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Trademark Registration in India

Trademark registration in India protects your brand identity, including names, logos, symbols, and designs, by giving you exclusive legal rights to prevent unauthorized use or copying. It ensures your business remains distinct and recognizable while providing long-term legal protection for your intellectual property.

The process begins with a trademark search to verify the uniqueness of your mark and check its eligibility for registration. Once confirmed, an application is filed with IP India, the official government body for trademarks. At Vakilsearch, we provide comprehensive assistance throughout the process, including:

Trademark Class Selection: India categorizes trademarks into 45 classes, covering goods (Classes 1–34) and services (Classes 35–45). We help you choose the right class to ensure accurate protection for your brand.
Document Handling: We handle the necessary paperwork, such as proof of business registration, identity, and address.
Filing Application: Our team ensures the application is filed correctly with all essential details.
Tracking Status: Once filed, we monitor the progress of your application in the trademark registry.

After submission, the Indian Trademark Office examines your application. If approved, the trademark is published in the Trademark Journal for public review. If no objections are raised during the specified period, you receive a registration certificate, officially securing your trademark.

Your registered trademark is protected for ten years and can be easily renewed. During the application process, you can use the TM symbol, and after registration, you can display the ® symbol, highlighting your legal ownership.

For businesses needing global protection, trademarks can be registered internationally under the Madrid Protocol, which streamlines the process for multiple countries. Vakilsearch simplifies international trademark registration, ensuring seamless protection across borders.

Additionally, we manage power of attorney requirements and offer complementary services, such as tax filing for your business or LLP, to support your entrepreneurial journey.

Types of Trademarks in India

In India, trademarks are essential for protecting the brand identity of businesses and their products or services. Governed by the Trademark Act, 1999, trademarks can take on various forms depending on what they aim to protect—whether it's a product, a service, or distinctive brand elements like shape, sound, or designs. Each type of trademark helps distinguish a brand and offers legal protection against unauthorised use, ensuring that the brand’s goods or services cannot be imitated or misused. This protection is vital in helping businesses maintain their uniqueness and preventing infringement.

Trademark Type	Description
Product Mark	A product mark is used specifically for products and goods. It helps to identify the origin of the product and distinguishes it from competitors. It applies to physical items sold by a brand. Example: The Nike swoosh for sports shoes.
Service Mark	A service mark is used to identify services rather than products. It distinguishes the service provider in areas such as hospitality, technology, or consulting. Example: Airtel for telecom services.
Certification Mark	A certification mark is used to certify that a product meets a specific standard or quality. It guarantees that the goods or services have passed certain evaluations for material, quality, or method of manufacturing. Example: The ISI mark used for certifying product standards in India.
Collective Mark	A collective mark is used by a group or association to indicate membership and distinguish the goods or services provided by its members. It shows that the entity complies with defined standards. Example: The mark used by Chartered Accountants to signify membership in their professional association.
Sound Mark	A sound mark is a distinct sound that is closely tied to a brand. If a brand is recognized by a unique sound, it can register that sound as a trademark. Example: The Intel jingle.
Shape Mark	A shape mark protects the unique, distinctive shape of a product that serves as an identifier of the brand. This type of trademark helps customers recognize the product based on its shape alone. Example: The Coca-Cola bottle shape.
Pattern Mark	A pattern mark protects unique patterns that are associated with a brand. It helps distinguish a brand’s product when a specific design or pattern is prominently used. Example: The pattern design on Louis Vuitton handbags.
Word Mark	A word mark protects the text or word itself that is used by the brand. This can include company names, product names, or taglines. Example: The wordmark for Google.
Symbol Mark	A symbol mark protects logos or symbols that represent a brand. This is one of the forms of trademark protection that ensures businesses can safeguard the distinct visual representation of their brand.

Trademark Symbols

Symbol	Description
TM Symbol (™)	The TM symbol signifies that a brand is claimed by its owner, even though the trademark is not yet registered. It provides a degree of protection, helping establish ownership rights in cases of brand disputes or infringement.
R Symbol (®)	The ® symbol indicates that a trademark is officially registered with the relevant authority. It provides full legal protection against unauthorized use, giving the owner the exclusive right to use the brand in connection with specific goods or services.
SM Symbol (℠)	The SM symbol is used for service marks to represent services, even if they are not yet registered. Like the TM symbol, it helps claim ownership of a brand related to services, offering a basic level of protection.

Why is Trademark Registration Important?

Registering your trademark is crucial because it helps protect your brand’s identity, builds trust with customers, and ensures your business stands out in a crowded market.

Legal Protection: A trademark protects your brand from being copied or used by others without permission.

