A trademark is a unique symbol, word, phrase, logo, design, or a combination of these elements that identifies and distinguishes the goods or services of one entity from those of others. It serves as a brand identity that helps consumers recognize and trust a product or service. In India, trademarks are governed by the Trade Marks Act, 1999, and once registered, they grant the owner exclusive rights to use the mark for their goods or services.
Trademarks can include names, slogans, numerals, logos, sounds, colors, and even shapes—provided they are distinctive and not deceptive or generic. A registered trademark also serves as a legal asset that can be licensed, franchised, or sold.
Step-by-Step Procedure to Register a Trademark in India
Registering a trademark in India involves a series of well-defined steps. Here’s a detailed breakdown of the process to register a trademark:
1. Trademark Search
Before filing an application, it is advisable to conduct a trademark search on the IP India Public Search database. This helps you check whether a similar or identical trademark already exists. Avoiding duplication ensures a smoother registration process and reduces the risk of objections or litigation.
2. Select the Appropriate Class
India follows the Nice Classification, which has 45 classes—Classes 1 to 34 cover goods, while Classes 35 to 45 cover services. Selecting the correct class is essential since your application’s protection will only extend to the specified class.
3. Filing the Application
You can file the trademark application online through the IP India portal or offline at the relevant Trademark Registry Office. The application must contain:
- The applicant’s details
- The trademark logo or wordmark
- A description of goods/services
- The class number
- Date of first use (if applicable)
- A Power of Attorney (in case a trademark agent files it)
You must pay the official fee based on whether the applicant is an individual/startup/SME or a company.
4. Examination of the Application
After submission, a Trademark Examiner reviews the application. The examiner checks for:
- Conflicts with existing marks
- Descriptiveness or deceptiveness
- Distinctiveness
An Examination Report is issued within 1–3 months. If there are objections, a reply must be submitted within 30 days.
5. Show-Cause Hearing (if required)
If the examiner is not satisfied with your reply, a hearing may be scheduled. During the hearing, you or your authorized agent can present arguments and supporting evidence.
6. Publication in the Trademark Journal
Once the application clears the examination stage, it is published in the Trademark Journal for public scrutiny. If no opposition is filed within four months, the mark proceeds to registration.
7. Opposition (if any)
Any third party can file an opposition within the prescribed period. If an opposition is filed, both parties must present their arguments and evidence. The Registrar decides the outcome after the proceedings.
8. Registration and Certificate Issuance
If no opposition is received—or if the opposition is decided in your favor—the Registrar will issue a Certificate of Registration. The trademark is now officially registered, and you can use the ® symbol beside your mark.
Duration and Renewal
A registered trademark is valid for 10 years from the date of filing. It can be renewed indefinitely every 10 years by filing a renewal application and paying the prescribed fee.
