Trademark registration grants you exclusive legal rights over your brand name, logo, or symbol. In India, this process is governed by the Trade Marks Act, 1999, which helps you protect and exclusively use your intellectual property in the market.
To register a trademark, you need to file Form TM-A with the Trademark Office and choose the appropriate class for your goods or services, ensuring your brand receives the right protection. Once registered, you can legally use the ® symbol to indicate your trademark is officially recognised.
At IndiaFilings, we make trademark registration easy. Our expert team guides you through trademark searches, handles any oppositions, and supports you with renewals. With the assistance of our experienced trademark attorneys, you can secure your trademark certificate confidently, safeguarding your intellectual property and establishing a strong legal identity for your brand.
Let IndiaFilings be your trusted partner, securing your brand’s identity and protecting your intellectual property.
What is a Trademark?
A trademark is a form of intellectual property that can be a word, phrase, symbol, design, or a combination of these elements, used to uniquely identify and distinguish the goods or services of one business from those of others. According to the Trade Marks Act, 1999, a trademark may also include the shape of products, their packaging, or specific color combinations, as long as these can be graphically represented and serve to differentiate one product or service from another.
Why Should You Register a Trademark?
In India, registering your trademark provides legal protection under the Trademarks Act, 1999, allowing you to take action against infringement or unauthorised use. A registered trademark is valid for 10 years from the filing date and must be renewed to maintain protection.
- Creates an official public record of ownership through publication in the Trademark Journal.
- Distinguishes your brand from competitors and enhances recognition.
- Builds customer trust by associating your brand with quality.
- Increases business value, attracting investors and partners.
- Protects against counterfeiting and imitation.
- Enables you to license the trademark for additional revenue.
- Grants the right to use the ® symbol, enhancing brand credibility.
- Becomes a valuable and marketable business asset.
Who can Apply for Trademark Registration Online?
Trademark registration online in India 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 or brand name registration online.
Types of Trademark in India
In India, various trademark registration online or brand name 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 India available for registration:
Product Mark
This type of trademark is affixed to goods or products, aiding in identifying their origin and preserving a company’s reputation. Trademark India applications falling under classes 1-34 are typically classified as product marks as they pertain to tangible commodities.
Example: Coca-Cola® on beverage bottles.
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.
Example: FedEx® for courier and delivery services.
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.
Example: CA® (Chartered Accountants of India) used by members of the Institute of Chartered Accountants of India.
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.
Example: ISI mark (Bureau of Indian Standards) for product quality certification.
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.
Example: The Coca-Cola® contour bottle shape.
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.
Example: Louis Vuitton® monogram canvas pattern.
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.
Example: Nokia® tune or the IPL cricket theme in India.
These diverse categories of trademark registrations, like logo trademark registration or trade name registration, offer businesses and entities the flexibility to protect their brand identity following their unique offerings and market presence.
Trademark Symbols
Trademark symbols visually indicate whether a trademark is registered or unregistered. The most common ones are TM (™), R (®), and SM (℠).
TM Symbol (™)
Used by brands that have applied for trademark registration and whose application is still pending. It can be used for both goods and services, signalling to others that the mark is claimed and warning against infringement.
R Symbol (®)
Indicates that the trademark is officially registered with the Registrar of Trademarks. Unauthorized use of a registered mark can lead to legal action by the trademark owner.
SM Symbol (℠)
Used for unregistered service marks. It serves the same purpose as the ™ symbol but applies specifically to services rather than goods.
Benefits of Trademark Registration
Trademark registration not only offers legal protection but also grants exclusive rights, strengthens your market position, and sets your products or services apart from competitors. It enhances goodwill, creates a valuable business asset, and supports global brand growth, boosting overall brand strength.
Exclusive Rights & Legal Protection
Trademark registration grants you the exclusive right to use your mark for specific products and services, preventing unauthorised use and safeguarding your brand identity.
Brand Building & Recognition
A trademark differentiates your offerings and builds a strong, unique identity. Trademark registration boosts consumer trust, loyalty, and recognition — all vital for long-term brand success.
Creation of a Valuable Asset
A registered trademark becomes an intangible business asset that can be sold, licensed, or used as collateral. It protects your investment by stopping others from using a similar name or logo and increases your brand’s market value, making it more appealing to investors.
Right to Use the ® Symbol
Once your trademark is officially registered, you gain the right to use the ® symbol, which signals authenticity, credibility, and legal protection.
Protection Against Infringement
A registered trademark enables you to take legal action against infringement and file trademark opposition in disputes, ensuring your rights remain secure.
Long-Term Validity
Trademark registration lasts for ten years from the filing date, offering long-term security for your brand registration with the option for unlimited renewals.
Global Trademark Registration
International trademark registration is made easier through treaties like the Madrid Protocol and Vienna Codification, allowing your brand to be protected in multiple countries.
Customer Attraction
Brand registration enhances visibility and credibility, helping your brand stand out in the marketplace and attract more customers by assuring them of authenticity and quality.
Brand registration in India with the help of 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.
Required Documents & Details to Apply for Registration in Trademark India
To initiate the company trademark registration online or brand name 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 brand 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.
How to Register Trademark in India Online
After completing the trademark search, the next step is filing the brand trademark registration application with the Trademark Registrar. Here are the step by step process on how to register trademark in India online:
Trademark search
Before apply trademark India, 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 or brand name registration.
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. To register trademark India, you should carefully select the appropriate class because it determines the validity of your trademark registration online or trade name 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 to register trademark include:
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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 of brand registration in India.
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. For example, a logo trademark registration will be approved if it doesn’t receive any objection or opposition.
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 register trademark. The Registry accepts oppositions from any natural or legal person, including individuals, businesses, partnership firms, and trusts.
This is the complete process on how to register brand name in India. After this you need to renew the trademark to extend its validity.
Trademark Renewal
It is important to register trademark. But it is important to know that 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. This continual renewal of your brand name registration secures your marks from misuse or exploitation.
Post-Trademark Registration Procedures
Once trademark registration is complete, you must follow certain steps to maintain protection and enforce your rights.
- Renewal: Every 10 years via Form TM-R.
- Amendments: Made through Form TM-P for changes in details.
- Opposition Handling: Address any filed oppositions within the legal time frame.
- Transfers/Assignments: Record them with the Registry using Form TM-P.
- Monitoring: Regular trademark checks to detect potential infringements.
Trademark Rectification
- Purpose: Correct mistakes/omissions in the trademark register.
- Reasons: Errors, non-use, or breach of conditions.
- Procedure: Submit Form TM-26 with supporting evidence.
- Who Can Apply: Any interested party affected by the trademark.
- Authority: Trademark Registrar or Intellectual Property Appellate Board (IPAB).
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, that is, to register trademark.
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 trademark or brand name 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 the one who cares about your brand and intends to “trademark my business name”? 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 or logo trademark registration through IndiaFilings.