Trademark Search: Ensures that your brand name or logo is original and hasn’t been taken by someone else.

Online Registration: Provides legal protection for your brand in India and internationally.

Valuable Asset: A trademark enhances brand recognition and becomes a valuable business asset.

Attract Customers: A registered trademark makes your brand recognizable and builds customer trust.

Legal Action: Gives you the right to take legal action against unauthorized use.

Renewal: Lasts for ten years and can be renewed for continued protection.

Grow Your Business: Helps in brand differentiation, increasing business value over time.

Global Protection: Allows you to register your trademark internationally to protect your brand worldwide.

Trademark Class Selection

Selecting the appropriate trademark class is essential in the registration process, as it organises goods and services into 45 distinct categories. Choosing the correct class is vital for the validity of your trademark registration, as it directly relates to your business's products or services.

If your company operates in multiple areas that fall under different classes, it’s important to apply for a trademark in all relevant categories. In India, commonly selected Trademark Classes include:

Class	Description
Class 9	Includes computer software and electronics.
Class 25	Covers clothing.
Class 35	Relates to business management and advertising.
Class 41	Pertains to education and entertainment.

Benefits of Trademark Registration

Registering a trademark helps protect your business and brand. It makes sure no one else can use your name, logo, or product design. Here are the key benefits:

Exclusive Rights: You have full control over your trademark.
Builds Trust and Loyalty: Your brand becomes known for quality, which builds customer trust.
Differentiates Your Product: Makes your product stand out in the market.
Represents Quality: Shows that your products or services meet high standards.
Creates a Business Asset: A registered trademark becomes a valuable business asset.
Legal Use of ® Symbol: You can legally use the ® symbol to show your trademark is registered.
Protection Against Infringement: You can take legal action if someone uses your trademark without permission.
Cost-Effective Protection: Trademark registration is affordable and lasts a long time.
International Registration: Registering in India can help you register your brand globally.
Attracts Top Talent: A well-known trademark can attract the best employees.
Brand Protection: Keeps others from using your brand name or logo.
Legal Protection: Gives you the right to protect your brand through the law.
Protects Business Identity: Helps keep your business identity unique.

Eligibility Criteria for Trademark Registration

Trademark registration is essential to protect your brand identity. To register a trademark, the following eligibility criteria must be met:

1. Who Can Apply?

Individuals: Anyone, including an individual not running a business, can apply.
Proprietorship Firms: Proprietors can register trademarks in their name or the business name.
Partnership Firms: All partners must be included as applicants.
Companies: Private limited, public limited, or LLPs are eligible to apply.
Non-profit Organizations: Societies or trusts can register a trademark to protect their name or logo.

2. Unique and Distinctive Mark

The mark should be unique and not identical or similar to existing trademarks.
It must distinguish your goods or services from others in the market.

3. Representation of Goods/Services

The trademark should clearly represent the goods or services it covers, classified under the 45 classes of the Nice Classification.

4. Non-Conflict with Prohibited Marks

The mark should not contain offensive, obscene, or prohibited words or symbols.
It should not be deceptive or misleading in any way.

5. Usage in Trade

The mark must either already be in use in trade or intended to be used in the future.

6. Legal Requirements

The mark must comply with the provisions of the Trademarks Act, 1999.

7. Proof of Ownership

The applicant must provide proof of ownership or authorization for the trademark they are registering.

Documents Required for Trademark Registration in India

To register a trademark in India, you need to submit specific documents. Here’s a list to help you get started:

1. Applicant’s Details

Name, address, and nationality of the applicant (individual or business).
For businesses, the incorporation certificate or proof of registration.

2. Trademark Details

A clear image or representation of the trademark (logo, word, or design).
A detailed description of the goods or services the trademark will represent.

3. Proof of Trademark Usage

If the trademark is already in use, submit documents like invoices, advertisements, or brochures showing its usage date.
If it’s a new trademark, an intent-to-use statement may be required.

4. Power of Attorney (Form TM-48)

This authorizes your trademark attorney or agent to file the application on your behalf.

5. Business Documents (if applicable)

Partnership firms: Include the names of all partners.
Companies: Submit the certificate of incorporation and board resolution authorizing the trademark application.

6. Identity Proof and Address Proof

For individuals: PAN card, Aadhaar card, or passport.
For businesses: GST registration or address proof of the company.

7. Signature

A scanned copy of the applicant's or authorized signatory’s signature.

