Trademark Registration in India
What is a Trademark?
A trademark is a distinctive sign, symbol, word, phrase, logo, design, or combination thereof that identifies and distinguishes the source of goods or services of one business from those of others. It serves as a brand identifier and helps consumers recognize and choose products or services.
Trademark registration provides exclusive legal rights to use the mark and prevents others from using identical or similar marks that could cause confusion. It is a valuable intellectual property asset that can be licensed, franchised, or sold.
Features of Trademark Registration
- ✓Exclusive Rights: Exclusive right to use the trademark for registered goods/services in India.
- ✓Legal Protection: Right to take legal action against unauthorized use or infringement.
- ✓Brand Identity: Helps build and protect brand identity and reputation.
- ✓Asset Value: Trademark becomes an intangible asset that can be valued and monetized.
- ✓Perpetual Protection: Can be renewed indefinitely every 10 years.
- ✓Licensing: Can license the trademark to others for royalty income.
Types of Trademarks
- Word Mark: Words, letters, or numbers (e.g. Nike, Coca-Cola).
- Device/Logo: Logos, symbols, designs (e.g. Apple logo).
- Combined Mark: Word and logo together.
- Shape Mark: 3D shapes of products or packaging.
- Sound Mark: Distinctive sounds.
- Color Mark: Specific color combinations.
- Service Mark: For services rather than goods.
Acts and Regulations
Trade Marks Act, 1999 and Trade Marks Rules, 2017 govern registration, rights, infringement, assignment, licensing, renewal, opposition. International: Paris Convention, Madrid Protocol, TRIPS.
Advantages and Disadvantages
Advantages
- ✓Exclusive Rights: Nationwide protection; right to sue for infringement.
- ✓Brand Protection: Protects brand identity; builds customer trust.
- ✓Asset Value: Increases business valuation; licensing revenue.
Disadvantages
- ✗Time: Registration process takes 6-12 months.
- ✗Maintenance: Renewal every 10 years; protection limited to registered classes.
- ✗Use Requirement: Must use the trademark or risk cancellation.
Eligibility
Individuals, partnership firms, companies, HUF, trusts, societies, foreign entities (through Indian agents) can apply. Mark must be distinctive, not merely descriptive or generic, not deceptive or prohibited, not identical/similar to existing registered marks.
Prohibited: names of chemical elements, geographical indications, names of countries/cities, words hurting religious sentiments, scandalous or obscene marks.
Documents Required
- ✓Individual: Identity proof (PAN, Aadhaar, Passport), address proof, trademark logo/name, Form 48, user affidavit if in use.
- ✓Company/LLP: Certificate of Incorporation, board resolution, identity/address proof of signatory, trademark logo/name, Form 48.
- ✓Additional: Priority documents (Paris Convention), translation, consent letters, NOC if required.
Step-by-Step Trademark Registration Process
Step 1: Trademark Search
Conduct search for identical/similar existing and pending marks.
Duration: 1 dayStep 2: Application Filing (TM-A)
File TM-A with trademark details, applicant details, class of goods/services (Nice Classification), user details, priority claim if applicable.
Duration: 1 dayStep 3: Examination & Response
Examiner reviews (3-6 months); file response to objections if raised (1-2 months).
Step 4: Publication & Opposition
Published in Trade Marks Journal; 4 months opposition period.
Step 5: Registration Certificate
If no opposition or opposition dismissed, registration certificate issued; valid 10 years.
Duration: 1-2 monthsTotal Duration: 6-12 months
Trademark Registration Fees and Charges
| Application Type | Single Class | Each Additional Class |
|---|---|---|
| Individual/Startup/Small Enterprise | ₹4,500 | ₹4,500 |
| Others | ₹9,000 | ₹9,000 |
Professional: DIY (government fees), Trademark Attorney ₹5,000 - ₹15,000 + objection/opposition handling, Online Platforms ₹1,499 - ₹2,999 (objection included). Renewal ₹9,000/₹18,000 per class.
Penalties and Validity
Infringement: injunction, damages, account of profits, destruction of goods. Criminal: imprisonment up to 3 years, fine up to ₹2,00,000. Validity: 10 years from application; renewable every 10 years indefinitely. Cancellation: non-use for 5 years, generic use, fraud, violation of public policy, abandonment.
Compliance Checklist After Trademark Registration
- ✓Use the trademark in commerce to maintain registration
- ✓Monitor for unauthorized use; renew before expiry (every 10 years)
- ✓Inform Registry about address/name changes; enforce rights against infringers
Certificate of Trademark Registration
The Trademark Registration Certificate is issued by the Trademark Registry and contains registration number, trademark image/description, owner details, class of goods/services, date of registration, validity (10 years), renewal date. Download from IP India portal: Trademark → View Status → enter application/registration number. Uses: legal proof of ownership, licensing, business valuation, legal proceedings.