Step-by-Step Guide
7 Steps
How to Register a Trademark in India Online (Full Process)
Step by step guide on how to register a trademark in India online. Covers trademark search, TM-A application filing, classes of trademarks, documents required, fees, objection handling, opposition, and registration certificate download. Updated for 2026.
Quick Overview
Estimated Cost
₹4500
Time Required
6 to 12 Months (Filing to Registration)
Total Steps
7 Steps
What You'll Need
Documents Required
- Brand name, logo, tagline, or other mark to be registered
- PAN Card of the applicant (individual or entity)
- Aadhaar Card or passport of the applicant or authorized signatory
- Certificate of Incorporation for companies, LLPs, and other entities
- Proof of business address (rent agreement or utility bill)
- MSME or Startup India registration certificate (for reduced fees)
- Power of Attorney in favour of the trademark attorney or agent (Form TM-48)
- Soft copy of the logo or device mark in JPG format (if registering a logo)
- Evidence of prior use of the trademark (invoices, advertisements, packaging) if claiming prior usage date
Tools & Prerequisites
- Access to the IP India portal (ipindia.gov.in) for trademark search and filing
- Trademark attorney or agent for professional filing and prosecution
- Access to the Trademark Electronic Application System (TEAS) for online filing
- Payment method (internet banking, debit card, or credit card) for filing fees
Your brand name and logo are among your most valuable business assets. Trademark registration protects these assets by giving you the exclusive legal right to use your brand identity across India. Without registration, anyone can copy your brand name, create confusion in the market, and free-ride on the reputation you have built. This guide covers the complete process of registering a trademark in India online, from conducting a trademark search to receiving your registration certificate.
The process involves filing an application with the Trademark Registry through the IP India portal, responding to any examiner objections, surviving a 4-month opposition period, and receiving the registration certificate. With proper preparation, the registration takes 6 to 12 months and costs as little as 4,500 rupees in government fees for startups and small businesses.
Why Trademark Registration Matters for Your Business
Legal Protection and Exclusive Rights
A registered trademark provides you with the exclusive right to use the mark in connection with the goods or services for which it is registered, across the entire territory of India. It enables you to take legal action (civil and criminal) against anyone who uses an identical or deceptively similar mark. Without registration, enforcing your brand rights requires proving common law rights through extensive evidence of prior use, which is significantly more difficult and expensive.
Business and Commercial Benefits
- Brand credibility: The registered trademark symbol (R) signals to customers that your brand is established and legally protected
- Asset value: A registered trademark is an intangible asset that appears on your balance sheet and increases company valuation
- Licensing revenue: You can license your trademark to others in exchange for royalties, creating a passive income stream
- Franchising: Trademark registration is essential for establishing a franchise business model
- E-commerce protection: Platforms like Amazon and Flipkart offer brand registry programs that require trademark registration
- Domain disputes: A registered trademark strengthens your position in domain name disputes under UDRP
- International expansion: Registration in India is a prerequisite for filing international applications under the Madrid Protocol
India follows a first-to-file system, meaning the first person to file a trademark application generally gets priority. If someone files your brand name before you, they will have the legal right to that mark regardless of who started using it first (unless you can prove extensive prior use). File your trademark application as early as possible, ideally during or right after company incorporation.
Types of Trademarks You Can Register
| Type | Description | Example |
|---|---|---|
| Word Mark | Text-only mark protecting the brand name in any style or font | GOOGLE, TATA, AMUL |
| Device Mark (Logo) | Visual logo or symbol without text | Nike swoosh, Apple logo |
| Combination Mark | Word mark combined with logo or design elements | Starbucks logo with text |
| Shape Mark | Distinctive 3D shape of a product or packaging | Coca-Cola bottle shape |
| Sound Mark | Distinctive sound or jingle associated with a brand | Intel chime, Yahoo yodel |
| Color Mark | Specific color or color combination with acquired distinctiveness | Cadbury purple, Tiffany blue |
If you must choose between registering a word mark or a device mark (logo), register the word mark first. A word mark provides broader protection as it covers the text of your brand name in any font, size, color, or visual presentation. A device mark only protects the specific visual design you register. Ideally, register both separately for maximum protection.
