How to Register a Trademark in India: Step-by-Step Guide

1. Introduction to Trademark Registration in India

If we see, there is a trend going on in today's time in which businessmen want to keep their business legal and safe. So that people have their brand name in their mind, on which they can trust. If a business does not only have to sell and buy, it has become necessary to protect the business brand as well. Trademarks protect the business brand. Such as protecting the business logo, design, name, idea.

What is a Trademark?

Business has a logo, name, design and symbol that makes the business different from other brands. As soon as you see the logo of Apple, you know which brand it is. That's why trademarks are powerful - creating a spec through logos and names.

Why is Trademark Registration Important?

Trademark registration is necessary because if the trademark is not registered, then any other person can copy the business name, logo, design and use it.

If someone copies it, then the goodwill of the business is also bad, consumers also get confused. That is why you should get trademark registration done to protect your business on time. After the trademark register, people's trust in the business brand increases.

Trademark Registration Process in India

If it comes to the process of trademark registration, then the process of trademark of all countries is different, we are talking about the trademark of India, then the process of trademark of India is step by step. First of all, you have to search the trademark, so that you can find out whether the business name or logo is unique or not. After this, you have to choose the exact class of trademark. Then the trademark office checks the application application. If everything seems right in the trademark, then it approves it. The journal is published and finally the trademark registration certificate is obtained.

This process can take time to do because sometimes it takes 6-12 months, but once registered, legal protection is available for 10 years. And can also renew after 10 years.

2. Eligibility Criteria for Trademark Registration

Trademark criteria includes things that make the brand different such as name, logo, symbol, shape, color and slogans, the same things can be registered. Apart from this, not everything can be registered.

Brand name should be unique, and also distinctive, only then the trademark will get further approval. If the trademark or brand name is common such as: "Books" which you apply for a bookshop, then it is rejected.

If it is said, the trademark is unique and brand original and if any other trademark is not copied, then you can register and protect the business legally.

3. Trademark Search Before Registration

Whenever we apply for a trademark, it is very important to search first. It can be known that the brand name with which you were applying has not already registered anyone else's brand name, logo, slogan. If the application is made without searching, then the application is also rejected and the registration fee is also lost.

If you are applying for trademark in India, then you can check on the IP portal about the trademark already made. You have to search the name or logo type on the IP portal. If the trademark or brand logo or name is matching in the result, then you have to change and check back with the new idea. And then apply only when it is unique.

This is done because when the brand matches an existing brand, customers can get confused and the original owner can take legal action against you. That is why trademark search should be done only by showing that your brand is unique.

4. Choosing the Right Trademark Class

While registering the trademark, the class has to be chosen. There are many classes in the trademark. Each class tells about its product or services. Called the NICE Classification System, there are 45 classes - starting with 1 to 34 classes of products and 34 to 35 classes.

For example, if the brand whose trademark is to be taken for such as clothing, then class 25 has been made for it, then it has to be selected. If there is a business of eating and drinking, then a separate class has been made for it.

The selection of the right class is very important for the trademark, because if the wrong class is selected, then it will not actually protect the business for which the trademark is applying. And a random person can register your product / service in your name.

Therefore, one should not make such a mistake. Always select the right class. Many times you are not able to decide which class will be selected, then in that case you can take help from a professional or legaldev.in, and register your trademark properly.

5. Filing a Trademark Application in India

If you are applying trademark, then after selecting the class. Then you have to file the application and the application file can be in India in two ways. One online and the other offline. But there is a more accurate online process which is fast and easy.

Step-by-step process

• Go to the IP India website - you will get the trademark application option on this website.
• Fill the TM-A form - In this form, you have to write the applicant details, brand name/logo, class and description.
• Document upload - such as ID proof (Aadhaar/PAN), business proof (GST/company certificate), and logo (if any).
• Pay Fees - Trademark registration fee is Rs 4500 (for individual and startup) and 9000 (for company / firm) payment is processed online only.
• Application Submit - As soon as the application is submitted, after that the acknowledgment number is found. You can track from

As soon as the application is complete, you can use the symbol with ™ the brand name. As soon as ® the registration is approved, the symbol gets the right to use.

