Trademark Registration

Within the competitive business realm, a product is frequently distinguished by its brand name and the distinctive elements that set it apart. These elements, ranging from logos and jingles to packaging design, collectively constitute what we refer to as a trademark. In today's digital era, safeguarding your brand identity has gained even greater significance. Whether you are launching a startup, managing an established business, or embarking on the entrepreneurial path as an individual, trademark registration remains a vital step to guarantee the uniqueness and distinctiveness of your products and services.

At IndiaFilings, we understand the paramount importance of safeguarding your brand's identity and ensuring the distinctiveness of your products and services in today's competitive market. That's why we offer expert assistance in filing for trademarks. Whether you're a dynamic startup, an established business, or an individual entrepreneur, our dedicated team is here to guide you through the intricate trademark registration process.

Let IndiaFilings be your trusted partner in securing your brand's identity and protecting your intellectual property.

What is a Trademark?

Following the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is a distinctive marker that distinguishes products or services from competitors in the market. It encompasses various elements such as symbols, designs, expressions, or any identifiable feature linked to a specific brand. Remarkably, trademarks are open to ownership by individuals, corporations, or legal entities, making them accessible to a broad spectrum of entities and individuals alike.

Why Should You Register Your Trademark?

Trademark registration protects your rights to use the mark in association with your goods or services. It offers a robust shield against infringement, empowering you to take legal action against unauthorized trademark use. Upon successful registration, your trademark remains valid for ten years from the filing date, with the option to renew it indefinitely.

Who can Apply for Trademark Registration?

Trademark registration is open to a wide range of entities and individuals, including:

  • Individuals
  • Joint owners of a company
  • Proprietorship firms
  • Partnership firms (with a maximum of ten partners)
  • Limited Liability Partnerships (LLPs)
  • Indian companies
  • Foreign companies
  • Trusts
  • Societies

This inclusivity ensures that various businesses and entities can safeguard their brand identities through trademark registration.

Types of Trademark Registrations in India

In India, various trademark registrations cater to different needs and purposes, all aimed at enabling consumers to recognize products and services associated with specific manufacturers or service providers. Here, we delve into the distinct categories of trademark registrations available:

Product Mark

This type of trademark is affixed to goods or products, aiding in identifying their origin and preserving a company's reputation. Trademark applications falling under classes 1-34 are typically classified as product marks as they pertain to tangible commodities.

Service Mark

Similar to a product mark, a service mark is used to identify services rather than physical products. Service marks primarily help differentiate the providers of certain services from others. Trademark applications falling under classes 35-45 are often regarded as service marks related to service offerings.

Collective Mark

A collective mark conveys specific characteristics of products or services associated with a particular group. It allows individuals or entities to protect and represent goods and services collectively. The trademark holder may be an association, a public institution, or a Section 8 corporation.

Certification Mark

The owner issues these marks to indicate information about a product's origin, composition, quality, or other pertinent data. Certification marks establish product standards and assure consumers that the product meets standardized quality benchmarks. They are commonly found in packaged goods, toys, and electronics.

Shape Mark

Shape marks are employed to secure the distinct shape of a product, making it easily recognizable to consumers as originating from a specific manufacturer. Registration is contingent on the shape being deemed distinctive.

Pattern Mark

Pattern marks are used for products featuring unique, designed patterns that serve as distinguishing features. To qualify for registration, these patterns must stand out as distinctly recognizable.

Sound Mark

Sound marks are distinctive sounds associated with products or services from suppliers. Sound logos, often known as audio mnemonics, are commonly heard at the beginning or end of commercials. An example in India is the IPL tune.

These diverse categories of trademark registrations offer businesses and entities the flexibility to protect their brand identity following their unique offerings and market presence.

Choosing the Correct Trademark Class

Trademark classes are a critical aspect of the registration process, as they categorize goods and services into 45 distinct classes. The careful selection of the appropriate class is paramount because it determines the validity of your trademark registration concerning your business's products or services. If your company operates across various areas falling into different classes, it's crucial to ensure that you apply for a trademark under all the relevant classes.

In India, some commonly chosen trademark classes include:

  • Class 9: Encompassing computer software and electronics
  • Class 25: Covering clothing
  • Class 35: About business management and advertising
  • Class 41: Related to education and entertainment

Trademark search

Before registering the trademark, conducting a comprehensive trademark search is of paramount importance. This step is critical to safeguard the integrity and exclusivity of your brand. An online trademark search entails furnishing the brand name and the relevant class for scrutiny. This meticulous search aids in identifying pre-existing trademarks in the market, enabling the assessment of potential conflicts and, ultimately, ensuring the protection of your brand. IndiaFilings provides online trademark search tools and support to facilitate this pivotal process, assisting you in making informed decisions regarding your trademark registration.