Trademark vs Service Mark vs Collective Mark vs Registered Trademark vs Certification Mark

Feature	Trademark	Service Mark	Collective Mark	Registered Trademark	Certification Mark
Purpose	Protects the branding of products	Protects the branding of services	Used by a group to indicate membership or common standards	Indicates full legal protection after registration	Certifies that a product or service meets specific standards
Covers	Words, phrases, symbols, or designs that represent a product	Words, phrases, symbols, or designs that represent a service	Marks used by members of a collective organization	Any trademark or service mark after registration	Marks certifying quality, origin, material, or manufacturing method
Legal Protection	Offers limited protection before registration, full protection after	Offers limited protection before registration, full protection after	Protects marks used by a group for goods or services	Full legal protection after registration under IP law	Full legal protection once registered, but cannot be used by the certifier
Registration Symbol	TM (™) before registration; ® after registration	SM (℠) before registration; ® after registration	No specific pre-registration symbol; ® after registration	® symbol only after official registration	® after registration (cannot use pre-registration symbol)
Registration Process	Conduct a trademark search, file with a patent and trademark office (e.g., USPTO, India)	Conduct a service mark search, file with the appropriate trademark office	File with the relevant office to protect collective usage	Application through the trademark office, then official status granted	File application to show compliance with certification standards
Geographical Area	Protects the mark in the registered geographical area	Protects the mark in the registered geographical area	Protects collective marks in defined areas or industries	Protects the mark in the registered geographical area	Protects the mark across specified areas where it is registered
Example	Coca-Cola logo for soft drinks	A law firm’s logo representing their legal services	Chartered Accountants logo used by members	Registered trademark logo of Apple	Fair Trade certification logo on coffee

Trademark Registration Process

Before managing or protecting your trademark, understanding the trademark registration process is the first step to securing your brand’s legal rights.

Step 1: Trademark Search

Before you apply for a trademark, you need to check if it's already taken.

Why is a Trademark Search Important? It ensures your trademark is unique and reduces the risk of application rejections.
How to Conduct a Trademark Search: Use our Trademark Search tool to check for existing trademarks that may be similar.
Understanding the Trademark Search Report: This report highlights potential conflicts, helping you decide if you should proceed with the application.

Step 2: Filing a Trademark Application

Once you confirm your trademark is available, you can file your application.

Preparing Your Application: Include details about your trademark and how you intend to use it.
Documents Required: We have created a curated list of documents check above
Fees for Trademark Registration: Starts from ₹1499/- get in touch with our IP experts to know more.
The Vienna Codification Process: The Trademark Registrar uses the Vienna Classification System to categorize the figurative elements of your trademark during examination.

Step 3: Examination of the Trademark Application

After submission, the Trademark Registrar examines your application.

Trademark Examination Report: The report outlines any objections or issues found during the review.
Responding to Trademark Objections: If Trademark objections are raised, respond promptly with explanations or modifications to avoid delays.

Step 4: Publication in Trademark Journal

If your application clears the examination stage, it will be published in the Trademark Journal.

Why is Publication Important?
It allows the public to review and challenge the trademark if needed, ensuring fair competition.
What Happens After Publication?
1. If no one opposes the trademark within four months, the registration moves to the next stage.
2. If opposition arises, the process moves to the opposition and hearing stage.
Trademark Opposition Process:
1. Opposition Filing: A third party can file an opposition to your trademark within the four-month period.
2. Applicant’s Response: You must submit a counter-statement defending your trademark.
3. Evidence Submission: Both parties provide evidence supporting their claims.
4. Trademark Hearing: A hearing is conducted where both parties present their arguments. The Registrar makes the final decision based on the submissions and hearing outcomes.

Step 5: Trademark Registration Certificate

If there is no opposition or the opposition is resolved in your favor, you will receive your trademark registration.

Getting Your Trademark Certificate: This certificate legally confirms your exclusive rights to use the trademark.
Validity and Renewal:
1. A trademark is valid for 10 years.
2. You can renew it indefinitely every 10 years to maintain protection.

Trademark Registration Fees

The trademark registration fee starts from ₹1499, plus applicable government charges. (Subject to change)*

Trademark registration fees for individuals starts from ₹1499
Trademark registration fees for business starts from ₹1599

Post-Registration Procedures

After registering a trademark, it's important to manage it effectively. This includes timely renewals, addressing any necessary changes or cancellations, and handling infringement issues through legal actions to protect your trademark rights.

Trademark Renewal Process

Step 1: Submitting the Application

To renew your trademark, complete Form TM-R and submit it to the Trademark Registry. Include your trademark registration number, current status, and your contact information.
Step 2: Scrutiny and Review

The Registry will review your application to ensure it's eligible for renewal. If there are any concerns, they will notify you, and you must respond within a specific timeframe.
Step 3: Announcement in the Trademark Journal

Once approved, the renewed trademark details will be published in the Trademark Journal. This gives third parties four months to raise any objections.
Step 4: Granting the Renewal Certificate

If there are no objections or they are resolved, the Registry will issue the Trademark Renewal Certificate, confirming the trademark is renewed for another 10 years.