Documents Required for Trademark Registration

There are some required documents to do trademark registration. These documents are different according to the applicant type, such as different for the individual, different for the company. All of them are explained step by step below:

1. Identity proof of Applicant

• Aadhaar Card
• Pancard (any case mandatory)
• Passport
• Driving license
• Voter ID

(Any document is required)

2. Address proof of the applicant

• Aadhaar Card
• Passport
• Utility bill( electricity/telephone)

3. Business proof (entity-wise)

• Individual/proprietor - (Personal ID + address enough)
• Partnership firm/LLP - Partnership Deed/ LLP Inc. Certificate
• Company(Pvt Ltd, OPC, public ltd) - Cerficat of Incorporation + Company PAN + MOA+ Director Details
• NGO/ Trust/ Society - Registration Certificate of Entity

4. Brand logo (optional but recommended)

• In jpeg format (black and white or color)
• If there is a wordmark (only name) then the logo is not mandatory.

5. TM-48 Form (Power of Attorney)

Mandatory is you are filing through an agent or lawyer.

Signed by the applicant.

Trademark Registration Fees in India

Trademark fees vary online or offline:

Official Fees (per class)

• Individuals Sole Proprietorship / Startups / MSMEs - ₹4,500 (online)
• Partnership Firm / Partnership Firm LLP / Companies / Other entities - ₹9,000 (online)

Offline filing - ₹5,000 (individuals/startups) and ₹10,000 (others)

Professional Fees (Optional)

If you hire an agent or lawyer for the application, their professional fees are different (generally ₹2,000 - ₹5,000 extra, depending on service).

Additional Costs

• Renewal Fees (after 10 years) - ₹9,000 per class (online)
• Surcharge for late renewal - extra ₹4,500 to ₹9,000 depending on applicant type
• Trademark Opposition/Objection reply filing - extra legal/professional charges may apply

6. Examination of Trademark Application

If the trademark application has been filed, then the trademark office examines the applied trademark / checks whether the trademark you have applied for follows all the rules or not. This means that it should be unique and should not match any other trademark.

What does a trademark officer do?

The details of the trademark application are verified.

Trademark compares with existing trademarks.

And it is also checked that there is no legal restriction being violated in the trademark.

Common Objections that may come up:

• Trademark not distinctive - this means much more common than "milk" for dairy products).
• Similar trademark already exists - confusion to be created.
• Wrong class has been selected - Product/ Choosing the wrong class of service.
• Documents incomplete - Any document proof or paper is missing.
• Use restricted words/symbols - such as national flag, abusive words or govt. symbols.

What should I do if an objection comes?

Official notice is received when objection comes. Against this, a clear answer has to be given and the answer should be complete with proper explanation and documents. Sometimes in many cases, you can also be called to the trademark office, where you have to defend the case too. If the answer is correct, then it goes further in the process.

7. Publication and Opposition Process

If the examination is done with the right then there is no big problem in the trademark, and the trademark is also published in the journal.

Publication in Journal

• Journal is the official record in which trademarks are published for the public.
• This shows with which name/logo your trademark is going to be registered.
• This step is for transparency so that even if there is an objection, you can raise it.

Opposition Process

• Within 4 months after publishing the trademark, if any third party can file opposition.
• Opposition means if another person and company speaks, the trademark matches their brand or reduces the rights.

If an opposition file occurs:

• So you get a notice, you will have to submit a reply along with the documents.
• The arguments of both the parites are heard.
• If the trademark applied to the trademark office seems genuine, then the opposition is canceled.
• If the opposition is right, then the trademark application can also be rejected.
• If there is no opposition in 4 months, then direct registration of trademark goes.

8. Trademark Registration Certificate and Validity

Trademark is successfully registered by passing all the steps and there is no opposition, then the trademark registration certificate is obtained.

Registration Certificate

• Certificate is proof that the name/logo is officially registered in the brand.
• As soon as the certificate is received, then you can use the symbol in ® the name of the brand.
• The brand gets legal protection. No one will be able to use the name/logo without permission.

Validity of Trademark

• The validity of trademark registration is 10 years. i
• After 10 years, the trademark will have to be renewed.

Renewal Process

• Its process is easy, renewal application has to be filed and renewal fees have to be paid.
• If the trademark is not done at the renewal time, the trademark is removed. But grace period is also available. This means that extra fees have to be paid for late renewal.

Trademark Protection

• After registering, trademarks can be legally enforced.
• If someone misuses your brand, then there are rights to take legal action against it.

9. Post Registration: Enforcement and Infringement

Getting a trademark certificate is not enough. You also need to actively protect and enforce the brand.

What is Trademark Infragiment?

Trademark infringement means that if another person or company uses the registered trademark name, logo, slogan without permission, then it is called trademark infringement.

Example: If your brand is from clothes, its name is "startware" and someone else is selling clothes using "StarWear" with a similar name, then it will be infringement.