Required Documents & Details for Online Trademark Registration

To initiate the online trademark registration process in India, you will need to furnish the following initial details:

  • Applicant's Name: The name of the individual, company, or entity applying for the trademark registration.
  • Business Type: Specify the type of business entity, such as sole proprietorship, partnership, private limited company, etc.
  • Business Objectives: Provide a brief description of your business objectives or activities.
  • Brand/Logo/Slogan Name: Clearly mention the name, logo, or slogan that you intend to trademark.
  • Registration Address: Furnish the official address of the entity applying for the trademark.

In addition to these details, you will be required to submit the following documents to complete the online trademark registration process:

Applicant Type Required Documents
Individuals PAN card
Aadhar card
Proprietorship GST certificate
PAN card
Aadhar card
Company Incorporation certificate
Company PAN card
MSME Certificate (if applicable)
Logo (if applicable)
Partnership Firms Partnership deed
Partnership PAN card
MSME registration certificate
Logo (if applicable)
Limited Liability Partnerships (LLPs) LLP deed
Incorporation certificate
LLP PAN card
Logo (if applicable)
Trusts Trust deed
Trust PAN card
Logo (if applicable)

Trademark Filing Process in India

After completing the trademark search, the next step is filing the trademark registration application with the Trademark Registrar.

The Vienna Codification Process

The Vienna Classification, also called the Vienna Codification, is an international system that categorizes the figurative elements of trademarks. After filing the trademark registration application, the Trademark Registrar will apply the Vienna classification to the trademark's figurative elements.

Trademark Examination

After completing the Vienna Codification, the trademark registration application will be assigned to a Trademark Registrar's officer. The officer will assess the application for accuracy and generate a trademark examination report. Based on this report, the officer can accept the application, allow it for trademark journal publication, or raise objections to the registration process.

In the event of objections, the applicant can address the concerns before the Trademark Officer. If the officer finds the justifications satisfactory, the trademark will be approved for publication in the Trademark Journal.

Trademark Journal Publication

Once the Trademark Registrar accepts the application, the trademark will be published in the Trademark journal. This journal, published weekly, contains details of all trademarks the Registrar receives. Members of the public have the opportunity to raise objections if they believe the trademark registration could harm their interests. If no objections are submitted within 90 days of publication, the trademark will be registered within 12 weeks.

Trademark Hearing

A Trademark Hearing Officer will schedule a hearing if a third party objects to the application. Both the applicant and the opposing party have the chance to present their arguments. Based on the hearings and evidence, the Trademark Hearing Officer will decide whether to accept or reject the application.

Trademark Registration

In cases where no objections or oppositions are raised, the trademark registration certificate will be prepared and issued. A trademark is officially considered registered when the Trademark Registration Certificate is issued, granting the owner exclusive rights to the mark.

At this point, the ® symbol can be added to the logo or trademark.

Trademark Objection

Trademark objections are typically one of the initial stages in the trademark registration process. Instead of outright denial, the Registrar seeks valid reasons or explanations regarding the trademark's registrability.

Trademark Opposition

Trademark opposition occurs when a third party files an objection against registering a trademark. The Registry accepts oppositions from any natural or legal person, including individuals, businesses, partnership firms, and trusts.

Trademark Renewal

After successfully registering your trademark, it remains valid for ten years from the filing date. To ensure the continued protection of your trademark, it is imperative to renew it every ten years.

How IndiaFilings Can Assist You with Trademark Registration

Online trademark registration in India can be intricate, involving numerous steps and government procedures. At IndiaFilings, we simplify this process. Here's a breakdown of how we can assist you:

Trademark Search

Please start the process by providing us with essential information about your desired trademark and industry. Our experts will thoroughly search the trademark database to determine its availability. Once we identify an available brand, we move on to the next step.

Class Selection and Document Collection

Our professional experts will guide you in selecting the appropriate class or classes that comprehensively cover all aspects of your business. Concurrently, you can begin uploading the documents required for the online trademark registration.

Trademark Application Filing

Upon receiving your documents, our expert team will verify their accuracy and completeness. We then complete the trademark application form on your behalf, ensuring all required documents are submitted correctly. Throughout this process, we maintain transparency and keep you informed, monitoring notifications from the Trademark Registry until the registration is completed.

Congratulations! Once the application is submitted, you can start using the ™ symbol

Trademark Objection (if applicable)

In cases where the trademark examiner raises questions about your application, you may receive a trademark objection notice. Our experts can aid you in crafting a robust response and submitting the necessary documents and evidence.

