Trademark Registration in India — Complete Guide (2025)
Protect your brand name, logo, tagline or sound — step-by-step trademark filing, class search, objections handling and costs by RegistrationMART.
1. What is a Trademark?
Under the Trade Marks Act, 1999, a trademark is “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 practice this includes words, logos, slogans, sounds, shapes, colors and combinations that identify your business.
2. Why Should You Register a Trademark?
- Legal Protection — Prevent others from using your brand.
- Exclusive Rights — Right to use the mark and to license or sell it.
- Brand Credibility — Boosts trust with customers & investors.
- Monetisation — Licensing, franchising or sale.
- Right to Sue — Enforce against infringement.
- International Basis — Supports foreign filings (Madrid Protocol).
3. Types of Trademarks Recognized in India
| Type | Examples |
|---|---|
| Word Mark | TATA, ZOMATO |
| Logo Mark | Apple logo, Nike Swoosh |
| Tagline / Slogan | “Just Do It” |
| Sound Mark | Bank chimes, jingles |
| Color / Packaging | Red sole (Louboutin) |
| Shape Mark | Coca-Cola bottle |
4. Who Can Apply?
Applicants include Individuals, Sole Proprietors, Startups, MSMEs, Partnership Firms, LLPs, Private/Public Limited Companies, Trusts, Societies and Foreign entities (via local agent).
Tip: Startups and MSMEs get a 50% concession on government filing fees.
5. What Can Be Trademarked?
Marks must be distinctive and non-descriptive. They must not conflict with existing marks, offend public policy, or be generic.
Not registrable: Government emblems, common surnames (unless distinctive), purely descriptive words used in trade, marks hurting sentiments.
6. Trademark Classes & Classification
India follows the Nice Classification — 45 classes (1–34 for goods; 35–45 for services). You may file in multiple classes for broader protection.
| Class | Typical Goods / Services |
|---|---|
| 9 | Electronics, software |
| 35 | Business, advertising, marketing |
| 41 | Education, training |
| 42 | Technology, IT services |
| 5 | Pharmaceuticals |
| 25 | Clothing, apparel |
| 43 | Food, hotels, catering |
7. Step-by-Step Trademark Registration Process
- Trademark Search — Conduct availability search on IP India portal. RegistrationMART provides expert free searches and legal opinion.
- Choose Correct Class(es) — Map goods/services to correct Nice classes (multiple classes if required).
- Filing (Form TM-A) — File online or offline with Controller General of Patents, Designs & Trademarks. Attach required docs and pay fees.
- Application Number — Receive unique TM application number (you may use ™).
- Examination — Registrar examines under Sections 9 & 11; objections may be raised.
- Reply to Objection — File arguments/affidavits; attend hearing if required.
- Publication — If accepted, mark is published in the Trademark Journal for 4 months; third parties can oppose.
- Registration Certificate — If unopposed or opposition resolved, certificate issued and ® may be used.
8. Timeline & Validity
| Stage | Typical Duration |
|---|---|
| Filing to App. No. | 1–2 days |
| Examination | 2–4 months |
| Objection Reply | Within 30 days (extension possible) |
| Journal Publication | 4 months (opposition window) |
| Certificate Issuance | 6–12 months (if unopposed) |
Validity: Registered trademark is valid for 10 years from filing and renewable every 10 years.
9. Documents Required
| Document | Purpose |
|---|---|
| PAN & Aadhaar / Company PAN | KYC of applicant |
| Logo / Wordmark Image (PNG/SVG) | Trademark representation |
| TM-48 Power of Attorney | If agent files on applicant’s behalf |
| Proof of Business (GST / COI) | Applicant type verification |
| MSME / Startup Certificate | For concession on fees |
10. Trademark Cost & Government Fees
| Applicant Type | Govt Fee (Per Class) |
|---|---|
| Individual / Startup / MSME | ₹4,500 |
| Company / Others | ₹9,000 |
RegistrationMART offers end-to-end packages starting at ₹1,999 + Govt. fees (package varies by services selected).
11. Common Objections & How to Handle Them
| Objection Reason | How to Overcome |
|---|---|
| Similarity to existing mark | Provide distinctions, co-existence arguments, disclaimers, or amend representation. |
| Descriptive or generic | Show acquired distinctiveness via use, advertising evidence, or amend to a fanciful mark. |
| Lack of distinctiveness | Pair word with a unique logo or stylization. |
| Wrong class | File correct class or submit corrected forms. |
12. ™ vs ® Symbols — What They Mean
™ — You may use this once an application is filed or simply to claim a mark.
® — Use this only after the Registrar issues the registration certificate. Using ® without registration is an offence.
13. FAQs
- Q1. Is trademark registration mandatory?
- No, but registration gives legal exclusivity and stronger enforcement rights.
- Q2. Can I trademark an idea or concept?
- No — only tangible signs (names, logos, sounds, shapes) can be protected, not abstract ideas.
- Q3. Can foreigners apply?
- Yes — foreign applicants must file through an authorized Indian agent or use prescribed procedures.
- Q4. Is Indian registration valid worldwide?
- No. For international protection you can use the Madrid Protocol or file in individual countries.
14. Why Choose RegistrationMART?
- 10+ years legal & IP experience
- Free class search & legal opinion
- Objection handling & hearing support
- MSME/startup fee concessions assistance
- Transparent pricing and post-registration support