Understanding Trademark Classes (Nice Classification)
The Nice Classification system divides all goods and services into 45 classes. Selecting the correct class is critical because your trademark protection only extends to the goods or services covered by the registered class.
Commonly Used Classes for Indian Businesses
| Class | Covers | Relevant For |
|---|---|---|
| Class 9 | Software, mobile apps, electronics, scientific equipment | Tech startups, SaaS companies, app developers |
| Class 25 | Clothing, footwear, headgear | Fashion brands, apparel businesses |
| Class 29 | Processed food, dairy, preserved fruits and vegetables | Food processing companies |
| Class 30 | Coffee, tea, flour, spices, confectionery | FMCG brands, bakeries, spice companies |
| Class 35 | Advertising, business management, retail services, online marketplace | E-commerce platforms, marketing agencies, retail chains |
| Class 41 | Education, training, entertainment, publishing | EdTech companies, coaching institutes, media companies |
| Class 42 | IT services, SaaS, website development, cloud computing | IT companies, SaaS providers, web agencies |
| Class 43 | Restaurant and hotel services, catering | Restaurants, hotels, cloud kitchens, food delivery |
How to Conduct a Trademark Search
A thorough trademark search before filing saves time, money, and the frustration of having your application objected. Here is how to conduct an effective search.
Search on the IP India Portal
- Visit ipindiaonline.gov.in and navigate to the Trademark section
- Click on Public Search to access the trademark database
- Search your proposed mark using the Wordmark search for exact matches
- Use the Phonetic search to find marks that sound similar but are spelled differently
- If registering a logo, use the Vienna Code search to find similar device marks
- Filter results by the specific class you intend to register in
- Check the status of any matching marks (live, dead, or abandoned)
Additional Searches to Conduct
- MCA company name database: Check if any registered company has a similar name
- Domain name registries: Search .com, .in, and .co.in domains for availability
- Social media platforms: Check if usernames are available on major platforms
- Google search: Search for the mark to identify any unregistered users of similar names
While self-search on the IP India portal covers registered marks, a professional trademark attorney can conduct a more comprehensive search covering phonetic variations, similar device marks across classes, common law usage, and strategic risk assessment. For important brands, investing in a professional search (1,500 to 5,000 rupees) is worthwhile.
Step by Step Process to Register a Trademark in India in 2026
Step 1: Decide on the Type of Mark and Class
Based on your business, determine whether to register a word mark (brand name in plain text), device mark (logo), or both. Identify the Nice Classification class or classes that cover your goods and services. Consult the WIPO Nice Classification database if you are unsure which class applies to your specific product or service.
Step 2: Prepare All Documents
Collect the identity proof of the applicant (PAN, Aadhaar), Certificate of Incorporation (for companies/LLPs), logo image in JPG format (for device marks), evidence of prior use (if claiming a user date), and Startup/MSME certificate (for reduced fees). If using a trademark agent, execute Form TM-48 (Power of Attorney).
Step 3: File Form TM-A on the IP India Portal
Log into the IP India e-filing portal and fill Form TM-A with:
- Applicant's name, address, nationality, and entity type
- Trademark details (word mark text or uploaded logo image)
- Class number and description of goods/services
- Date of first use (if applicable, otherwise mark as "Proposed to be Used")
- Whether the applicant is an individual, startup, small enterprise, or other entity
Upload all supporting documents and pay the application fee online (4,500 or 9,000 rupees per class). Submit and note the application number.
Step 4: Receive the Examination Report
The Trademark Registry assigns an examiner who reviews the application within 30 to 60 days. The examiner checks for compliance with the Trade Marks Act and may raise objections. If no objections are found, the mark is accepted and published. If objections are raised, you receive an examination report detailing the issues.
