Trademark registration in India. Make your name legally yours.
A trademark registration gives you the exclusive legal right to your brand name, logo or tagline for the goods and services you sell. Define IPR Solutions analyses your mark, files it with the Trade Marks Registry, handles objections and oppositions, and updates you every month.
Free consultation. Fees quoted before you commit to anything.
Trademarks, counted
Three in every five applications we file are trademarks
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3,000+
trademark applications filed
More than half of everything we have ever filed.
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1,000+
brands registered without opposition
The quiet outcome every applicant hopes for.
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90%
success rate
Across the trademark applications we have filed.
What can be yours
What you can register as a trademark
Anything that tells customers a product or service comes from you, and that can be shown on paper or as a recording.
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A name
Your brand, company or product name, protected as a word mark in any font or style.
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A logo
The specific design of your logo or symbol, protected as a device mark.
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A tagline
A slogan or phrase that customers connect with your business.
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A shape or pack
The distinctive shape of a product or its packaging.
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A colour scheme
A combination of colours that identifies your goods.
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A sound
A short, distinctive sound, such as a jingle, that signals your brand.
A mark has to be distinctive. The registry refuses marks that only describe the goods or services, and marks that are too close to an earlier mark for similar goods or services.
How it becomes yours
How trademark registration works in India
Six stages, from the first look at your mark to the registration certificate. We handle each one and report to you every month.
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01 Analysis
Trademark analysis report
Before anything is filed, we study your mark and report on where it stands, including the class or classes it belongs in.
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02 Filing
Application on Form TM-A
We file the application online with the Trade Marks Registry. From this point you can use the ™ symbol.
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03 Examination
Examination report
An examiner checks the mark against the Trade Marks Act, 1999. If an objection is raised, we draft and file the reply and deal with the hearing if one is called.
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04 Publication
Trade Marks Journal
An accepted mark is advertised in the Trade Marks Journal, where anyone can see it.
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05 Opposition
A four-month window
Anyone may oppose the mark within four months of publication. If someone does, we file the counter-statement and argue the case.
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06 Registration
Certificate and the ® symbol
With no opposition, or once it is decided in your favour, the registry issues the certificate. The mark is protected for 10 years from the filing date and can be renewed every 10 years.
Claiming it
™ or ®: which symbol can you use?
The two symbols mean different things, and only one of them needs a registration.
| Symbol | When you can use it | What it tells people |
|---|---|---|
| ™, the trade mark symbol | As soon as your application is filed, while registration is pending. | You claim this mark as yours. |
| ®, the registered symbol | Only after the registry issues the registration certificate. | The mark is registered. Using ® on an unregistered mark is an offence under the Trade Marks Act, 1999. |
Keeping it yours
What you get from Define IPR
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A trademark analysis report
A written view of your mark before you spend anything on filing.
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Prompt filing
In trademarks the filing date matters, so we file without delay.
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Strength in opposition matters
Replies, counter-statements and hearings, handled by us.
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Application monitoring
We watch your application as it moves through the registry.
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A status update every month
You hear from us monthly, whether or not anything has changed.
What you need to apply
- The applicant's name, address and nationality. For a company or LLP, the details of the entity.
- The mark itself: the word, or a clear image of the logo.
- A description of the goods or services you use it for.
- The date you first used the mark, if you already use it.
- A signed authorisation (Form TM-48) so that we can file on your behalf.
- A Udyam (MSME) or Startup India (DPIIT) certificate, if you qualify for the reduced government fee.
Who can apply
Individuals, startups, companies, LLPs, proprietorships and other eligible applicants can apply, for a mark they already use or one they intend to use.
Applications are filed with the Trade Marks Registry, part of the Office of the Controller General of Patents, Designs and Trade Marks.
Before you decide
Trademark registration, answered
How many trademark classes are there, and which one do I need?
There are 45 classes. Classes 1 to 34 cover goods and classes 35 to 45 cover services. You file in the class or classes that match what you sell, and each class carries its own government fee. We identify the right classes before filing.
What is the difference between a word mark and a logo mark?
A word mark protects the name itself, in any font or style. A logo mark, also called a device mark, protects the specific design. Many businesses file both, because each one protects something the other does not.
What happens if the registry objects to my trademark application?
The examiner sets out the objection in an examination report. You have one month from receiving it to file a written reply. If the examiner is still not satisfied, a hearing is scheduled. Most objections say either that the mark is not distinctive or that it is too similar to an earlier mark.
What is the difference between an objection and an opposition?
An objection comes from the registry's examiner during examination. An opposition comes from a third party, such as a competitor, and can be filed within four months of the mark being published in the Trade Marks Journal.
How long is a trademark registration valid, and how is it renewed?
A registration is valid for 10 years from the date of the application. It can be renewed for 10 years at a time, with no limit on the number of renewals. The renewal request can be filed up to one year before the registration expires.
Can I file a trademark application myself?
Yes. An applicant can file directly with the Trade Marks Registry. Most businesses use a firm because the search, the choice of classes and the replies to objections are where applications succeed or fail.
Does an Indian trademark protect my brand in other countries?
No. A registration in India protects the mark in India only. For other countries you either file in each country or use the Madrid Protocol, which extends an Indian application or registration to member countries through one international application.
How much does trademark registration cost in India?
The cost has two parts. The government fee is charged per class and is lower for individuals, startups and small enterprises than for other applicants. Our professional fee is added to that. We quote both together after a free consultation, before you commit to anything.
Last reviewed . This page is general information, not legal advice.
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