Introduction: Why Trademark is the Identity and Asset of Your Business
In a rapidly evolving business environment, where new companies emerge daily and online presence is critical, protecting your brand name, logo, tagline, or product identity is more important than ever. A trademark isn’t just a legal tool it is your brand’s face, reputation, and intellectual property.
With 10+ years of experience, RegistrationMART has helped thousands of entrepreneurs, startups, and established companies in India, the USA, Europe, and beyond secure and protect their brand assets through professional trademark services.
In this comprehensive article, you will learn:
- What is a trademark?
- What can and cannot be trademarked
- Why registration is crucial
- Trademark classification (Nice Classes)
- The registration process (step-by-step)
- Common objections and how to respond
- Fees, duration, and renewal
- International trademark protection
- Role of RegistrationMART in your IP journey
Let’s explore how to protect your ideas and empower your innovation with a registered trademark.
Table of Contents
- What is a Trademark?
- Legal Basis: Trademark Act, 1999
- What Can Be Trademarked?
- What Cannot Be Trademarked?
- Benefits of Trademark Registration
- Trademark vs. Company Name vs. Domain Name
- Trademark Classes (Nice Classification)
- Trademark Search – First Step
- Types of Trademark Applications
- Documents Required
- Step-by-Step Registration Process
- Examination, Objection & Reply
- Trademark Hearing and Appeal
- Publication in Journal & Opposition
- Trademark Registration Certificate
- Validity and Renewal
- Using ® vs. ™ Symbols
- International Trademark Protection (Madrid Protocol)
- Infringement & Remedies
- Role of RegistrationMART in Trademark Protection
1. What is a Trademark?
A trademark is a unique sign, symbol, word, name, logo, design, or expression used by a person or business to distinguish their goods or services from others in the market.
It is an intellectual property that provides exclusive legal rights to the owner to use the mark and stop others from using similar marks.
2. Legal Basis: The Trade Marks Act, 1999
Trademark law in India is governed by:
- The Trade Marks Act, 1999
- Rules framed under the Act
- Administered by the Controller General of Patents, Designs & Trademarks, Ministry of Commerce & Industry
The Act provides for registration, protection, and enforcement of trademarks and penalizes infringement.
3. What Can Be Trademarked?
You can register a trademark for:
- Brand name or company name (e.g., RegistrationMART)
- Logo or device mark
- Slogans or taglines (e.g., Protecting Ideas, Empowering Innovation)
- Sound marks (e.g., ICICI jingle)
- Color combination
- Packaging or trade dress
- Domain name (in some cases)
4. What Cannot Be Trademarked?
According to Section 9 & 11 of the Act, a trademark cannot be registered if it:
- Is generic or descriptive (e.g., “Best Food”)
- Is identical or deceptively similar to existing marks
- Hurts religious sentiments
- Is obscene or scandalous
- Contains geographical names
- Lacks distinctive character
- Is prohibited by Emblems and Names Act
5. Benefits of Trademark Registration
| Benefit | Impact |
| Exclusive Legal Right | Sole ownership & usage rights |
| Brand Protection | Prevents misuse and counterfeiting |
| Valuable Asset | Can be sold, licensed, franchised |
| Customer Trust | Enhances credibility and visibility |
| Global Expansion | Basis for foreign trademark filings |
| Legal Remedy | Easy to take action against infringers |
| Online Platform Protection | Amazon, Flipkart, etc., require it |
6. Trademark vs. Company Name vs. Domain
| Feature | Trademark | Company Name | Domain Name |
| Legal Protection | Yes | No | No |
| Ownership | Individual/Firm | MCA Registered Entity | Registrar |
| Enforceable Rights | Yes | No | No |
| Duration | 10 years (renewable) | Lifetime (as long as registered) | Depends on renewal |
Trademark gives enforceable brand rights the other two do not.
7. Trademark Classes – Nice Classification
There are 45 classes:
- Class 1–34: Goods
- Class 35–45: Services
| Class | Category | Example |
| 9 | Software, electronics | App, gadgets |
| 35 | Business services | Marketing, consultancy |
| 41 | Education | Coaching, training |
| 25 | Apparel | Clothing, shoes |
Choosing the right class is critical. You can register in multiple classes.
