch a website, and a filing in every class you actually use or plan to use, prevent most disputes. Where you hire a designer or developer, a written assignment of copyright ensures the business, not the creator, owns the logo or code.
Keep evidence of use from the start: dated invoices, packaging, advertisements, website archives and social media posts showing the mark. If a dispute arises, the earliest proven use often decides who has the better right, and this evidence is also needed to support claims of prior use in objections and oppositions. When you sell or license the brand, record the assignment or licence with the Registry so the records match the commercial position.
Which service do you need?
All trademark, copyright & IP services
Please note: this page explains the law and procedure in general terms as on 30 October 2026. Fees, limits and timelines change, and the facts of each case matter, so take advice on your own papers before acting.
Frequently asked questions
Can I use my brand before the trademark is registered?
Yes. You can use the TM symbol from the date of filing, and the R symbol only after registration. Prior use also gives you rights under passing off law.
Can I register a trademark as an individual?
Yes. Individuals, partnerships, LLPs, companies and trusts can all apply, and individuals and small enterprises pay a lower official fee.
How long does a trademark registration last?
Ten years from the date of application, renewable for further periods of ten years each.
Is copyright registration compulsory?
No. Copyright exists from creation, but registration provides prima facie evidence of ownership, which helps in disputes.
Can a logo be protected by both trademark and copyright?
Yes. A logo can be registered as a trademark for the goods or services it identifies and as an artistic work under copyright law.
What can I do if someone copies my brand online?
Start with a cease and desist notice and takedown requests to the platform. If copying continues, an injunction suit can be filed, and courts can grant urgent interim orders.
