Trademark Registration in India
End to end trademark registration in India by a Trademark Agent registered before the Trade Marks Registry. Public search, application filing in form TM A, response to examination reports, opposition handling and ten year registration certificate, all under the Trademarks Rules 2017.
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What Trademark Registration in India Actually Protects
A registered trademark gives you the exclusive right to use a brand name, logo, tagline, packaging shape, sound mark or colour combination in connection with the goods or services covered by your application. The protection is national, runs for ten years from the date of filing and can be renewed indefinitely. Trademark registration is governed by the Trade Marks Act 1999 read with the Trademarks Rules 2017. The Trade Marks Registry, with branches in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad, handles all examinations, oppositions and registrations.
Trademark protection is class based. The Nice Classification, currently in its twelfth edition and updated periodically, divides goods and services into 45 classes. Goods sit in classes 1 to 34. Services sit in classes 35 to 45. A trademark filed in one class does not automatically protect you in another. Choosing the right class or classes is a strategic call we walk through with every applicant before the filing.
The Trademarks Rules 2017, in force since 6 March 2017, substantially reduced the number of forms used in trademark prosecution and introduced consolidated forms like TM A for new applications. The Rules also introduced reduced government fees for individuals, startups recognised by DPIIT, small enterprises and MSME Udyam registered entities. If your application is filed in any of those categories, the government fee can be roughly half of what a large entity pays per class per application.
Trademark Services We Handle End to End
Public Trademark Search
A search of the Trade Marks Registry public database for identical and similar marks across the classes you intend to file. The single most important step before locking a brand name.
Trademark Application Filing
Drafting and filing form TM A with the Trade Marks Registry. Specification of goods and services prepared per the latest Nice Classification.
Trademark Objection Reply
Drafting a response to the Examination Report under section 9 or section 11 of the Trade Marks Act 1999. Written submissions, evidence of use and case law cited where appropriate.
Trademark Opposition Handling
Filing a notice of opposition to a published mark, or defending your application against an opposition filed by a third party. Counter statement, evidence and hearings handled.
Trademark Renewal
Renewal of a registered trademark for further ten year terms. We track expiry dates and file renewals in advance to avoid the surcharge that applies in the grace period.
Trademark Assignment and Transfer
Transfer of an existing trademark from one owner to another, with or without the goodwill of the business. Form TM M filed with the Registry.
Trademark Rectification
Removal of an unjustly registered mark from the Register, or correction of errors in registered particulars. Filed before the Trade Marks Registry or the Intellectual Property Division of the High Court.
Trademark Hearing Representation
Representation at Show Cause hearings, opposition hearings and rectification hearings at the Trade Marks Registry, by a Trademark Agent.
Step by Step Trademark Registration Process in India
- Public Trademark SearchWe search the Trade Marks Registry public database for identical and similar marks in the classes you intend to file. The search covers word marks, device marks and phonetic equivalents. The search report flags potential conflicts before you commit to a brand name.
- Class Selection and Specification DraftingWe select the right class or classes from the Nice Classification and draft a clear specification of goods and services covered by the application. A tight specification beats a vague one at examination.
- Filing Form TM AThe application is filed electronically with the Trade Marks Registry. The TM application number is issued the same day and the TM symbol can be used from this point.
- Examination by the RegistrySix to nine months after filing, the application is examined by a Trade Marks Examiner. The examiner may raise objections under section 9 (absolute grounds) or section 11 (relative grounds) of the Trade Marks Act 1999. The Examination Report is shared on the IP India portal.
- Response to the Examination ReportA written response is filed within 30 days, addressing each objection raised with submissions and supporting evidence. If the examiner is not satisfied, a Show Cause hearing is scheduled.
- Publication in the Trade Marks JournalOnce objections are overcome, the mark is published in the Trade Marks Journal, opening a 4 month window for third parties to file an opposition.
- Registration CertificateIf no opposition is filed during the journal window, the Registry issues the Trademark Registration Certificate. The mark is now registered for ten years from the date of filing.
Government Fees and Professional Fees for Trademark Registration
The Trademarks Rules 2017 set two government fee slabs. Individuals, startups recognised by DPIIT, small enterprises and MSME Udyam registered entities pay a discounted government fee per class per application. Large entities pay a higher slab. Our professional fee is fixed per application and covers the public trademark search, drafting the application, filing through TM A, response to the Examination Report and hearings where applicable. Request a callback for an itemised view of the trademark registration cost in your case.
Frequently Asked Questions on Trademark Registration in India
How long does trademark registration in India take?
Trademark registration in India typically takes 18 to 24 months end to end. The initial filing and TM application number is issued within one working day. Examination by the Trade Marks Registry happens 6 to 9 months after filing. If there are no objections or oppositions, the mark proceeds to publication in the Trade Marks Journal and is registered after the 4 month opposition window closes.
Do I need to register my company before applying for a trademark?
No. You can apply for a trademark in your personal name, in the name of a proprietorship, partnership firm, LLP or company. Many founders file the trademark in personal name first and assign it to the company later. We typically suggest filing the trademark in the same name as the operating entity to keep ownership clean.
What does trademark registration in India cost?
Two cost components. Government fee per application is fixed by the Trade Marks Rules 2017. Individual, MSME and Startup India recognised applicants pay a discounted government fee compared to large entities. Our professional fee is fixed per application and includes the public trademark search, drafting the application, filing through TM A, follow up on examination and response to any formality queries.
Can I use the TM symbol before my trademark is registered?
Yes. The TM symbol can be used on any mark you claim as a trademark, whether or not an application has been filed. The R symbol can only be used after the mark is actually registered. Using R before registration is an offence under the Trade Marks Act 1999.
What is the difference between trademark, copyright and patent?
Trademark protects brand identifiers like names, logos, taglines and packaging. Copyright protects original creative works like literature, music, art, software code and film. Patent protects inventions like products, processes or technical innovations. Each is governed by a separate statute and registered with a different authority.
How long is a trademark registration valid?
Ten years from the date of filing. Trademarks can be renewed indefinitely for further ten year terms by filing a renewal application before expiry, or within the grace period of six months after expiry on payment of additional fees.
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