Introduction to Trademark Registration in India
A trademark is a brand name, logo, or visual symbol used to represent a business and distinguish its products or services from others. It can be a word, signature, device, label, numerals, or a combination of colors that helps customers identify the origin of goods and services.
Registering a trademark under the Trade Marks Act, 1999 grants exclusive rights to the owner, protecting the brand from unauthorized use and ensuring legal recognition.
Legal Requirements for Trademark Registration in India
To be eligible for trademark registration, the mark must fulfill the following conditions:
- Graphic Representation: The trademark must be visually representable in a clear and defined manner.
- Uniqueness: It should be distinctive enough to differentiate the goods or services from others in the same industry.
- Purpose Definition: The mark must be in use or proposed to be used for business purposes, establishing a link between the goods/services and their rightful owner.
- Trademark registration not only provides a unique identity to a brand but also safeguards it from infringement and fraudulent use.
How to Select a Trademark
Choosing the right trademark is crucial when launching a product or service, as the level of legal protection depends on the type of mark selected.
Here are some key points to consider when selecting a trademark:
- Compliance with Government Rules – The trademark should adhere to legal requirements and must not violate any existing laws.
- Distinctiveness – A strong trademark should be unique and should not directly describe the goods or services it represents.
- Coined or Arbitrary Words – The best trademarks are invented words (e.g., Canon) or words used in an unrelated context (e.g., Lotus for software), as they offer broader protection.
- Legal Consultation – Seeking advice from trademark registration consultants ensures that the mark meets all legal requirements and remains valid over time.
Who Can Apply for a Trademark?
Any of the following entities can apply for trademark registration:
- Individual
- Company
- Proprietor
- Legal Entity
The application must include:
- The name and address of the applicant.
- A clear representation of the trademark.
- The list of goods/services associated with the trademark.
- The power of attorney (if an agent is filing on behalf of the applicant).
- The intended duration of trademark usage.
Documents Required for Trademark Registration
To register a trademark in India, the following documents are required:
- ID Proof – Driving License, Voter ID, Passport, PAN Card, or Aadhaar Card.
- Brand Name & Logo – A soft copy of the brand name and logo to be registered.
- Power of Attorney – Authorization if an agent or attorney is filing on behalf of the applicant.
- Board Resolution – Required if the applicant is a company.
Trademark Classification and Classes
Trademark classification helps in categorizing trademarks based on their nature, making it easier for authorities to process registrations.
- There are 45 trademark classes in total.
- 34 classes cover products/goods.
- 11 classes cover services.
Process of Trademark Registration in India
The trademark registration process involves five key steps:
1. Trademark Search
Before applying, a search is conducted to check the availability of the proposed trademark. This ensures the name is unique and not already registered. The search can be done:
- By looking up word marks under the required class.
- Phonetic search to check for similar-sounding names.
2. Submission of Documents
Once availability is confirmed, required documents are submitted online. A trademark consultant can review and submit them to the Register
3. Preparation of TM Application
- The application is prepared using Form TM-A via the online portal.
- It can be filed by the applicant, proprietor, agent, or attorney.
- Applicants get updates via SMS or Email if filed through a consultant.
4. Trademark Challan
- Once the application is successfully submitted, a Trademark Challan is generated.
- The challan contains the application number, filing date, applicant name, and attorney details.
- This serves as proof of submission, and the applicant can start using ™ (TM) symbol with the brand name.
Government Fees for Trademark Registration
| S.no | Application Type | Offline Filing Fee (INR) | Online Filing Fee (INR) |
|---|---|---|---|
|
1 |
Application for registration (including collective marks, certification marks, or series trademarks)
|
₹5,000
|
₹4,500 |
|
2 |
Individual / Startup / Small Enterprise
|
₹5,000
|
₹4,500 |
|
3 |
All other cases (per class, per mark)
|
₹10,000
|
₹9,000 |
A trademark ensures brand protection, prevents misuse, and helps businesses establish a unique identity in the market.