Step 5: Respond to Objections (If Any)
If the examiner raises objections, file a detailed reply within 30 days addressing each objection point. Common objections and responses:
| Objection Type | Legal Basis | Response Strategy |
|---|---|---|
| Mark is descriptive | Section 9(1)(b) | Show acquired distinctiveness through use, sales data, advertising spend |
| Similar to existing mark | Section 11(1) | Argue visual, phonetic, conceptual differences; different goods/services |
| Mark is generic | Section 9(1)(a) | Demonstrate that the mark has become distinctive through extensive use |
| Likely to cause confusion | Section 11(1) | Show distinct trade channels, different consumer base, coexistence evidence |
Step 6: Trademark Published in Journal
Once the examiner accepts the application, the trademark is published in the weekly Trademark Journal (available online). This starts a 4-month opposition window during which any third party can file a Notice of Opposition. Monitor the journal publication and be prepared to respond if an opposition is filed.
Step 7: Opposition Proceedings (If Any)
If no opposition is filed within 4 months, the mark proceeds to registration. If an opposition is filed, the process involves filing a counter-statement, exchanging evidence, and potentially attending a hearing. Most oppositions are settled through negotiation or withdrawal before a final hearing.
Step 8: Receive the Registration Certificate
After the opposition period passes (or if the opposition is decided in your favour), the Registration Certificate is issued electronically. Download it from the IP India portal. You can now use the registered trademark symbol alongside your mark. Registration is valid for 10 years from the filing date and is renewable indefinitely.
Congratulations. Your brand is now legally protected across India. Remember to use the registered symbol consistently, monitor for infringement, renew before expiry, and consider expanding protection to additional classes and international markets as your business grows.
Trademark Registration Fees in India (2026)
| Form / Activity | Fee (Online) | Applicant Category |
|---|---|---|
| Form TM-A (New Application) | 4,500 rupees per class | Individual, Startup, Small Enterprise |
| Form TM-A (New Application) | 9,000 rupees per class | All other applicants |
| Form TM-M (Expedited Examination) | 20,000 rupees | All applicants |
| Form TM-R (Renewal) | 9,000 rupees per class | Standard rate |
| Form TM-5 (Opposition) | 2,700 rupees | Standard rate |
| Form TM-23 (Assignment) | 5,400 rupees | Standard rate |
If you have Udyam MSME registration or DPIIT Startup India recognition, you qualify for the reduced fee of 4,500 rupees per class instead of 9,000 rupees. This is a 50% saving. If you have not registered under either scheme, consider doing so before filing your trademark application.
Important Things to Do After Trademark Registration
Use the Mark Consistently
Use your registered trademark consistently in all business communications, marketing materials, product packaging, invoices, and online presence. Consistent use builds brand recognition and provides evidence to defend against non-use removal applications. Always display the registered symbol alongside the mark.
Monitor for Infringement
Regularly monitor the market and online platforms for unauthorized use of your trademark. Use trademark watch services, Google Alerts, and periodic checks on e-commerce platforms. Take prompt action against infringers through cease and desist notices and platform complaint mechanisms.
Renew Before Expiry
Set a reminder for renewal at least 6 months before the 10-year expiry. Mark the renewal date in your compliance calendar alongside other business compliances like annual ROC filings and GST return filing.
Consider International Registration
If you plan to expand to other countries or sell products/services internationally, file for trademark protection in those markets through the Madrid Protocol (single international application covering multiple countries) or through direct filing in each country. Early international protection prevents trademark squatting in key markets.
Conclusion
Trademark registration is one of the most valuable investments you can make to protect your brand identity. The process costs as little as 4,500 rupees, provides 10 years of protection (renewable indefinitely), and gives you the legal tools to prevent anyone from copying your brand. Start with a thorough trademark search, file in the correct class, respond promptly to any examiner objections, and maintain your registration through consistent use and timely renewal.
Whether you are registering a name for a new startup, protecting an established brand, or filing a logo trademark for your e-commerce business, the process is straightforward with the right preparation and professional guidance.
Need help with trademark search, filing, or responding to objections? Our team at IncorpX can handle the entire trademark registration process for you.
Frequently Asked Questions
What is a trademark and why should I register one?
