Trademark Registration

Quick and Online Process to Register Your Trademark Anywhere in India

Trademark Registration

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What is a trademark?

Trademark is an identity created to recognize and distinguish goods and services. Trademark registration makes way for exclusive ownership rights and restricts all others from its usage and thereby benefitting the owner of the registered mark. It can be registered in the form of graphical representation, symbol, device, word or label etc. Specifications regarding the trademark like the color of the mark are also registrable.

The whole Trademark registration process takes up to 15-18 months in a straight-forward case, i.e. without any objections or oppositions after filing an application. Trademark registration in India is going through many innovative changes. Consider this – one can now avail trademark for Unconventional Marks through which even a distinct sound can now be registered as a trademark in India.

Benefits of Trademark Registration in India

Documents required to Register a Trademark

Having questions? Don’t worry, we are here to help!
Call us at: 1800 313 4151 or Email us: support@legalwiz.in

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*Subject to Government Processing Time

Procedure to Register a Trademark

Compare Related Services

Compare and know which Intellectual Property protects you Product

Managing Your BusinessTrademark RegistrationProvisional PatentPermanent PatentCopyright
Governing ActTrade Marks Act, 1999The Patents Act, 1970The Patents Act, 1970The Copyright Act, 1957
Registration RequirementMandatory for claiming exclusive rightMandatoryMandatoryOptional
Most likely used forBrand Name & LogoInventionsInventionsArtistic works
Logo, Design, Packing Material, Name of Business / CompanyNew invention idea with a prototypeNew invention idea with a prototypeAll types of original
artistic, dramatic or musical works
Provisional application requirementNoNo YesNo
Does not require any provisional applicationIt is the provisional application itselfCannot be filed without filing a provisional applicationDoes not require a provisional application
Symbolic RepresentationYesNoNoYes
After application ™
After registration ®
No symbolNo symbol©
Valid for10 years1 year20 yearsWhole lifetime of the creator
Trademark once registered is valid for 10 years which can be renewedProvisional patents valid for 12 months during which complete specification must be filedA permanent patent is valid for 20 years
including the year of provisional patent filing
In addition to lifetime validity of creator it remains valid till 60 years after his death
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Frequently Asked Questions

Many start-ups register a Trademark based on the founder’s name, whereas large businesses prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the entity.

Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable.

The registered trademark is valid for a period of 10 years from the date of application registration. It can be renewed every 10 years, perpetually. In India, renewal request is to be filed within one year before the expiry of the last registration of trademark.

Usually, it takes at least 15 to 18 months for Trademark registration in India once applied. Post which the owner can use (R) symbol beside the Trademark. However, as soon as the online Trademark Application is filed, the applicant can start using the (TM) symbol. The registration may get delayed due to the verification procedure.

Controller General of Patents, Designs, and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes that the goods/services represent. The trademarks are registered only under those classes. Our experts will help you to find applicable and related classes. For each class, a separate application is filed by paying prescribed Government fee.

The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.

If you have a valid certificate issued by Start-up India (an initiative by Government of India), your start-up gets qualified to avail 50% rebate on Government fees for brand-name registration.

Trademark registration process in India consists of the following main components before the Trademark is granted:

  • Trademark application in the right class, with all the correct details.
  • Send it to Vienna Codification – As soon as a new trademark application is filed, a Vienna Code is assigned if the trademark comprises of figurative elements/logo. Vienna codification is done by the Registry so that the trademark searches can be conducted for artworks/logos.
  • Formalities Check – This is the first step of verifying the Trademark Application whereby the Trademark Registry usually checks if the basic requirements are met. This includes scrutinizing whether the POA has been uploaded (when filed through an attorney) and whether the appropriate translation/transliteration has been filed in case of TM is not filed in English/Hindi.
  • An issue of Examination Report from the Ministry – On verification of basic details, the registry examines the application under various sections to see if the Trademark applied for requires any clarification under any of the Legal sections of the Act. When they feel that any information is required, then they would issue an examination report with the relevant section to which a reply MUST be filed.
  • Exam Report Issued / Accepted – After acceptance of the Trademark application or submission Examination Reply if the registry is satisfied then they will proceed for the Trademark name or symbol or both to be published in the Trademark Journal.
  • “Advertised before acc” or “Advertised” or “Accepted & Advertised” – At this stage, the trademarked name or logo or both are advertised in the Trademark Journal. These are kept open for Objection for 4 months for any third party to oppose the published Trademark. When any such objections are received, the status would change to Opposed – to which a proper reply should be filed.
  • Registration– If there are no other objections, clarifications, or oppositions, the trademark application would be accepted and marked as ‘Registered’. This is when the Trademark applicant can start using the ® symbol.

It includes t the drafting of entire trademark application along with the guidance for appropriate classes. Moreover, the final filing using the Ministry Registered Attorney is also covered under the service offering of Trademark Application.

The ministry accepts application containing the Logo & Brand name as 1 application if both are submitted together in one image. Hence, the charge for a single application would apply. Separate filings can also be done in case the applicant wants to change the logo or the brand name of one in the future and retain the other.

Yes, one can apply for registration under multiple classes in one single application.

For Registry, the fees are levied based on ‘Number of Classes Applied’ and not ‘Number of Applications’. Individual or Start-ups, for each class the government fees of Rs. 4,500 is to be paid. For all other cases, the Government fee of Rs. 9000 is to be paid. For example, if an individual applies for a trademark application under 3 classes, the Government fee will be Rs. 13,500

Yes, the owner can amend the filed mark as per the provision of Section 22 of the Trademarks Act. This allows the amendment of the mark if it does not amount to a substantial change in the character of the mark. Any superficial or insignificant character or feature of the said mark can be amended on a condition – Filing a request in prescribed format along with the copies of the amended label mark.

Yes, a registered trademark can be removed because of non-use. If it is not used for a continuous period of five years from the date of registration of the trademark and that the application for removal is made after three months from the expiry of these five years, then it can be removed.

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Call us at: 1800 313 4151 or Email us: support@legalwiz.in

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Trademark Registration

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