Trademark Registration in India
What is a Trademark?
A Trademark is a recognizable sign, design, word, phrase, symbol, logo, or a combination used to distinguish goods or services of one enterprise from those of others.
Definition under the Trademark Act, 1999:
"A trademark means a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors."
A Trademark is more than just a name or logo—it's the identity of your business. Registering it ensures exclusive use, builds trust, and adds brand value.
Why Register a Trademark?
Exclusive Rights
Legal ownership and exclusive use of the brand
Brand Recognition
Builds identity and goodwill among consumers
Legal Protection
Legal remedy against infringement and misuse
Intangible Asset
Adds value to your business and can be licensed or sold
Global Recognition
Basis for international trademark applications
Deters Counterfeiting
Helps prevent copying of your product or service
Types of Trademarks
Product Marks
For goods/products (e.g., Nike® for shoes)
Service Marks
For services (e.g., Airbnb® for lodging)
Collective Marks
Used by members of a group/association (e.g., CA®)
Certification Marks
Certify product quality or origin (e.g., ISI®, FSSAI)
Shape Marks
Unique shape of goods or packaging (e.g., Coca-Cola bottle)
Sound Marks
Identifiable sound associated with brand (e.g., Nokia tune)
Color Marks
Specific color combination (e.g., Cadbury® purple)
Trademark Symbols
Trademark (not registered)
Used during application or for unregistered marks
Registered trademark
Used only after registration is granted
Service mark (mainly US)
For service-based marks (unregistered)
Trademark vs Copyright vs Patent
| Basis | Trademark | Copyright | Patent |
|---|---|---|---|
| Protects | Brand name, logo, slogan | Literary, artistic, musical works | New inventions, processes |
| Validity | 10 years (renewable) | Author's lifetime + 60 years | 20 years |
| Law | Trademark Act, 1999 | Copyright Act, 1957 | Patents Act, 1970 |
| Example | Apple® logo | A movie script | A new drug formula |
Trademark Classes
There are 45 classes under the Nice Classification:
- Class 1–34: Goods
- Class 35–45: Services
Choosing the correct class is crucial for proper protection. Common examples:
- Class 9: Electronics and software
- Class 25: Clothing
- Class 35: Advertising and business services
- Class 41: Education and entertainment
Registration Fees (2024)
Government Fees
- Application Fees: ₹4,500/- onwards (may vary as per Government norms)
Professional Fees
- Base Professional Fee: ₹5,000/-
- Follow-up Support: Included for 6 months
Additional Services
- Objection Reply and Court Case Filing: ₹8,000/- onwards
Note: All fees are subject to applicable taxes and may vary based on case complexity and requirements.
Documents Required
Basic Documents
- Applicant's ID & Address Proof (PAN, Aadhaar, Passport, DL)
- Logo/Wordmark (if any)
- Proof of Business (for firms)
- Power of Attorney (Form TM-48)
- Signed TM Application Form (Form TM-A)
- User Affidavit (if already in use)
How to Register a Trademark
Trademark Search
Conduct a search using the IP India Public Search Tool
Prepare Application
Choose the correct class and fill Form TM-A
File Application
File online via ipindiaonline.gov.in
Trademark Allotment
Receive application number and start using ™ symbol
Vienna Codification
Internal classification for logo/symbol-based marks
Examination Report
Registry examines your application
Reply to Report
Reply within 30 days or attend hearing
Advertisement
Publication in Trademark Journal for 4 months
Registration Certificate
If no opposition, trademark is registered with ® symbol
Benefits of Trademark Registration
Legal Protection
Right to sue for infringement
Exclusive Rights
Over the registered brand
Intangible Asset
Assignable, licensable asset
Customer Loyalty
Builds trust and recognition
Business Expansion
Helps in franchising or global brand building
Deters Infringers
Legal notice in public registry
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