Your brand name, logo and slogan are among your most valuable business assets. Trademark registration under the Trade Marks Act, 1999 gives you the exclusive right to use them across India and lets you take legal action against anyone who copies them.
Step 1: Trademark search
Before filing, search the Trade Marks Registry database for identical or similar marks in your class. A proper search avoids objections and oppositions later.
Step 2: Choose the class
Goods and services are divided into 45 classes (classes 1 to 34 for goods and 35 to 45 for services). You need a separate application, or a multi-class application, for each class you want to protect.
Step 3: File the application (Form TM-A)
The application is filed online with the applicant’s details, the mark, the class, the goods or services and the date of first use (or “proposed to be used”). Government fees for e-filing are:
- ₹4,500 per class for individuals, startups and small enterprises (MSMEs)
- ₹9,000 per class for others
Once filed, you can use the ™ symbol with your brand.
Step 4: Examination
The Registry examines the application and may issue an examination report raising objections, for example that the mark is descriptive or similar to an existing mark. A reply must be filed within 30 days, and a hearing may be scheduled.
Step 5: Advertisement and opposition
If accepted, the mark is advertised in the Trade Marks Journal. Anyone can file an opposition within 4 months of advertisement. If an opposition is filed, the applicant must file a counter-statement within 2 months.
Step 6: Registration
If there is no opposition, or the opposition is decided in your favour, the mark is registered and the certificate is issued. You can then use the ® symbol.
Validity and renewal
A registered trademark is valid for 10 years and can be renewed every 10 years indefinitely. See Trademark Renewal.
Documents required
- Logo (if any) and brand name
- Applicant’s PAN, Aadhaar and address proof
- Udyam or startup certificate to claim the lower fee
- Power of attorney (Form TM-M) in favour of the agent
- User affidavit, if claiming prior use
Explore all our IPR services, including copyright, patent and design registration.
Talk to Om Jha & Associates
Our office in Dwarka, New Delhi handles the complete process for you. Call or WhatsApp +91-9899129125, email opjhaom@gmail.com, or book a free consultation. Office hours: Monday to Saturday, 10 am to 7 pm.