We keep you informed about the status of your application and help you navigate any oppositions or hearings. After successful registration, IndiaFilings can help with trademark renewal, trademark assignment, licensing, and any other post-registration services you may require.

Are you ready to protect your brand and secure your trademark in India? Take the initial step in safeguarding your business identity by obtaining Trademark Registration through IndiaFilings. With IndiaFilings, you can rest assured that your brand is in capable hands. Don't delay any longer – ensure the validity and exclusivity of your trademark today. Get started with IndiaFilings and safeguard your valuable intellectual property rights.

Trademark vs Copyright vs Patent

Trademark Patent Copyright
What’s protected Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another. Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.
Requirements for protection A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. A fresh, valuable, and unusual invention is required. A work must be unique, original, and created in a tangible manner.
Term of protection As long as the mark is used in commerce. 20 years Author’s life span+ 70 years.
Rights Granted Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin. Right to restrict others from manufacturing, selling, or importing the patented invention. Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.

Trademark Registration FAQ's

How do I register for a trade mark?

In India, registering a trademark is done through the Indian Trade Marks Registry (TMR), you must first conduct a trademark search then file an application for registration, one submitted, the TMR will review it and issue a trademark registration certificate if the application is accepted. Register your Trademark with IndiaFilings to access our expertise.

How much does it cost to register a trade mark?

The cost of registering a trademark in India varies depending on the class of goods or services associated with the trademark.

What is the validity of a trademark?

A normal registered trademark is valid for ten years, the owner must renew their registration.

Is my trademark application valid across the world?

No, any trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.

Can a foreigner or foreign entity get a trademark registered in India?

Yes, a foreign person or a foreign entity can apply for trademark registration in India.

How long it takes to obtain Trademark registration?

Trademark application can be filed with the trademark registry in a matter of 1 - 3 days. However, it will typically take 6 to 24 months for the registry to complete their formalities and provide registration for the trademark.

When is the TM Mark used?

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.

When is the R mark used?

The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided

What is the validity of Trademark registration?

Registered trademarks are valid for 10 years from the date of filing. The owner of the mark can file for renewal to keep the trademark protection current prior to the end of its validity.

What happens when the trademark application gets refused?

If the trademark examiner sends a hearing notice to the applicant and if there is no response to the hearing notice within 30 days of receipt, then the application is automatically refused. In such a case, a new application needs to be filed.

What is the function of a Trademark?

The trademark Identifies the goods or services and their origin It guarantees its unchanged quality The trademark guarantees its unchanged quality Trademark registration creates a brand identity or the images for the goods and services.

How to carry a Trademark search?

A Trademark search is necessary before any entrepreneur begins with the search mark for trademark availability. You check with the Trademark Registry and also the search option on our website where you can find information on the registered trademarks.

What information should the Trademark application contain?

The trademark registration application has to contain the following information: Logo or the trademark Name and address of the trademark owner Trademark used since the date Description of the goods or service

What are the documents required for Trademark registration?

For obtaining a trademark registration in India the following documents are to be submitted: Identity Proof of the trademark owner PAN Card Passport Aadhar Card Incorporation certificate (If it is a Private Limited Company or LLP) Udyog Aadhar registration A logo is applicable and available Address Proof

Which forms are to be filed while making a trademark application?

Form 48 and TM 1 has to be filed for making a trademark application.

What are the benefits of getting trademark registration?

There are several reasons to get the trademark registration but the major reason is to obtain the registration as the trademark acts as an asset for the company, It is a powerful deterrent and has legal remedies.

Who needs Trademark registration?

Any word, name, device, label, numerals, or a combination of colors that can be represented graphically can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.

Which Trademarks cannot be registered?

Any mark which is identical or similar to an existing registered trademark or any trademark for which an application has been made, cannot be registered. Also, marks that would likely cause deception or confusion or are offensive in any way may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.

What is Trademark Class?

To standardize the goods or services which the trademark will represent, the trademark registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes. Trademark registration is granted for that specific class of goods or service.

Related Business Registrations

In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.

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Customer Reviews For Trademark Registration

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22 July 2023
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Great Cordination ! And quick responce Thanks


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very Good Work


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you are good and sincere worker.Thankyou.


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17 October 2022
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Good service provided and she was handled smoothly. Appreciated


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20 August 2022
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very good service received. please le me procedure to find out current status of my application in govt web site


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19 August 2022
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Thank You!!


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16 August 2022
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First thing Sofia is very decent. Really a good work. I am highly impressed & looking forward to work with Sofia for next Trademark registration if I needed. And also Amazing communication and understanding and I sincerely thank for there service.


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21 June 2022
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Great and wonderful service from NILOFARNISHA

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