Trademark Registration: How to obtain it?
In this competitive era, trademarks are unique marks that provide a distinct image for a Business. Under Section 2(zb) of the Indian Trademark Act of 1999, trademark registration is conducted. The trademark consists of various elements, including symbols, designs, colours, and more. Business owners want to protect their creative ideas and ways of working, so trademark registration is essential. The owner must obtain a trademark certificate to maintain exclusive rights over a unique symbol or pattern.
Before filing the trademark application, the applicant should consider some points related to trademark classes. There are a total of 45 classes, which are divided into two main categories – 1. Goods services (1 to 34 classes) and 2. Service Classes (35 to 45 classes). Selecting the appropriate class as per your goods and services category is essential. Get a complete understanding of the trademark registration, including its meaning, eligibility, process, fees, documents, and timeline.
Understand Trademark Registration
A trademark is a distinct sign, logo, word, symbol, or combination thereof that showcases and distinguishes the products or services of one business from those of others. In India, trademarks are governed under the Trademarks Act 1999. Trademark registration gives legal protection, brand exclusivity, and business identity. Once registered, the ® symbol can be used, denoting the mark is legally protected.
Need of Trademark Registration
Here’s why trademark registration is essential for businesses and entrepreneurs:
- Exclusive Brand Rights – It offers the owner rights to use the trademark for the goods and services it is registered under the TM Act, 1999.
- Legal Protection – Trademark Registration prevents unauthorized use or infringement of your brand name or logo.
- Brand Recognition – It also helps to build customer trust & brand loyalty in the long term.
- Valuable Business Asset (VBA) – A registered trademark can be sold, licensed, or franchised, increasing the brand’s value, which makes it a valuable asset.
- Global Expansion – A registered trademark in India can also help to facilitate international trademark registration.
Required Documents for Trademark Registration
Here is the complete list of documents required for Trademark registration –
| Category | Required Documents |
| Individuals / Sole Proprietors | – PAN Card of the applicant
– The Aadhaar Card of the applicant – Logo (optional if wordmark) – Signed Form TM-48 (Authorization Letter) |
| Companies / LLPs / Partnerships | – Certificate of Incorporation / Partnership Deed
– PAN of the business entity – Logo (optional) – Power of Attorney (Form TM-48) – Identity & address proof of authorized signatory |
| Additional (if applicable) | – Proof of prior use of trademark (if already in use)
– Udyam or Startup registration certificate (for fee concession) |
Process for Trademark Registration
Trademark registration has several legal and procedural steps. Here’s a step-by-step guide:
Step 1: Before going for Trademark Registration, a comprehensive TM search is conducted in the official trademark database to ensure no similar or identical mark exists. You must avoid using the same mark or name if you find any existing mark. This TM Search helps reduce the risk of objections.
Step 2: After the TM Search, file the TM-A form online via the official IP India portal or offline through the Trademark Registry. It includes applicant details, the class of goods/services, and the proposed mark.
Step 3: After filing, the application goes for examination by the registrar. Here, the registrar examines the application and may object to specific grounds (similarity or descriptiveness).
Step 4: In case of Objection, the applicant must submit a detailed reply. Sometimes, a hearing may also be conducted.
Step 5: If accepted, the mark is published in the Trademark Journal to allow any third party to oppose within 4 months.
Step 6: If no opposition is received (or successfully countered), the trademark gets registered, and the Registration Certificate is issued with the ® symbol authorization.
Cost for Trademark Registration
The cost for Trademark Registration is as follows as per the applicant type:
| Applicant Type | Government Fee (Per Class) | Professional Fee (Approx.) |
| Individual / Startup / MSME | ₹ 4,500 | ₹ 1,500 – ₹ 2,500 |
| Company / LLP / Partnership | ₹ 9,000 | ₹ 1,500 – ₹ 2,500 |
Timeline for Trademark Registration
The timeline for Trademark Registration is as follows:
| Stage | Estimated Duration |
| Trademark Search | 1 day |
| Application Filing | 1–2 days |
| Examination & Objection (if any) | 1–3 months |
| Publication in Trademark Journal | 3–6 months |
| Opposition Period | 4 months |
| Certificate Issuance | Within 1 month after the opposition period/clearance |
Frequently Asked Questions
1. Can I use the ™ symbol before registration?
Yes. You may use the ™ symbol after applying. The ® symbol is used only after successful registration.
2. How long is a trademark valid in India?
A Trademark is mainly valid for ten years in India.
3. Can I register a trademark without a logo?
Yes. You can register a trademark without a logo.
4. What is Class in trademark registration?
Each product or service is categorized into classes (1 to 45). You must select the relevant class(es) based on your business activity.
5. What if someone opposes my trademark?
You’ll need to file a counter-statement and may attend a hearing. If you succeed, the trademark proceeds to registration.