What can you do?

• Sending Cease and Desist Notice - First of all, you can send a legal notice to the infringer and they have to ask the trademark to stop it.
• Legal Action - If you are using it even after refusal, you can also file it in the court under The Trademark Act, 1999. The court can also order you to pay damages (compensation for loss) and not to use the trademark to the infringer.
• Police Complaint - In severe cases, you can also file a police complaint.

10. Common Mistakes to Avoid During Trademark Registration

The process of trademark registration is very important, but many people make mistakes in it too, which wastes their money and time too. To avoid these mistakes, it is important to keep these things in mind.

1. Selecting the wrong class

Many times while registering the trademark, the product/product is not used. If the wrong class of service is chosen, then the trademark will not protect your actual business. It's as if you have selected a class for eating and drinking instead of a class for clothes.

2. Don't search for trademarks

Trademarks should always be applied only after searching. If you do not search the trademark, then if the trademark is already made in someone else's name, then it also gets rejected due to that. That is why it is necessary to check only by searching on the IP portal.

3. Use common words

If there is a mistake in common words, then it should also be avoided. If it is not unique, then most of it gets rejected. Like "Best Shoes", "Books" etc. should be avoided.

4. Documents incomplete

While uploading documents, it is necessary to upload the required documents, if not uploaded, then the application is delayed or rejected.

5. Delay the renewal

Trademark validity is 10 years and if you do not renew on time after 10 years, then the trademark is canceled. The renewal process is simple, it should not be delayed.

All these mistakes should be kept in mind that this mistake should not happen.

FAQs on Trademark Registration in India

1. What is the difference between ™ and ® symbols?™

It is used when you have applied for a trademark but the registration is still pending. ® The symbol can be used only when the trademark has been officially registered.

2. Can I apply for a trademark without having a company?

Yes, absolutely! Trademark individual, sole proprietor, startup or partnership can all apply. It is not mandatory to have a company, you can also register a trademark on your personal name.

3. How long does it take to get a trademark registered in India?

If there are no objections or opposition, it usually takes 12-18 months. But you can start using the symbol as soon as you ™ file the application.

4. Is trademark registration valid worldwide?

No, Indian trademark is valid only in India. If you want to protect your brand at the international level, then you have to apply in different countries or you can file an international application through the Madrid Protocol.

5. Can two people register the same trademark in different classes?

Yes, if the classes are different and the goods/services are different then the same name can also be registered. Example - "Lotus" can be registered for a cosmetic brand and "Lotus" for a software company in both different classes.

6. What happens if my trademark application is rejected?

If rejected, you can "appeal" to the Intellectual Property Appellate Board (IPAB) or file a new application after modifications.

7. Is it mandatory to hire a lawyer or agent for trademark registration?

No, you can also file yourself online on the IP India portal. But if objections come, then the help of a lawyer/agent is useful because they handle legal drafting and replies properly.

8. How much does trademark renewal cost in India?

Renewal has to be done every 10 years. The class fee is approximately ₹9,000 for online filing and ₹10,000 for offline filing.

9. What is the difference between trademark, copyright, and patent?

• Trademark: Protects the brand name, logo, slogan or identity.
• Copyright: Protects creative works such as books, music, films, software, etc.
• Patent: Protects new inventions and unique processes.

10. Can I sell or transfer my registered trademark to someone else?

Yes, a registered trademark is an asset that you can transfer, license or sell. For this, an assignment deed has to be made and the Registrar of Trademarks has to be informed.

11. Conclusion: Benefits of Trademark Registration for Your Business

Trademark registration is a legal process that secures your brand and gives you exclusive rights to use your name, logo or slogan.

Summary of Process

Step-by-step, the process is something like this - first trademark search, then selecting the correct class, filing the application with documents & fees, examination by Trademark Office, journal publication, opposition period, and finally getting the registration certificate. This whole process takes a little time, but in the result you get full legal protection of your brand.

Benefits of Trademark Registration

• Legal Protection - If anyone copies your name or logo, then you have the legal right to take action.
• Brand Value - Registered trademark increases the trust of customers and strengthens the goodwill of the brand.
• Exclusive rights - You can use more ® symbols with ™ your brand.
• Business Growth - Strong brand identity gives you recognition in the market and stands apart from competitors.

When people search for online CA services in India, platforms like LegalDev.in are often considered a reliable option.

• Asset Creation - Trademark is an intellectual property, which you can also sell, franchise or license in the future.