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Trademark Registration in India

Trademark registration is the process of securing exclusive legal rights to your brand name, logo, or symbol. In India, trademark registration is governed under the Trade Marks Act, 1999, allowing you to defend and exclusively use your intellectual property in the marketplace.

The trademark application process involves submitting Form TM-A to the Trademark Office and selecting the correct class for your goods or services. This ensures that your brand is appropriately protected. Upon registration, you can use the ® symbol, signifying that your trademark is legally recognized.

At Myefilingindia, we simplify the trademark registration process, offering expert guidance through trademark searches, addressing any oppositions, and assisting with renewals. Our experienced trademark attorneys help secure your trademark certificate and ensure your intellectual property is safeguarded, laying a solid legal foundation for your brand’s identity.

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What is a Trademark?

A trademark is a type of intellectual property that includes a word, phrase, symbol, design, or combination of these elements, used to identify and distinguish the goods or services of one entity from others. Under the Trade Marks Act, 1999, a trademark can also encompass the shape of goods, packaging, or color combinations, provided it can be graphically represented and is capable of differentiating one product or service from another.

Trademark Act of 1999

The Trademarks Act of 1999 outlines the rules and regulations for registration, assignment, and trademark protection. The Indian Trademarks Act, 1999 is administered by the Controller General of Patents, Designs, and Trademarks under the Ministry of Commerce and Industry of the government of India.

Why Should You Register Trademark?

Trademark registration in India offers legal protection, helping the owner to pursue legal action against infringement and unauthorized trademark use. According to the Trademark Act of 1999, a registered trademark is valid for 10 years from the filing date. You must renew it thereafter to ensure ongoing brand protection. Here are a few other reasons to register a trademark:

Registering your trademark with the trademark registry establishes an official public record of your ownership through publications in the trademark journal.
It distinguishes your brand from competitors, boosting recognition.
As registered trademarks are associated with quality, it build customer trust.
Increases the business value, attracting investors and partners
Protects against counterfeiting and imitation
Allows you to license your trademark to others
Lets you use the ® symbol, boosting brand credibility.
Becomes a valuable, marketable business asset.

Who can apply for a Trademark Registration Online?

The person or entity listed as the applicant in the registration form will be considered a trademark owner. The following entities can apply for trademark registration online:

Individuals
Joint owners of a company
Proprietorship firms
Partnership firms (with a maximum of ten partners)
Limited Liability Partnerships (LLPs)
Indian companies
Foreign companies
Trusts
Societies

Types of Trademarks in India

Trademarks are categorized into different types, each dedicated to distinguishing goods and services. Here's a breakdown of the different types of trademarks registered in India:

Product Mark

Identifies and distinguishes goods rather than services. This includes brand names, logos, or symbols.

The best example is ‘Nestle.’

Service Mark

These marks outline services provided by a company. Brand names or logos identifying a service are called service marks.

For example ‘United Airlines’, ‘Fly the Friendly Skies’, the logo of a world map

Certification Mark

This indicates that a product or service meets specific standards.

The best example will be the ISI (Indian Standard Institute) mark and the FSSAI mark.

Collective Mark

Used by a group or association to identify goods and services from its members.

Example: CII (Confederation of Indian Industry).

Shape Mark

Protects the distinctive shape of a product or its packaging.

Example: Coca-Cola bottle, Fanta bottle

Pattern Mark

Protects distinctive patterns or designs used on products or packaging.

Example: The distinctive pattern on a brand's packaging

Sound Mark

Protects a distinctive sound identifying a brand.

An example is Yahoo's yodel, the theme song of the National Stock Exchange.

Symbol Mark

Protects unique visual symbols identifying a product or service.

Color Mark

Protect specific colors or color combinations.

Example: Tiffany blue.

Motion Mark

Protects animated graphics or short videos.

Example: Paramount Pictures logo.

Trademark Symbols

Trademark symbols are visual indicators used to show whether a trademark is registered or unregistered. The most common symbols are TM (™), R (®), and SM (℠).

TM Symbol (™)

The ™ symbol is used by brands that have filed for trademark application and the application is in process. The symbol can be used for both services and goods. It serves as an indication that warns infringers.

R Symbol (®)

This symbol denotes that the trademark is officially registered with the Registrar of Trademarks. If copied, the trademark owners can take legal action against the infringers.

