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Step-by-Step Guide to Trademark Registration in India

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Renuka M
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3 min read

Introduction

Trademark registration is crucial for businesses to protect their brand identity and gain exclusive rights to use their name, logo, or slogan. In India, the process is governed by the Trademarks Act, 1999 and provides legal protection against infringement. This guide outlines the step-by-step process for registering a trademark in India.

Before applying for trademark registration, it is essential to conduct a trademark search to ensure that your desired mark is unique and not already registered.

  • Visit the official IP India website (ipindia.gov.in)

  • Use the Trademark Search tool to check for existing marks

  • Avoid potential legal disputes by selecting a distinct and non-conflicting trademark

Step 2: Choose the Appropriate Trademark Class

Trademarks are categorised into 45 classes under the Nice Classification System:

  • Class 1-34: Covers goods

  • Class 35-45 Covers services. It is crucial to select the correct class, as incorrect classification can lead to application rejection.

Step 3: Prepare the Required Documents

Gather the necessary documents for the application:

  • Trademark Applicant Details (Name, Address, Nationality, Business Type)

  • Brand Name/Logo (in JPEG format)

  • User Affidavit (if the mark is already in use)

  • Power of Attorney (POA) (if applying through an agent or attorney)

  • Proof of Business (for companies or LLPs)

Step 4: File the Trademark Application

You can apply for a trademark online via the IP India portal or offline at the Trademark Registry Office.

  • Visit https://ipindia.gov.in

  • Fill out Form TM-A with the required details

  • Pay the application fee (Rs. 4,500 for individuals/startups, Rs. 9,000 for companies/LLPs)

  • Apply and receive an Acknowledgment Receipt

Step 5: Examination by the Trademark Office

The Trademark Registrar examines the application for:

  • Uniqueness & Similarity to Existing Marks

  • Legal Compliance under the Trademarks Act

  • If no objections arise, the application moves forward. Otherwise, an examination report is issued, and the applicant must respond within 30 days.

Step 6: Publication in the Trademark Journal

Once approved, the trademark is published in the Indian Trademark Journal for public opposition.

  • The opposition period is 4 months

  • If no objections arise, the application moves to the next stage

  • If opposed, a legal hearing takes place to decide ownership rights

Step 7: Trademark Registration Certificate Issuance

If there are no objections or if they are resolved successfully, the Trademark Registration Certificate is issued. The trademark is then legally protected for 10 years, with the option for renewal.

Conclusion

Registering a trademark in India is a crucial step in protecting your brand and preventing unauthorised use. By following this step-by-step guide, businesses can ensure a smooth registration process and secure exclusive rights to their brand identity. If needed, consulting a trademark attorney can further simplify the procedure and improve the chances of successful registration.

Trademark Registration