Trademark Renewal Fees

The official fee for renewing a trademark in one class is ₹9,000. If you renew within six months after expiry, the fee is ₹13,500, and restoring a removed trademark costs ₹18,000.** fees are subject to change

Trademark Rectification and Cancellation

Trademark rectification and cancellation processes allow for the correction or removal of trademarks that have been wrongly registered or no longer meet legal requirements. Below are the following steps:

Grounds for Rectification of Trademark

In India, you can request rectification of a trademark for specific reasons under Section 57 of the Trade Marks Act (1999):

Violation of Conditions: If there’s a violation of registered trademark conditions, you can ask for rectification from the High Court or Registrar.
Missing or Incorrect Entries: If an entry is missing or wrong in the trademark register, anyone can seek rectification.
Decision on Important Questions: The High Court or Registrar may address key issues during the rectification process.
Starting Rectification Proceedings: After notifying relevant parties, the High Court or Registrar can initiate rectification proceedings.
Notice of Rectification Order: Once a decision is made, a notice will be issued, and the register will be updated accordingly.

Filing a Rectification Application

To request rectification or cancellation, use the following forms:

TM-16 Form: For trademark holders seeking rectification or cancellation, along with the required fee.
TM-M Form: For situations initiated by the Registrar, including necessary fees.
TM-26 Form: For aggrieved individuals filing for rectification or cancellation, also with applicable fees.

Trademark Cancellation Process

To cancel a trademark registration, the proprietor must submit Form TM-P to the Registrar, along with a fee and an affidavit stating the reasons for cancellation. If the affidavit is not submitted, the Registrar will issue a notice requesting it. Processing typically takes four to six months.

Trademark Infringement and Legal Remedies

Trademark infringement occurs when a registered trademark is used without permission, leading to confusion or deception among consumers. Here’s how to identify and address trademark infringement:

Identifying Trademark Infringement

Regularly monitor social media, e-commerce sites, and search engines for unauthorized uses of your trademark. Look for similar brand names, logos, or products that might confuse consumers. Thorough searches and consultations with legal experts can help identify infringements.

Legal Action Against Infringement

Civil Remedies: Trademark owners can take civil action under the Trade Marks Act, 1999, to address infringement.
Criminal Remedies: Indian law allows for criminal actions against trademark infringement, classifying these as cognizable offences under the Indian Penal Code.

Did you know?

Courts resolve trademark disputes by determining protection, checking for confusion, issuing injunctions, and protecting trademark rights. They decide a trademark's validity, assess potential consumer confusion, and stop unauthorized use. Courts ensure trademark registration fairness and safeguard owners' rights.

Managing Your Trademark

Managing your trademark involves important tasks such as transferring it to someone else (assignment), allowing others to use it (licensing), and addressing any challenges to protect your rights.

Legal Framework for Trademark Registration in India

India’s trademark system protects businesses from unauthorised use of their brand. The key components are the Trade Marks Act, 1999, the Trade Marks Rules, 2017, and the Madrid Protocol for international registration.

The Indian Trademark Act

The Trade Marks Act, 1999 outlines how to register and protect trademarks in India. Important points include:

Classes of Goods and Services: Trademarks are grouped into different classes (for goods and services) under the Nice Classification.
Distinctiveness: A trademark must be unique or have gained recognition over time (acquired distinctiveness).
Refusal Grounds: Trademarks can be rejected if they cause confusion or lack distinctiveness.
Duration: Once registered, a trademark lasts for 10 years and can be renewed.

Trademarks cover brand names, logos, colors, sounds, and shapes to help businesses protect their identity.

Role of the Controller General of Patents, Designs, and Trademarks

The Controller General manages trademark registrations, including:

Examining applications and issuing registration certificates.
Publishing trademarks in the Trade Marks Journal for public review.
Managing international trademarks through the Madrid Protocol.

Madrid Protocol and International Trademarks

India is part of the Madrid Protocol, which allows businesses to apply for trademark protection in multiple countries with one application, making it easier to protect your brand worldwide.

Trademark Rules and Regulations in India

The Trade Marks Rules, 2017 outline the process for registering and maintaining trademarks, including:

Application Process: You can apply for trademarks online, with different fees for individuals and companies.
Opposition: After a trademark is published, others have three months to oppose it.
Renewal: Trademarks need to be renewed every 10 years to remain valid.

These rules ensure businesses can efficiently protect their brands

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