Trademark Registration
In short
A trademark is registered with the Trade Marks Registry under the Trade Marks Act, 1999 by filing Form TM-A in the relevant class or classes of goods and services. You can use the ™ symbol once the application is filed and the ® symbol only after registration. A registered trademark is valid for ten years and can be renewed indefinitely.
- Trademark search
- Class selection
- TM-A filing
Overview
Registering your brand name, logo or tagline gives you the exclusive right to use it for the registered goods or services and a legal remedy against anyone who copies it. It is one of the first things we recommend after incorporating a company.
A search before filing reduces the risk of objection or opposition. Once filed, the application is examined, published in the Trade Marks Journal for opposition, and registered if no opposition succeeds.
Key requirements
- A distinctive mark that is not descriptive or deceptive
- Selection of the correct class or classes of goods or services
- Details of first use, or filing on a "proposed to be used" basis
Documents required
- The mark (word and/or logo) in the required format
- Applicant's name, address and constitution
- Udyam or DPIIT certificate, if claiming the reduced fee for small enterprises or startups
- User affidavit if claiming prior use
- Signed power of attorney (Form TM-48)
We share an exact checklist for your case before you start, since requirements vary with the structure and the people involved.
Process
Search
We search the registry for identical or similar marks.
Filing
Form TM-A is filed in the appropriate classes.
Examination
We track the examination report and help you respond to any objection.
Registration
After publication without successful opposition, the mark is registered.
What KNAP Advisory handles
- Trademark search
- Class selection
- TM-A filing
- Status tracking and guidance on objections
Frequently asked questions
When can I use the ® symbol?
Only after the trademark is registered. While the application is pending, you can use ™.
How long does trademark registration take?
If there is no objection or opposition, registration can take several months to over a year, depending on the registry's timelines. Your rights date back to the filing date once registered.
How long is trademark registration valid?
Ten years from the date of application, renewable every ten years.
What is the government fee for trademark registration?
The e-filing fee for Form TM-A is ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for others. Additional fees apply for some later actions, such as expedited examination or renewal.
What are trademark classes?
Goods and services are divided into 45 classes under the Nice Classification: classes 1 to 34 cover goods and 35 to 45 cover services. A mark is protected only for the classes it is registered in, so choosing them correctly matters.
What is a trademark objection and how do I respond?
After examination, the registry may raise objections, for example that the mark is descriptive or similar to an existing mark. A written reply must be filed within 30 days of receiving the examination report, followed by a hearing if needed. Missing the deadline can lead to the application being treated as abandoned.
What is trademark opposition?
After the mark is accepted and published in the Trade Marks Journal, anyone can oppose it within four months. The applicant then files a counter-statement and the matter proceeds like a case, with evidence and a hearing.
Can I register a trademark without a company?
Yes. Individuals, proprietors, partnership firms, LLPs and companies can all apply. If you later form a company, the trademark can be assigned to it.
Can I register a common word or a place name as a trademark?
Descriptive words, common words for the goods or services, and geographical names are usually refused because others need to use them. Invented words and arbitrary words are easiest to register.
Should I register my brand name or logo first?
A word mark generally gives the broadest protection because it covers the name in any style. If budget allows, file both. If not, start with the word mark.
How do I renew a trademark?
File Form TM-R within six months before the expiry of the ten-year term. Renewal is also possible within six months after expiry with a surcharge, and later only through restoration.
Is an Indian trademark valid in other countries?
No. Trademark rights are territorial. To protect your brand abroad, you file in each country or use the Madrid Protocol, through which one international application based on your Indian application can cover many countries.
Does registering a company name give trademark rights?
No. A company name registered with the MCA does not give you exclusive rights to use it as a brand. Only trademark registration does, and an existing trademark owner can object to a company name that conflicts with their mark.
Can I use a brand while the trademark application is pending?
Yes. You can use the mark with the ™ symbol and your rights date back to the filing date once it is registered. Before using it, a search reduces the risk of infringing someone else's earlier mark.
Can I check if a trademark is already registered?
Yes. The IP India public search lets you search the trademark register by word, phonetic similarity and class. A professional search looks at similar and phonetically close marks as well as exact matches.