Introduction: Why Trademark is Your Business’s First Identity
In the dynamic and competitive Indian business environment, your brand is your most valuable asset. Whether it’s your business name, logo, tagline, sound, packaging, or even a color combination, protecting that identity is not just wise — it’s essential.
That’s where trademark registration comes in.
A trademark is more than a legal formality — it’s your legal shield against brand theft, and a foundation for long-term brand equity.
Unfortunately, many startups delay trademark registration, thinking it’s expensive, unnecessary, or complicated.
But at RegistrationMART, with over 10+ years of experience, we’ve helped thousands of businesses protect their brands legally, affordably, and without hassle.
In this complete guide, we’ll walk you through:
- What is a trademark
- Benefits of registration
- Eligibility & registrable marks
- Full trademark registration process
- Class search & classification
- Documents required
- Cost & government fees
- Legal tips & best practices
- Common mistakes to avoid
- How RegistrationMART can help
Let’s get started.
Table of Contents
- What is a Trademark?
- Why Should You Register a Trademark?
- Types of Trademarks Recognized in India
- Who Can Apply?
- What Can Be Trademarked?
- Trademark Classes & Classification System
- Step-by-Step Trademark Registration Process
- Timeline & Validity
- Documents Required
- Trademark Cost & Government Fees
- Common Objections & Legal Challenges
- Trademark vs. TM vs. ® Symbols
- FAQs
- Why Choose RegistrationMART?
What is a Trademark?
As per the Trade Marks Act, 1999, a trademark is defined as:
“A mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others.”
In simple words, it’s any unique word, logo, symbol, sound, slogan, or combination that distinguishes your product/service from others in the market.
Why Should You Register a Trademark?
| Benefit | Description |
| ✅ Legal Protection | Prevents others from using your brand identity |
| 🏛 Exclusive Rights | Right to use the trademark exclusively |
| 💼 Builds Business Trust | Shows credibility to customers & investors |
| 📈 Brand Asset | Trademark becomes an intellectual property (IP) |
| 🌐 Global Recognition | Basis for international registration |
| 🧾 Licensing & Franchising | Enables monetization via royalty, sale, or license |
| ⚖️ Right to Sue | You can file legal action for infringement |
Types of Trademarks Recognized in India
| Type | Example |
| Word Mark | TATA, ZOMATO, NYKAA |
| Logo Mark | Apple logo, Nike Swoosh |
| Tagline/Slogan | “Just Do It”, “Dil Maange More” |
| Sound Mark | ICICI bank chime, Nokia ringtone |
| Color/Packaging | Red sole of Louboutin shoes |
| Shape Mark | Coca-Cola bottle shape |
Who Can Apply for a Trademark?
Trademark applications can be filed by:
- Individual (Sole Proprietor)
- Startups / MSMEs
- Partnership Firms / LLPs
- Private/Public Limited Companies
- Trusts or Societies
- Foreign Companies
📌 Tip: Startups & MSMEs get 50% government fee concession.
What Can Be Trademarked?
To be trademarked, the brand element must be:
- Unique and distinctive
- Non-generic
- Not descriptive
- Not similar to existing marks
- Not offensive or prohibited by law
Examples that can’t be trademarked:
- Names that hurt religious sentiments
- Common surnames or geographic names (unless distinct)
- Government emblems, national flags
- Words like “Freedom”, “Global”, “Best”, “Quality” (if used alone)
Trademark Classes in India (45 Classes Explained Briefly)
India follows the Nice Classification System, consisting of:
- 34 classes for goods (Class 1–34)
- 11 classes for services (Class 35–45)
Some popular classes:
| Class | Description |
| 9 | Electronics & Software |
| 35 | Business, Advertising, Marketing |
| 41 | Education, Training |
| 42 | Technology & IT |
| 5 | Pharmaceuticals |
| 25 | Clothing, Apparel |
| 43 | Food, Hotels, Catering |
✅ You can register multiple classes for full brand protection.