A trademark is a distinctive sign, symbol, word, phrase, logo, design, or combination that identifies and distinguishes the goods or services of one business from those of others. Registering a trademark gives you exclusive legal right to use that mark across India in connection with the goods or services it is registered for. Without registration, you may use the TM symbol but cannot enforce your rights effectively against infringers. Registration provides statutory protection under the Trade Marks Act 1999, enables you to take legal action against counterfeiters, and allows you to license the trademark to others for royalty income.
What types of trademarks can be registered in India?
You can register: 1. Word marks (brand names, slogans, taglines in plain text), 2. Device marks (logos, symbols, graphical designs), 3. Combination marks (a word mark combined with a logo), 4. Shape marks (distinctive product shapes like the Coca-Cola bottle), 5. Sound marks (distinctive audio signatures like the Yahoo yodel), 6. Color marks (specific colors associated with a brand, such as Cadbury purple), and 7. 3D marks (three-dimensional shapes of products or packaging). Word marks offer the broadest protection as they protect the text regardless of font, color, or style.
What are the 45 classes of trademarks?
The Nice Classification system divides goods and services into 45 classes. Classes 1 to 34 cover goods: Class 5 (pharmaceuticals), Class 9 (electronics, software), Class 25 (clothing), Class 29 (processed food), Class 30 (staples like coffee, tea, flour), Class 35 (advertising and business services). Classes 35 to 45 cover services: Class 35 (retail, marketing), Class 36 (financial services), Class 41 (education, entertainment), Class 42 (IT services, SaaS), Class 43 (restaurants, hotels), Class 44 (medical services), Class 45 (legal services). You must select the specific class or classes that cover your actual goods or services. Each class requires a separate application and fee.
How much does trademark registration cost in India?
The government fee for filing Form TM-A is 4,500 rupees per class for individuals, startups (with DPIIT recognition), and small enterprises (with Udyam registration) when filing online. For all other applicants, the fee is 9,000 rupees per class for online filing. Physical filing attracts higher fees. If you engage a trademark attorney, their professional fees typically range from 3,000 to 10,000 rupees per class depending on the complexity. Additional costs may include reply to examination report (3,000 to 8,000 rupees), opposition proceedings (10,000 to 25,000 rupees), and renewal after 10 years (9,000 rupees per class).
How long does it take to register a trademark in India?
The typical timeline is 6 to 12 months if there are no objections or opposition. The breakdown is: filing and acknowledgement (immediate), examination and report (30 to 60 days), reply to objection if raised (30 days given, with possible hearing), publication in Trademark Journal (posted after acceptance), opposition period (4 months after publication), and registration certificate issuance (1 to 2 months after opposition period ends). If an opposition is filed, the process can extend to 18 to 36 months depending on the complexity of the case and the backlog at the Trademark Registry.
What is the difference between TM and the registered R symbol?
The TM symbol can be used by anyone who claims ownership of a trademark, whether or not it is registered. It signals to the public that you consider the mark to be your trademark. The R symbol (registered trademark) can only be used after the trademark has been officially registered by the Trademark Registry. Using the R symbol for an unregistered mark is a criminal offence under Section 107 of the Trade Marks Act 1999, punishable with imprisonment up to 3 years and a fine. Use TM while your application is pending and switch to the R symbol only after receiving the registration certificate.
Can I register a trademark myself without an attorney?
Yes, you can file a trademark application yourself through the IP India e-filing portal. The process is straightforward for simple word mark applications. However, engaging a trademark attorney or agent is recommended because: they can conduct a more thorough trademark search, correctly identify the appropriate class and draft the goods/services description, maximize chances of overcoming examiner objections, handle opposition proceedings professionally, and ensure proper prosecution of the application. Mistakes in the application (wrong class, insufficient description, improper logo format) can result in rejection and loss of fees.
How do I conduct a trademark search before filing?
Visit the IP India public search portal at ipindiaonline.gov.in and use the trademark search feature. Search your proposed mark using: 1. Wordmark search (exact text match), 2. Phonetic search (to find marks that sound similar), 3. Vienna code search (for device/logo marks using the Vienna classification of figurative elements). Search in the specific class relevant to your goods or services and also in related classes. If similar marks are found, assess the degree of similarity and whether they cover similar goods/services. A professional trademark search report from an attorney provides more comprehensive analysis.
