Trademark Registration in India: A Step-by-Step Guide

ByBase Legal

Your brand name and logo are valuable. A registered trademark gives you the exclusive right to use it and to stop others from copying it. Here is how registration works in India under the Trade Marks Act, 1999.

Step 1: Search first

Search the Trade Marks Registry for similar marks in your class of goods or services. A good search avoids objections and costly rebranding later.

Step 2: Choose the right class

Goods and services are divided into 45 classes. A software company and a clothing brand will file in different classes. You can file in more than one class.

Step 3: File the application

The application is filed online in Form TM-A. Individuals, startups and small businesses pay a lower government fee than other applicants. Once filed, you can use the ™ symbol.

Step 4: Examination

The Registry examines the application. If it raises an objection, you must file a reply within the time given, usually one month. A hearing may follow.

Step 5: Publication and opposition

If accepted, the mark is published in the Trade Marks Journal. Anyone can oppose it within four months.

Step 6: Registration

If there is no opposition, or you succeed in the opposition, the mark is registered. You can then use the ® symbol. Registration lasts 10 years and can be renewed again and again.

Tips for startups

  • File early, before you spend on marketing.
  • Make sure the company, not a founder or designer, owns the mark.
  • Get a written copyright assignment for your logo from the designer.
  • Watch the Journal for similar marks filed by others.

To speak to an advocate, call +91 63660 42792 or email contact@baselegal.in. You can also send us a message. Read more about our Intellectual Property (IP) practice.

This article is for general information only. It is not legal advice. Please speak to an advocate about your own case.