SM Symbol (℠)

This symbol is used for unregistered service marks. It identifies and distinguishes the service just like the ™ mark.

Trademark Registration Fees

Trademark registration with myefilingindia is simple and affordable. Govt. fees are ₹4,500/class (e-filing) for individuals, startups & MSMEs, and ₹9,000/class for companies & LLPs. Physical filing costs slightly more. myefilingindia ensures quick, expert filing support.

Trademark Filing (Individuals, Companies / Entities with MSME Certificate)

Choose from Express or Standard filing options with expert support, class selection guidance, and quick turnaround to register your trademark seamlessly.

Express Filing

30-minute consultation with a TM Expert
Thorough TM name/logo search
Assistance in selecting TM class
Form 48 - Complementary
TM Filing within 6 hours for one class
TM Receipt will be issued within 24 hours
Additional Government fees - Rs. 4500 to be paid later

Standard Filing

30-minute consultation with a TM Expert
Thorough TM name/logo search
Assistance in selecting TM class
Form 48 - Complementary
TM Filing within 3 working days for one class
TM Receipt will be issued within 3 working days
Additional Government fees - Rs. 4500 to be paid later

Trademark Filing ( Non-MSME, Companies / Entities)

Ideal for larger businesses and non-MSME entities, this filing includes expert consultation, trademark class selection, and timely application processing under Express or Standard options.

Express Filing

30-minute consultation with a TM Expert
Thorough TM name/logo search
Assistance in selecting TM class
Form 48 - Complementary
TM Filing within 6 hours for one class
TM Receipt will be issued within 24 hours
Additional Government fees - Rs.9000 to be paid later

Standard Filing

30-minute consultation with a TM Expert
Thorough TM name/logo search
Assistance in selecting TM class
Form 48 - Complementary
TM Filing within 3 working days for one class
TM Receipt will be issued within 3 working days
Additional Government fees - Rs.9000 to be paid later

Documents Required for Trademark Registration in India

To register a trademark in India, you need Form TM-A, proof of identity and address for the applicant, a logo copy (if applicable), incorporation or partnership deeds, and, in some cases, a Udyog Aadhar Registration Certificate. Here's a more detailed breakdown:

Applicant Type	Documents Required for Trademark Registration
Individuals & Sole Proprietorship	1. Form TM-A 2. Logo (if applicable) 3. Power of Attorney (Form-48) 4. Identity Proof like an Aadhar card, PAN card, Passport, or Driving License 5. Address Proof like a utility bill, bank statement, or voter ID 6. User Affidavit
Partnership Firms	1. Form TM-A 2. Logo (if applicable) 3. Power of Attorney (Form-48) 4. Partnership Deed / Firm Registration Certificate 5. Identity & Address Proof of Signatory 6. User Affidavit 7. MSME Certificate 8. Startup Recognition Certificate (DPIIT) 9. Partnership PAN Card
Companies (Private Ltd., Public Ltd., or LLPs)	1. Form TM-A 2. Incorporation Certificate or LLP deed 3. Power of Attorney (Form-48) 4. Logo (if applicable) 5. Identity & Address Proof of Authorized Signatory 6. User Affidavit 7. MSME Certificate (if applicable) 8. Startup Recognition Certificate (DPIIT) 9. Company PAN Card or LLP PAN Card
Other Applicants (Trusts, NGOs, etc.)	1. Form TM-A 2. Logo (if applicable) 3. Incorporation Certificate 4. Power of Attorney (Form-48) 5. Identity & Address Proof of Authorized Signatory 6. User Affidavit 7. Trust PAN Card 8. Trust Deed 9. GST Certificate

Trademark Vs Copyright Vs Patent

Trademark, Copyright, and patents are different types of intellectual property (IP). Each protects unique aspects, such as creative works, branding, or inventions. Understanding their differences helps in effectively protecting and enforcing your rights.