What happens if someone else has a similar trademark?
If an identical or deceptively similar trademark already exists in the same or related class, your application will likely face an objection under Section 11 of the Trade Marks Act (relative grounds). The examiner will cite the conflicting mark in the examination report. Your options include: 1. File a reply arguing that the marks are not similar or that the goods/services are different enough to avoid confusion, 2. Modify the mark to make it more distinctive, 3. Apply in a different class if applicable, 4. Negotiate with the existing trademark owner for a coexistence agreement, or 5. Choose a different mark altogether. This is why a thorough pre-filing search is essential.
What is a trademark examination report and how do I respond?
After filing, a trademark examiner reviews your application and may issue an examination report listing objections. Common objections include: the mark is descriptive or generic (Section 9), the mark is similar to an existing registered mark (Section 11), the mark is likely to cause confusion, or the goods/services description is too broad. You have 30 days from the date of the report to file a written reply addressing each objection. The reply should include legal arguments citing relevant case law, evidence of distinctiveness (if the mark has gained recognition through use), evidence of prior use, and any other supporting documentation. If the reply is not satisfactory, a hearing is scheduled.
What is trademark opposition and how does it work?
After the examiner accepts your application, the trademark is published in the Trademark Journal for 4 months. During this period, anyone can file a Notice of Opposition if they believe the registration would harm their interests (for example, because they own a similar mark). The opposition process involves: 1. Notice of Opposition filed by the opponent (Form TM-5), 2. Counter-statement filed by the applicant within 2 months, 3. Evidence filed by the opponent, 4. Evidence filed by the applicant, 5. Hearing before the Registrar, 6. Decision. The process typically takes 12 to 24 months.
Can I register a trademark for multiple classes in one application?
India follows a single-class application system, meaning you must file a separate application for each class. If your brand covers clothing (Class 25) and retail services (Class 35), you need two separate applications, each with its own fee. While this increases costs, it also means each application is examined independently and delays in one class do not affect the other. Some businesses prioritize the class most relevant to their core business and file in additional classes as budget allows.
What is the validity of a registered trademark?
A registered trademark is valid for 10 years from the date of filing the application, not from the date of registration. The trademark can be renewed indefinitely for successive 10-year periods by filing Form TM-R and paying the renewal fee before the expiry date. If the renewal is not filed within the prescribed period, the trademark is removed from the register. There is a grace period of 6 months after expiry during which renewal can be filed with a surcharge. After the grace period, the mark is permanently removed and a fresh application must be filed.
What documents are required for trademark registration?
Required documents include: 1. Applicant's identity proof (PAN Card, Aadhaar, or Passport), 2. Certificate of Incorporation (for companies and LLPs), 3. Logo image in JPG format (for device marks), 4. Signed Form TM-48 (Power of Attorney if filing through an agent), 5. MSME/Udyam Certificate or DPIIT Startup Certificate (for reduced fees), 6. Proof of prior use (invoices, advertisements, product photos with dates) if claiming a user date, 7. Business address proof. All documents should be scanned in clear, legible quality.
What is a trademark hearing and how should I prepare?
A trademark hearing is an oral proceeding before the examiner where you or your attorney present arguments to overcome objections that were not resolved through the written reply. Hearings are now conducted online via video conference. To prepare: 1. Review all objections in the examination report, 2. Prepare case law citations supporting your arguments, 3. Gather evidence of distinctiveness, market recognition, or acquired goodwill, 4. Prepare a presentation summarizing your key arguments, 5. Anticipate counter-arguments the examiner might raise. The hearing typically lasts 10 to 20 minutes. The examiner may accept, reject, or ask for additional evidence after the hearing.
Can I trademark a person's name?
Yes, a person's name can be registered as a trademark if it has acquired distinctiveness in connection with specific goods or services. A common surname without distinctiveness may face objection under Section 9 as descriptive. However, if the name has been used as a brand and has gained recognition (like Tata, Birla, or even a lesser-known personal brand), it can be registered. The Trademark Registry will assess whether the name is inherently distinctive or has acquired distinctiveness through use. Celebrity names require consent from the person (or their legal estate if deceased).