8. Trademark Search – Do Not Skip
Before applying, always do a public search at ipindia.gov.in or through RegistrationMART.
We help identify:
- Similar/identical trademarks
- Objectionable entries
- Suggestions for modifications
- Avoidance of rejection
9. Types of Applications
| Type | Description |
| Individual | Sole proprietorship marks |
| Partnership | Joint applicants |
| Company | Registered companies (Pvt Ltd, LLP) |
| NGO | Trusts, societies |
| Foreign Applicant | International filings |
| MSME/Startup | Eligible for 50% government fee rebate |
10. Documents Required
- Logo (if any) in JPEG
- Applicant’s details (PAN, Aadhaar)
- MSME/Udyam certificate (if applicable)
- Incorporation/partnership deed
- Power of attorney (TM-48)
- Board resolution (for companies)
11. Step-by-Step Registration Process
Step 1: Trademark Search
Avoids conflicts and improves acceptance rate.
Step 2: File Application – Form TM-A
Can be done online or offline with required fee.
Step 3: Allotment of Application Number
Track status using this.
Step 4: Vienna Codification
Applicable if logo or design is filed.
Step 5: Examination
Registrar checks for legality, distinctiveness, and similarity.
Step 6: Objection (if any) – File Reply
Handled via TM-M and supporting evidence.
Step 7: Hearing (if needed)
Oral submissions and clarification before Registrar.
Step 8: Publication in Trademark Journal
Public can oppose within 4 months.
Step 9: Registration
If no opposition – Trademark Certificate is issued.
12. Objections and How to Handle Them
Common Grounds:
- Section 11: Similar to existing mark
- Section 9: Lacks distinctiveness
- Descriptive or misleading marks
Our experts at RegistrationMART:
- Draft powerful legal replies
- Submit evidence of use
- Represent in hearings
- Improve chances of registration
13. Trademark Hearing & Appeal
If objections are not resolved through written replies:
- Hearing is scheduled before the Examiner
- Oral arguments + document presentation
- Final decision is made
- In case of refusal → Appeal to IPAB (now merged with High Courts)
14. Journal Publication & Opposition
Once accepted, mark is published in:
Trademark Journal at ipindia.gov.in
Public has 4 months to file opposition using TM-O.
15. Trademark Certificate
Issued in soft copy with:
- Trademark Number
- Owner Details
- Class(es)
- Date of Use (if claimed)
- Description
Now you can officially use ® symbol.
16. Validity & Renewal
- Valid for 10 years from date of application
- Renewable every 10 years indefinitely
- Renewal should be filed before expiry
- Late renewal allowed with penalty (within 6 months)
17. ™ vs. ® Usage
| Symbol | Use When | Meaning |
| ™ | After filing application | Under process |
| ® | After registration granted | Legal trademark |
Never use ® without registration — it is a punishable offence.
18. International Trademark – Madrid Protocol
File in multiple countries through one application via:
Madrid Protocol – administered by WIPO
Easy, cost-effective
Protect in 100+ countries
Must have Indian base registration (basic application)
19. Infringement and Remedies
If someone copies or misuses your mark:
- Cease & Desist Notice
- Civil Suit for damages/injunction
- Criminal Complaint for counterfeit
- Take-down on Amazon, Flipkart, Instagram, etc.
Our legal team handles IP enforcement nationwide.
20. Why Choose RegistrationMART?
- 10+ Years of Experience
- Handled 3000+ IP Applications
- Trademark Search + Drafting + Objection + Renewal
- Experts in cross-border filing (Madrid Protocol)
- Legal team includes Advocates, CAs, and CS
- Timely updates and transparent pricing
Whether you’re a startup, exporter, influencer, eCommerce seller, or brand, we help protect your most valuable asset your name.
Conclusion: Trademarks Are the Future Currency of Brands
In 2025 and beyond, business is not just about products, but brand identity and recall. A trademark is your legal wall of protection, a marketing weapon, and a business legacy.
Let RegistrationMART handle your IP while you build your business.