Category	Trademark	Copyright	Patent
Protection	Protects brand names, logos, and slogans.	Protects creative works of authorship.	Protects new inventions or discoveries.
Duration	Renewable indefinitely.	Valid for the author's life + a set period.	Typically 20 years from filing.
Application	Approved by the USPTO.	Approved by the U.S. Copyright Office.	Approved by the USPTO.
Requirements	Must be unique and distinctive.	Must be original and fixed in a medium.	Must be novel and non-obvious.
Enforcement	Enforced through legal action.	Enforced through legal action.	Enforced through legal action.
Example	Nike's Swoosh logo.	‘To Kill a Mockingbird’ by Harper Lee.	Alexander Graham Bell's first telephone patent.

Benefits of Trademark Registration

Trademark registration provides legal protection, grants exclusive rights, and differentiates products and services from competitors. It builds goodwill, establishes a valuable business asset, and facilitates global expansion, enhancing brand strength.

Exclusive Rights & Legal Protection

Trademark registration grants you exclusive rights to use the mark for your specific products and services, preventing unauthorized trademark use

Brand Building & Recognition

A trademark helps differentiate products and services, creating a unique brand identity. Trademark registration improves consumer trust, loyalty, and brand recognition.

Helps in the Creation of an Asset

A registered trademark is a valuable asset that can be licensed, sold, or used for financing. It protects the brand owner's investment by preventing others from using a similar name or logo. It increases brand value, making it more attractive to investors.

Usage of Ⓡ Symbol

You can use the ® symbol once your trademark is registered, signaling that it is a registered trademark, adding credibility and protection

Protection Against Infringement

A registered trademark helps prevent trademark infringement and gives you legal grounds for trademark opposition in case of disputes

Protection For Ten Years

Trademark registration is valid for ten years, ensuring long-term protection for your brand name registration

Global Trademark Registration

International trademark registration is facilitated, allowing for protection in other countries through international treaties like the Madrid Protocol and Vienna Codification

Attract Customers

Brand registration makes your brand stand out, attracting more customers by providing confidence in the authenticity of your brand name registration

Choosing the Correct Trademark Class

Selecting the correct class for your trademark is crucial. India’s trademark system categorizes marks into Trademark Classes 1-34 for goods and Classes 35-45 for services, ensuring your register trademark and Trade Name Registration cover the appropriate products and services. You can choose Class 25, Class 41, Class 9, Class 35, or any other class based on your specific goods or services. In India, commonly selected Trademark classes include:

Class 9

Includes computer software and electronics

Class 25

Covers clothing

Class 35

Relates to business management and advertising

Class 41

Pertains to education and entertainment

How To Register Trademark In India Online?

To register a trademark in India, choose a unique mark, conduct a trademark search, and file an application with the Trademark Registry using Form TM-A. Pay the registration fee, and upon approval, you’ll receive a registration certificate. myefilingindia trademark registration services simplify the process with expert assistance and offer complete support in case of trademark objections and rejections. Here is a detailed step-by-step process to register trademark:

Step 1: Trademark Search

The first step in registering a trademark is conducting a comprehensive Trademark Search to ensure your desired mark is unique and not already registered. Our team will assist in choosing the correct trademark class based on the nature of your goods or services.

Step 2: Vienna Codification Check

Your trademark must undergo a Vienna Classification check if it includes visual elements or logos. This classification system categorises figurative elements to facilitate trademark searches, ensuring a smooth registration process.

Step 3: Filing the Trademark Application

Our experienced IP lawyers will file the Trademark registration application using Form TM-A with the Trademark Registrar's office. We ensure the application meets all legal and procedural requirements to avoid unnecessary delays.

Step 4: Formality Check Pass/Fail

Once submitted, the Trademark Registrar conducts a formality check. If all the required details are correctly provided, the application passes this stage. In case of any errors, necessary corrections must be made before proceeding.

Step 5: Trademark Examination

A trademark officer at the Trademark Registrar's Office reviews the application to ensure compliance with legal standards. If there are objections, our experts will analyze the trademark examination report and guide you in preparing a proper response.

Step 6: Trademark Hearings (If Required)

If objections persist, the applicant may need to attend multiple hearings before the Trademark Registrar to justify the trademark’s eligibility for registration. Our legal team will assist in preparing for these hearings.

Step 7: Publication in Trademark Journal

Once approved, the Trademark Registrar publishes the trademark details in the Trademark Journal for public review. The trademark moves to the final registration stage if no opposition is filed within four months.