What is the difference between a trademark and a copyright?
A trademark protects brand identifiers (names, logos, slogans) that distinguish your goods or services in the marketplace. It prevents others from using similar marks for similar products. A copyright protects original creative and artistic works (books, music, paintings, software code, photographs). A logo can be protected by both: the trademark protects its use as a brand identifier, while the copyright protects the artistic design itself. Trademark registration requires a separate application with the Trademark Registry, while copyright registration is done with the Copyright Office.
Can I register a color as a trademark?
Yes, but registering a single color as a trademark is extremely difficult. You must prove that the color has acquired secondary meaning - that consumers associate that specific color exclusively with your brand. Examples of successful color trademarks include Cadbury's purple and Tiffany's blue. A combination of colors used in a specific pattern or arrangement is easier to register. In most cases, it is more practical to register a device mark that incorporates your distinctive color scheme rather than trying to claim monopoly over a single color.
What is a well-known trademark?
A well-known trademark is one that has become so famous and recognized that it receives protection across all classes, even those in which it is not registered. The Trade Marks Act 1999 (Section 11(2)) prevents registration of marks that are identical or similar to well-known trademarks even for dissimilar goods or services. The Registrar can declare a mark as well-known based on factors like knowledge or recognition of the mark, duration and geographic extent of use, and the record of enforcement. Indian courts have recognized marks like Google, Apple, Tata, and Amul as well-known trademarks.
How do I check the status of my trademark application?
You can track your application status on the IP India portal: visit ipindiaonline.gov.in, go to Trademarks, then Trademark Application Status, and enter your application number. The status will show the current stage: Formalities Check Pass (application accepted for examination), Marked for Exam (assigned to an examiner), Objected (objections raised in examination report), Accepted (approved for publication), Published in Journal (in opposition period), Registered (registration complete), or Opposed (opposition filed). Check regularly to ensure you do not miss any deadlines for responses.
Can I transfer or assign my trademark to another person or company?
Yes, a trademark (registered or unregistered) can be assigned or transferred to another person or entity. The assignment can be with or without the goodwill of the business. For registered trademarks, the assignment must be recorded with the Trademark Registry by filing Form TM-23 or TM-24 along with the assignment deed and prescribed fee. The new owner then becomes the registered proprietor. Assignment can be for all goods/services covered by the registration or for specific goods/services. A draft assignment agreement prepared by a lawyer is recommended.
What is trademark infringement and what are the remedies?
Trademark infringement occurs when someone uses a mark that is identical or deceptively similar to your registered trademark in relation to similar goods or services, without your authorization. Remedies include: 1. Injunction (court order to stop the infringing activity), 2. Damages (monetary compensation for losses suffered), 3. Account of profits (the infringer must surrender profits made from the infringement), 4. Delivery up or destruction of infringing goods. Criminal penalties under Section 103 include imprisonment of 6 months to 3 years and a fine of 50,000 to 2 lakh rupees. A registered trademark provides stronger legal standing than an unregistered one.
What is the trademark renewal process?
Trademark renewal must be filed before the expiry of the 10-year term. The process is: 1. File Form TM-R on the IP India portal (can be filed up to 6 months before expiry), 2. Pay the renewal fee (9,000 rupees for online filing for non-MSME entities, 4,500 for startups and MSMEs), 3. The Registrar processes the renewal and updates the register. If you miss the renewal date, there is a 6-month grace period (some additional surcharge applies). After 6 months, the trademark is removed from the register and a fresh application must be filed. Set a reminder at least 6 months before expiry.
Can a trademark application be expedited?
Yes, India introduced expedited examination of trademarks under the Trademark Rules 2017 (Rule 38). By filing Form TM-M (Request for Expedited Processing), you can request the Registrar to examine your application on a priority basis. The expedited examination fee is higher than the regular fee. Under expedited processing, the examination report is typically issued within 30 days of filing, and the overall timeline to registration can be reduced to 6 to 9 months. This option is useful for businesses that need urgent trademark protection due to imminent product launches or infringement threats.