Trademark Registration Process (Step-by-Step)
Step 1: Trademark Search
- Conduct a comprehensive trademark availability search at IP India Portal.
- Check for conflicting or identical marks in same class.
📌 RegistrationMART provides free expert search with legal opinion.
Step 2: Choose the Right Class(es)
- Select class based on product/service
- You may need multiple classes (eg. software = Class 9, IT services = Class 42)
Step 3: Filing Application (Form TM-A)
- Application can be filed online or offline
- Filed with Controller General of Patents, Designs & Trademarks
- Fees depend on applicant type & number of classes
Step 4: Allotment of Application Number
Once filed, you receive a unique TM application number — this grants the right to use ™ symbol.
Step 5: Examination by Registry
- Registrar examines application under Section 9 and 11
- May raise objections if similarity or descriptiveness is found
Step 6: Reply to Objection (if any)
- File a written reply with supporting arguments
- You may need hearing with registrar
Step 7: Publication in Trademark Journal
If accepted, mark is published in the Official Trademark Journal for 4 months.
- Public can oppose during this period.
Step 8: Trademark Registration Certificate
If no opposition (or resolved), registration certificate is issued.
You now have full rights to use the ® symbol.
Time Taken to Register a Trademark
| Stage | Duration |
| Filing to Application No. | 1–2 days |
| Examination | 2–4 months |
| Objection Reply (if any) | Within 30 days |
| Journal Publication | 4 months |
| Certificate Issuance | 6–12 months (if no opposition) |
Documents Required
| Document | For |
| PAN & Aadhaar / Company PAN | KYC |
| Logo (optional for wordmark) | Trademark graphic |
| Power of Attorney (TM-48) | Authorize agent |
| Proof of Business (GST/COI) | Applicant type |
| MSME/Startup Certificate (optional) | For fee discount |
Trademark Registration Cost
| Applicant Type | Govt Fee (Per Class) |
| Individual / Startup / MSME | ₹4,500 |
| Company / Others | ₹9,000 |
👉 RegistrationMART offers all-inclusive packages starting at just ₹1,999 + Govt. Fees.
Common Objections & How to Avoid Them
| Objection Reason | How to Avoid |
| Similar to existing mark | Do deep search |
| Descriptive or generic name | Use coined/fanciful words |
| Lack of distinctiveness | Combine with unique logo |
| Improper class | Choose correct class(es) |
| Incomplete documents | Use expert filing service |
™ vs. ® Symbols – What’s the Difference?
| Symbol | Meaning |
| ™ | Applied for trademark |
| ® | Registered trademark – legally enforceable |
You cannot legally use ® unless registered.
FAQs on Trademark in India
Q1. Is trademark registration mandatory?
🟥 No, but highly recommended for brand protection and legal rights.
Q2. Can I trademark my business idea?
🟥 No. Only name, logo, design, etc. can be protected — not abstract ideas.
Q3. What if someone copies my logo?
🟩 If registered, you can send legal notice and sue for infringement.
Q4. Can foreigners apply for trademarks in India?
🟩 Yes. Foreign companies and individuals can file via authorized agent.
Q5. Is my trademark valid globally?
🟥 No. Indian registration is valid only in India. For other countries, file through Madrid Protocol.
Why Choose RegistrationMART for Trademark Filing?
- ✅ 10+ Years of Legal & IP Experience
- ✅ Dedicated IP Attorneys & CS Team
- ✅ Smart Class Search & Legal Opinion
- ✅ Objection Handling & Hearing Support
- ✅ MSME Registration Assistance for Lower Fees
- ✅ Full Service from ₹1,999 Only
Thousands of Indian brands have secured their identity and future with RegistrationMART.
Final Thoughts
Your brand is your promise, your reputation, and your most valuable asset.
Letting it go unprotected exposes you to theft, misuse, and legal complications.
A registered trademark is the first step in building a trusted, long-lasting business and a foundation for everything from marketing to investment to global expansion. At RegistrationMART, we’re not just service providers we’re your long-term legal partners, helping you protect what matters most: your brand
