Trademark registration in India

Law

Trade Marks Act 1999

Application form

TM-A

Validity

10 years, renewable

Classes

45 (34 goods, 11 services)

What can be registered as a trademark

Any sign that distinguishes your goods or services from others can be a trademark: a word, a name, a logo, a slogan, a combination of colours, a shape, a sound, or a combination of these. What cannot be registered is set out in Sections 9 and 11 of the Act:

• Descriptive words that describe the product's kind, quality or origin ("Fresh Bakery", "Best Shoes") unless they have acquired distinctiveness through use.
• Common or generic terms of the trade.
• Marks identical or similar to an earlier mark for similar goods or services, where confusion is likely.
• Marks that are deceptive, offensive, or prohibited under the Emblems and Names Act.

An invented or arbitrary word is the strongest kind of mark. If you are still choosing a name, ask us to check it before you print packaging.

Trademark search and choosing classes

Goods and services are divided into 45 classes under the Nice Classification. A clothing brand files in class 25, a restaurant in class 43, software in class 9 and software services in class 42. Filing in the wrong class leaves you unprotected; filing in too many wastes fees.

Before filing we run a search of the Registry's database for identical and phonetically similar marks in the relevant classes, and for similar logos where the mark is a device. We then give you a written view of the risk: clear, moderate (likely objection that can be answered) or high (likely conflict). A good search is the cheapest way to avoid an opposition later.

The registration process

1. Filing (TM-A): online, with the applicant details, the mark, the class and specification of goods or services, and the date of first use or "proposed to be used". You receive an application number at once.
2. Examination: an examiner checks the mark against Sections 9 and 11 and issues an examination report. Many applications receive objections.
3. Reply and hearing: a written reply to the objection must be filed within 30 days of receiving the report. If the examiner is not satisfied, a show cause hearing is fixed.
4. Publication: once accepted, the mark is advertised in the Trade Marks Journal. Anyone may file an opposition within four months.
5. Registration: if there is no opposition, or the opposition fails, the registration certificate is issued.

An unopposed application can be registered within 8 to 14 months; objections and oppositions extend this. Your rights date back to the filing date.

Why trademark applications run into trouble

Examiners object to a large share of applications, and most objections fall into a few patterns that can be anticipated before filing:

• Descriptiveness: words that describe the goods ("Pure Ghee", "Smart Accounting") are refused under Section 9. Adding a distinctive word or a distinctive logo helps.
• Similar earlier marks: the examiner cites marks that look or sound alike in the same or related classes under Section 11. A search beforehand shows these citations in advance.
• Vague specifications: a description such as "all goods in class 9" is not accepted. Goods and services must be described precisely.
• Wrong applicant: the application must be in the name of the actual owner of the brand. Filing in a director's personal name for a company's brand causes problems at the time of funding or sale.
• Claiming a false date of use: if you claim prior use, you must be able to prove it with dated invoices or advertisements.

Using the TM and ® symbols correctly

The ™ symbol tells the market that you claim the mark as yours. You can use it from the day you file, and even before filing. The ® symbol, or the word "Registered", can be used only once the mark is registered and only for the goods or services covered by the registration. Using ® on an unregistered mark is an offence under Section 107 of the Act, punishable with imprisonment up to three years or a fine.

Keep the mark in the form you registered it. Changing the logo significantly, or using the word mark in a way that makes it descriptive ("the proudlegal service"), weakens it. Where you license the brand to franchisees or distributors, record the licence and control the quality of their goods, so that the mark continues to point to you.

Protecting your brand outside India

An Indian registration protects you only in India. If you sell abroad or plan to, you can file in each country through local attorneys, or use the Madrid Protocol, under which one international application based on your Indian application or registration can designate over 130 member countries. Each designated country examines the mark under its own law. Timing matters: under the Paris Convention you can claim your Indian filing date in other member countries if you file there within six months.

Trademark registration fees

Official fees for e-filing are ₹4,500 per class for individuals, startups recognised by DPIIT and registered small enterprises, and ₹9,000 per class for other applicants. Physical filing costs more. Professional fees for the search, filing and routine follow-up are quoted separately and in writing; objection replies, hearings and oppositions are quoted as they arise.

After registration

Use the mark consistently and as registered. Renew it every ten years; the Registry allows renewal in the six months before expiry, and late renewal with a surcharge for six months after. A mark not used for five years can be removed on an application by a third party, so keep evidence of use. If you sell the brand, record the assignment. If someone copies it, a registered mark lets you sue for infringement without proving reputation.

Documents you need

The documents depend on who is applying:

• Applicant name, address and nationality (individual) or certificate of incorporation (company or LLP)
• The mark: word, or logo in JPG format
• Description of goods or services and the date of first use, if already in use
• Udyam certificate or DPIIT recognition, to claim the lower fee
• Signed Form TM-48 (authorisation of agent)
• Evidence of use, such as invoices or advertisements, if you claim prior use

How we handle it for you

1. Brand and class review

   We understand your products and future plans and pick the classes that matter.

2. Detailed search

   Word, phonetic and logo search with a written risk opinion.

3. Filing

   TM-A filed the same day you approve, with the application number shared at once.

4. Objections and hearings

   Replies drafted with case law and evidence of use, and hearings attended by video.

5. Registration and watch

   Certificate delivered, renewal date diarised, and optional monitoring of the Journal for copycats.

Why clients choose ProudLegal

Frequently asked questions