Do I need a trademark if I already have a company name registered with MCA?
Yes, company name registration with MCA and trademark registration are completely different. MCA registration gives you the right to use the name as your corporate identity, but it does not prevent others from using a similar name as a brand for competing products. Trademark registration provides exclusive right to the brand name in connection with specific goods or services across India. Two companies can have the same name registered with MCA if they are in different states, but a registered trademark owner can prevent anyone from using a similar mark nationwide. For comprehensive brand protection, trademark registration is essential.
What is trademark licensing and how does it work?
Trademark licensing allows the trademark owner to authorize another party (licensee) to use the trademark in exchange for royalties or fees. The license can be exclusive (only the licensee can use the mark), sole (both owner and licensee can use), or non-exclusive (multiple licensees permitted). A trademark license agreement must be filed with the Trademark Registry as a Registered User agreement to be officially recognized. The agreement should specify the scope, territory, duration, quality control measures, and financial terms. Licensing can generate passive income and expand your brand's reach without direct operations.
What happens if I do not use my registered trademark?
If a registered trademark is not used for a continuous period of 5 years without a valid reason, any interested person can file an application for removal of the mark from the register on grounds of non-use under Section 47 of the Trade Marks Act. The burden of proving use shifts to the trademark owner. To maintain your registration, ensure you have evidence of use including sales invoices, advertisements, packaging, and online presence featuring the trademark. Even minimal but genuine use can be sufficient to defend against a non-use removal action.
Can I register a sound or smell as a trademark in India?
India allows registration of sound marks but not smell marks currently. To register a sound mark, you must submit an MP3 audio file of the sound along with a musical notation or a detailed description. The sound must be distinctive and non-functional. Examples of registered sound marks globally include the Intel chime and the MGM lion roar. Smell marks are not recognized in India due to the difficulty of graphical representation, though some international jurisdictions have granted them. Sound marks are relatively rare but can be valuable for brands with distinctive audio identity.
What is the Madrid Protocol and can I register a trademark internationally through it?
The Madrid Protocol is an international treaty (to which India is a signatory since 2013) that allows trademark owners to seek protection in multiple countries through a single application filed with WIPO (World Intellectual Property Organization). You must first have a trademark application or registration in India (the home country), then file an International Application through the IP India office designating the countries where you want protection. Each designated country examines the application under its own laws. The Madrid Protocol covers over 130 countries. It simplifies the process and reduces costs compared to filing separately in each country.
What is a trademark objection under Section 9?
Section 9 objections are absolute grounds for refusal. Common Section 9 objections include: the mark is devoid of distinctive character (too generic or common), the mark describes the goods or services (for example, 'Fresh' for food products), the mark consists of signs that have become customary in trade, or the mark is likely to deceive the public. To overcome Section 9 objections, you need to demonstrate that the mark has acquired secondary meaning or distinctiveness through extensive use. Evidence includes sales figures, advertising expenditure, media coverage, and consumer recognition surveys.
What is a trademark objection under Section 11?
Section 11 objections are relative grounds for refusal based on conflict with existing trademarks. The examiner may object if your mark is identical or similar to an earlier registered trademark or pending application covering identical or similar goods/services, and there is a likelihood of confusion in the minds of the public. To overcome: argue that the marks are visually, phonetically, and conceptually different, that the goods/services are different enough to avoid confusion, or provide evidence of honest concurrent use. A letter of consent or coexistence agreement from the cited trademark owner can also help.
How do I protect my brand name before the trademark is registered?
While your application is pending, you can: 1. Use the TM symbol next to your mark to signal your claim, 2. Document all uses of the mark with dated evidence (invoices, advertisements, contracts), 3. Send cease and desist notices to anyone using a similar mark, 4. Build online presence with the mark (domain name, social media handles, Google Business profile), 5. File applications in additional classes for broader protection. Once the application is filed, you have rights from the filing date, meaning if your trademark is eventually registered, your rights are backdated to the application date.
