All About Trademark Registration (India)

Trademark registration protects your brand name, logo, tagline, symbol, or combination from misuse by others.

In India, trademarks are registered under the Controller General of Patents, Designs and Trade Marks (CGPDTM) and governed by the Trade Marks Act, 1999.

✅ What is a Trademark?

A trademark can be:

Brand Name (e.g., Vardhman Taxcon)

Logo

Tagline / Slogan

Product Name

Sound Mark

Shape of goods

Combination mark (name + logo)

It gives exclusive legal rights to use that mark in a particular class of business.

🎯 Why Register a Trademark?

Legal protection from copy

Exclusive brand rights

Use of ® symbol (after registration)

Builds brand value

Helps in franchise & licensing

Protection on Amazon/Flipkart listings

Asset creation for business

📂 Types of Trademark Applications

Word Mark – Protects the name (strong protection)

Logo Mark – Protects design/logo

Combined Mark – Name + Logo

Device Mark

Sound Mark

🏷 Trademark Classes (Very Important)

There are 45 classes:

1–34 → Goods

35–45 → Services

Example:

Class 35 → Business services

Class 36 → Financial services

Class 42 → IT services

Choosing correct class is very important.

📝 Trademark Registration Process (Step-by-Step)
1️⃣ Trademark Search

Check availability on official portal:
https://ipindia.gov.in

Search before applying to avoid objection.

2️⃣ Filing Application

File TM-A form online.

Documents required:

PAN / Aadhaar

Logo (if applicable)

MSME certificate (for lower fee)

Authorization (if filed by agent)

3️⃣ Government Examination

Application examined in 3–6 months

If objection → Reply within 30 days

4️⃣ Publication in Journal

Published for 4 months

If no opposition → Move to registration

5️⃣ Registration Certificate

Issued if no opposition

Valid for 10 years

💰 Government Fees
Applicant Type Govt Fee (Per Class)
Individual / MSME ₹4,500
Company ₹9,000

⏳ Time Required

™ usable immediately after filing

Full registration: 8–18 months

⚠ Common Reasons for Objection

Similar to existing mark

Generic name

Descriptive word

Wrong class

Lack of distinctiveness

🔄 Renewal

Valid for 10 years

Renewable every 10 years

Can renew before expiry

🛑 What If Someone Copies Your Trademark?

You can:

Send Legal Notice

File Opposition

File Infringement Suit

Claim damages

📌 Important Symbols

™ → After application

® → After registration

SM → Service mark

🌍 Can Trademark Be Registered Internationally?

Yes:

Via Madrid Protocol

File through Indian Trademark Office