Legal Framework of Trademark in India

Governing Law	Trade Marks Act, 1999
Governing Body	Controller General of Patents, Designs & Trademarks (CGPDTM)
Official Portal	ipindia.gov.in
Registering Authority	Trademark Registry (Ministry of Commerce & Industry)
Validity	10 years (renewable indefinitely)

What Is a Trademark?

A trademark is any sign — word, logo, slogan, sound, shape, colour or combination — that distinguishes your goods/services. A registered trademark:

• Grants exclusive legal rights
• Prevents misuse and imitation
• Builds brand recognition & goodwill
• Increases valuation and investor confidence

What Can Be Trademarked?

Category	Examples
Word Mark	ZARA, PAYTM
Logo / Device	Apple logo, McDonald’s M
Slogan / Tagline	“Just Do It”
Sound Mark	Nokia tune
Shape / Packaging	Coca-Cola bottle
Colour / Smell / Motion	Legally possible but rare & complex

What Cannot Be Trademarked?

• Generic/descriptive terms (e.g., “cold drink” for beverages)
• Marks identical to existing trademarks
• Religious symbols, offensive content or government emblems
• Geographical names (unless distinct)
• Misleading names (e.g., implying government role)

Types of Trademark Applications

Type	Purpose
Individual / Sole Proprietor	Personal or business brand names
Company / LLP / Partnership	In entity’s name
Joint Applicants	Two or more co-owners
Foreign Applicants	Apply via Indian agent
Series / Collective / Certification Marks	Variations, group marks, standards (BIS/ISO)

Classes of Trademark (NICE Classification)

There are 45 classes: Classes 1–34 for goods; 35–45 for services. Examples:

• Class 9 — Software, electronics
• Class 25 — Clothing
• Class 35 — Advertising, business consultancy
• Class 41 — Education, training
• Class 43 — Hotels, food services

Choosing the correct class is critical — wrong classification can lead to rejection or limited protection. We help pick the exact classes for your business scope.

Documents Required

Individuals / Proprietors:

• Aadhaar / PAN / Passport
• Brand name/logo in high resolution
• Power of Attorney (Form TM-48) if filing via agent

Companies / LLPs: Certificate of Incorporation, board resolution (if needed), logo/wordmark, TM-48. MSME/Udyam helps get reduced government fees.

Step-by-Step Process of Trademark Registration

1. Trademark Search (Public Search)

Search at ipindia.gov.in/tmrpublicsearch to check uniqueness and avoid similarity. RegistrationMART includes a comprehensive search + legal opinion before filing.

2. Filing TM Application (TM-A)

File online with applicant details, mark image/text, class, description, and user date (if already in use). Filing is done with DSC for companies/agents.

3. Application Number & ™

On filing you receive a TM Application Number — you may use the ™ symbol immediately and track status online.

4. Examination

Examiner reviews legality, uniqueness and conflicts. Typical timeline: 1–3 months. Outcome: accepted (published) or objected (Examination Report).

5. Objection Reply

If objected, a professional reply with evidence and legal precedents is required. We draft and represent objections to strengthen your case.

6. Publication & Opposition

If accepted, the mark is published in the Trademark Journal for 4 months for opposition. If opposed, parties exchange evidence and may attend hearings.

7. Registration Certificate (TM-R)

If no opposition (or resolved), Registrar issues TM-R and you can use the ® symbol. Valid for 10 years and renewable indefinitely.

Benefits of Trademark Registration

• Legal rights to stop infringers (Section 29 of TM Act)
• Can license, assign or franchise the mark
• Essential for Amazon Brand Registry / marketplace protection
• Helps increase brand valuation & investor confidence

Risks of Not Registering

• Brand theft or unauthorized use
• Higher legal costs to defend unregistered rights
• Ineligibility for marketplace protections
• Need for costly rebranding later

Government Fees & Timeline (Indicative — 2025)

Applicant	Government Fee (per class)
Individual / MSME / Startup	₹4,500
Company / Others	₹9,000

Estimated timeline: Filing — 1 day; Examination — 1–3 months; Publication — 4 months; Registration — ~1–2 months after publication if unopposed. Typical end-to-end: 6–10 months if smooth.

International Trademark Filing (Madrid Protocol)

India is a member of the Madrid System. Once your Indian trademark is registered (or under process), you can file international applications in 100+ countries using your Indian mark as a base. We coordinate WIPO filings and international agents for you.

Real-Life Client Cases

SanskritiBliss — Jaipur

Filed in 3 classes; overcame objection and secured registration in 8 months.

NutraNova — Pune

Protected logo & tagline; later licensed the mark to franchise partners across states.

Why Register with RegistrationMART?

Feature	Our Strength
10+ Years IP Expertise	In-house CAs, CS & IP lawyers
Search & Legal Opinion	Comprehensive search before filing
Objection Handling	Expert replies & hearings
Class Strategy	Future-proof class selection
Renewal & Lifecycle Support	End-to-end trademark lifecycle services

Start Your Trademark Registration

FAQs

Q1: Can I use ® before registration?

No. Use ® only after TM-R certificate. Use ™ before registration.

Q2: Can I register a brand I haven’t used yet?

Yes — you may file as “proposed to be used”, though having use evidence is beneficial.

Q3: If someone opposes my mark, do I lose it?

Not necessarily. You can contest opposition with evidence and legal arguments; hearings may be required.

Q4: Can I trademark my signature or name?

Yes, if it has commercial distinctiveness or acquired secondary meaning.

Q5: Can I register in multiple classes?

Yes. Each class requires a separate fee; multi-class filing broadens protection.

Conclusion

Trademark registration secures your identity, builds trust and creates a valuable legal asset. Don’t wait until a conflict arises — protect your brand today. Let RegistrationMART handle everything from search to registration, objection management and international filing.

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