Can I trademark a hashtag, domain name, or app name?
Yes, hashtags, domain names, and app names can all be registered as trademarks if they function as brand identifiers. The hashtag symbol (#) or the domain extension (.com, .in) is typically disclaimed, and the trademark protection covers the distinctive text portion. For app names, register in Class 9 (downloadable software) and/or Class 42 (SaaS and platform services). The mark must still meet distinctiveness requirements. Generic or descriptive terms will face objections regardless of whether they are presented as hashtags or domain names.
What is the difference between trademark registration and patent registration?
A trademark protects brand elements (names, logos, slogans) that identify the source of goods or services. It can be renewed indefinitely. A patent protects inventions (new products, processes, or technologies) that are novel, non-obvious, and industrially applicable. Patents are granted for 20 years and cannot be renewed after expiry. Trademarks prevent others from using similar brand identifiers, while patents prevent others from making, using, or selling the patented invention. Many businesses need both to fully protect their brand identity and their innovative products.
Should I register a word mark or a logo (device mark)?
A word mark protects the text of your brand name regardless of font, color, or style. If someone uses the same name in any visual format, you can enforce your rights. A device mark (logo) protects the specific visual design. If budget allows, register both separately for maximum protection. If you must choose one, a word mark is generally recommended first because it offers broader protection. A logo mark only protects that specific design, and even minor changes to the design could potentially avoid infringement. Register the logo as a separate device mark afterwards.
What is a trademark watch service and do I need one?
A trademark watch service monitors new trademark applications filed with the Trademark Registry and alerts you when someone files a mark that is similar to yours. This allows you to file a timely opposition during the 4-month publication period before a conflicting mark gets registered. Without a watch service, a competitor might register a similar mark without your knowledge. Most trademark attorneys offer watch services for an annual fee of 5,000 to 15,000 rupees per mark per class. It is recommended for brands with significant market presence or those in competitive industries.
Can a partnership firm or sole proprietorship register a trademark?
Yes, any person or entity including individuals, sole proprietors, partnership firms, companies, LLPs, trusts, and societies can register a trademark. The trademark is registered in the name of the applicant as the proprietor. For a partnership firm, the trademark can be registered in the firm's name, and the partnership deed should address trademark ownership in case of dissolution. Sole proprietors register the trademark in their individual name with the trade name as the business entity.
What are the common reasons for trademark rejection?
Common reasons include: 1. The mark is identical or similar to an existing registered trademark (Section 11), 2. The mark is descriptive of the goods/services (Section 9), 3. The mark is generic or commonly used in trade, 4. The mark contains geographical names that indicate origin (like 'Darjeeling' for tea), 5. The mark is deceptive or likely to cause confusion, 6. The mark contains offensive or immoral content, 7. The mark resembles national emblems, flags, or official insignia, 8. Incorrect classification or insufficient goods/services description. Many rejections can be avoided with proper pre-filing search and professional assistance.
How do I enforce my trademark rights against online infringement?
For online trademark infringement: 1. File a complaint with the e-commerce platform (Amazon, Flipkart, etc.) using their brand protection or IP infringement reporting tools. Most platforms have rapid takedown processes. 2. Send a cease and desist notice to the infringer. 3. Report the domain name to ICANN under the UDRP (Uniform Domain-Name Dispute-Resolution Policy) if someone has registered a domain with your trademark. 4. File a complaint with social media platforms for removal of infringing accounts or posts. 5. If informal measures fail, file a trademark infringement suit in court seeking an injunction and damages.
What is the cost of filing in multiple classes?
Each trademark class requires a separate application and fee. At current rates for online filing: 4,500 rupees per class for individuals, startups, and small enterprises, and 9,000 rupees per class for others. Filing in 3 classes would cost 13,500 rupees (for MSMEs) or 27,000 rupees (for others) in government fees alone. Add professional fees of 3,000 to 5,000 rupees per class for attorney charges. Prioritize the class most critical to your core business first, then expand to other classes as budget permits. A trademark attorney can help identify which classes are essential versus optional.
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