Trademark Registration in India
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What is a Trademark?
A Trademark (™/®) is a legally protected sign, symbol, name, logo, word, phrase, design, or combination that distinguishes your business’s goods or services from others in the market. In India, trademarks are governed by the Trade Marks Act, 1999 and are registered at the Intellectual Property Office. Once registered, you get exclusive rights to use and protect it from misuse.
Types of Trademarks in India
- Word Mark: Names, Brand Names, Taglines, Initials, Slogans
- Device Mark/Logo: Unique logos, stylized text, symbols, images
- Colour Mark: Specific color or combination representing the brand
- Sound Mark: Unique business jingle, tune, or sound (e.g. Airtel tune)
- Shape Mark: Shape of goods or packaging (e.g. Coca-Cola bottle)
- Series Mark: Family of trademarks related by class
- Collective Mark / Certification Mark: Used by a group or for quality standards (e.g. ISI, AGMARK)
Why is Trademark Registration Important?
- Exclusive legal rights to use your name/logo across India
- Prevents copying, infringement, or misuse by others
- Builds brand trust, identity & goodwill
- Boosts business value, reputation & potential investment
- Mandatory for e-commerce & franchise/opening new branches
- Legal evidence & support in case of disputes or misuse
Who Should Register a Trademark?
- Small/large businesses, startups, MSMEs selling products or services
- Manufacturers, traders, e-commerce sellers, exporters/importers
- Brand owners, design/advertising agencies, creative & tech firms
- Individuals, authors, artists, musicians seeking IP protection
Trademark Registration Process in India
Identify & Class Search
Application Drafting
Upload Docs & Pay Fee
Govt. Examination
Publication & Opposition Period
Registration & Certificate
Documents Required
Individual/Proprietorship:
- PAN & Aadhaar Card
- Address Proof
- Logo (in JPEG/PNG if applying for device mark)
- Mobile Number, Email ID
Firm/LLP/Company:
- Certificate of Incorporation/Partnership Deed
- Udyam/MSME Certificate (if claiming rebate)
- Board Resolution/Authorization Letter
- Logo & Brand Usage Proof
Other:
- Power of Attorney (if through agent/attorney)
- Nature of goods/services, brand details, user affidavit (if applicable)
Frequently Asked Questions
It is optional but highly advised. If you don’t register, anyone can copy/use your name/logo—and you’ll have less legal protection against infringement.
You get ™ symbol from day one (receipt). The full registration (®) usually takes 8–18 months, if no major objection/opposition.
A registered trademark is valid for 10 years and can be renewed indefinitely every 10 years by paying the government fee.
Not in the same class/category. Registration is class-wise. If already registered, others can’t use that mark/logo for similar goods/services.
You can file yourself, but professional help (CA/Attorney) ensures correct search, no objection, and faster registration (and less rejection risk).
TM registration in India is only for India. For other countries, you need to file under Madrid Protocol via Indian office (ask for details).