Step 8: Trademark Opposition Proceedings (If Any)

Legal proceedings will be initiated if a third party opposes the register trademark within the stipulated period. Our team will assist in responding to and resolving trademark opposition matters effectively.

Step 9: Issuance of Trademark Registration Certificate

Upon completing all stages, the Trademark Registrar issues the Trademark Registration Certificate. The registered trademark is valid for 10 years and can be renewed indefinitely.

Post-Registration Procedures

After trademark registration, key post-registration steps include renewal every 10 years, amendments via Form TM-P, and handling any oppositions within the set time. Transfers or assignments must be registered through Form TM-P. Regular trademark registration checks are recommended to check for potential infringements.

Trademark Renewal Process

For renewing the registered trademark, the owner must file Form TM-R with the Trademark Registry, along with the required fees, with the following documents

Form TM-R: For trademark renewal application
Trademark Certificate: A Certified copy of the original registration certificate
TM-A Form: Certified copy (or original) of the initial registration form
ID & Address Proof: Government-issued photo ID and proof of residence
Power of Attorney: If represented by an agent.

Trademark Renewal deadline: The renewal application must be filed within six months before the trademark registration expires or within six months after the expiry with a surcharge.

Trademark Renewal Fees

E-filing: ₹9,000 per class
Physical Filing: ₹10,000 per class
Late Renewal Surcharge: ₹4,500 (added to the renewal fee)
Restoration Fee: ₹9,000 (added to the renewal fee)

Trademark Rectification and Cancellation

Trademark rectification and cancellation is a legal process under the Trademarks Act of 1999 for dealing with a problem with a registered trademark. Rectification helps to fix mistakes or lapses, while cancellation is for deletion of the trademark from the register.

Trademark Rectification

Object: Fixing mistakes or omissions in the trademark register.
Reasons: Errors, non-use, or breach of conditions of trademark.
Procedure: Submit Form TM-26 to the Trademark Registry with evidence.
Who Can Submit: Any interested party affected by the trademark registration.
Authority: Trademark Registrar or IPAB.

Trademark Cancellation

Objective: Delete a trademark from the register
Initiator: Any complaining party
Regulated by: Trademarks Act, 1999.

Trademark Infringement and Legal Remedies

Trademark infringement occurs when a mark is used without authorization, causing confusion among consumers. Legal remedies include injunctions, damages, and, in some cases, the recovery of profits. Trademark Infringement can lead to court orders to cease use and compensation for damages.

Why Choose Vakilsearch for Trademark Registration?

Why Choose Myefilingindia for Trademark Registration?

Registering your trademark is crucial because it helps protect your brand’s identity, builds customer trust, and ensures your business stands out in a crowded market. Whether you need Brand Registration in India, Brand Name Registration, Online Trademark Registration, or want to register a trademark, securing legal protection is essential for your business.

Our Trademark Services:

Expertise in Trademark Law: Our legal team specializes in trademark law, ensuring your registered trademark application is accurate, compliant, and efficiently processed
Thorough Trademark Search: We perform comprehensive online trademark registration searches to confirm the uniqueness of your brand name registration, minimizing potential conflicts and boosting your chances of approval
Simplified Application Process: Our platform streamlines the trademark registration process, including logo trademark registration, brand name registration, and register trademark filing. You submit your details easily, and our experts manage the paperwork on your behalf.
Support Through Every Step: From filing the initial application to handling objections or oppositions, we provide continuous support to guide you through the entire Brand Registration in India process
Timely Renewal Reminders: Online trademark registration lasts for 10 years. We ensure you never miss a renewal date by sending timely reminders to protect your registered trademark.
Trademark Assignment Assistance: Our experts handle the entire trademark assignment process. From drafting the assignment deed to filing with the Trademark Registry, we ensure your ownership transfer is legally compliant and smoothly executed.
Trademark Objection Resolution: If the trademark office objects to your application for a trademark, we help you resolve the grounds of the trademark objection. Our experts in law will guide you on how to prepare a comprehensive counter-statement and assist you on how to settle the matter with the right legal arguments and evidence.

Trademark Hearing Representation: If the objection proceeds to a trademark hearing, our professional team will advocate with the Trademark Registrar on your behalf. We will prepare you for the hearing by collecting necessary evidence, documenting your case, and presenting it to you, guaranteeing a high probability of success in registering your trademark.