Trademark Registration Online in India
Overview
Trademark registration is the legal process of securing exclusive ownership rights to your brand name, logo, tagline, or symbol. In India, it is regulated by the Trade Marks Act, 1999, which grants individuals and businesses the authority to protect their unique brand identity and prevent unauthorized use by others.
At LegalNurture, we make online trademark registration simple, transparent, and efficient. Our team of experienced trademark professionals assists you with conducting comprehensive trademark availability searches, filing and tracking your TM-A application, responding to objections or oppositions raised during the examination process, and managing renewals and ownership transfers.
Safeguard your brand identity with LegalNurture — your trusted partner for end-to-end trademark registration and protection.
The process involves filing Form TM-A with the Trademark Registry under the Controller General of Patents, Designs, and Trade Marks (CGPDTM). Applicants must select the appropriate trademark class corresponding to their goods or services to ensure precise legal protection. Once registered, the owner obtains the right to use the ® symbol, signifying that the trademark is officially recognized and legally protected throughout India. We ensure your brand receives complete legal protection and a strong foundation for long-term recognition and value in the marketplace.
A trademark is a form of intellectual property that includes any word, phrase, logo, design, symbol, or a combination thereof, used to uniquely identify and distinguish the goods or services of one entity from those of others. Under the Trade Marks Act, 1999, trademarks can also extend to elements such as the shape of goods, packaging styles, or specific color combinations, provided they can be graphically represented and are capable of differentiating one brand from another. Trademarks play a crucial role in building brand recognition, trust, and loyalty by serving as a visual signature of authenticity and quality.
Types of Trademarks
Product MarkA Product Mark is used to identify and distinguish goods rather than services. It includes brand names, logos, or symbols that represent tangible products.Amul, Parle-G, Tata Tea
Service MarkA Service Mark identifies and distinguishes services offered by a business rather than physical goods. These marks help consumers associate a specific service with a particular provider.Airtel, Ola Cabs, MakeMyTrip
Certification MarkA Certification Mark is granted to products or services that meet specific quality standards or criteria established by regulatory authorities. It assures consumers of verified compliance.ISI Mark, FSSAI Mark, Agmark
Collective MarkA Collective Mark is used by a group, organization, or association to represent goods or services provided by its members, ensuring uniformity and credibility.CA (Chartered Accountants Association), CII (Confederation of Indian Industry)
Shape MarkA Shape Mark protects the unique and distinctive shape or appearance of a product or its packaging, making it instantly recognizable.Coca-Cola Bottle, Toblerone Bar, KitKat Bar Shape
Pattern MarkA Pattern Mark safeguards distinctive patterns or repetitive designs used on products or packaging that help distinguish one brand from another.Louis Vuitton Monogram Pattern, Burberry Check Pattern
Sound MarkA Sound Mark protects distinctive sounds that identify a brand. These sounds become strongly associated with the company or its products.ICICI Bank Tune, Nokia Ringtone, Intel Sound Logo
Symbol MarkA Symbol Mark provides protection for unique visual symbols or icons that serve as brand identifiers. Example: Legal Nurture Logo.Nike Swoosh, Starbucks Siren Logo, Apple Logo, Legal Nurture Logo
Color MarkA Color Mark safeguards distinctive colors or color combinations associated with a brand, provided they are unique and recognizable.Cadbury Purple, Tiffany Blue, Reliance Jio Red-Blue Combination
Motion MarkA Motion Mark protects animated logos, sequences, or short videos used in branding, typically found in digital media or film openings.Google Doodle Animation, Microsoft Windows Startup Animation, Paramount Pictures Logo Sequence
Trademark Symbols
The ™ symbol is used for trademarks that have been applied for but not yet registered. It can be used for both goods and services once an application has been filed with the Trademark Registry. Using this symbol helps indicate ownership intent and provides public notice that a brand name or logo is under trademark consideration — discouraging unauthorized use by competitors.
The ® symbol is used only after a trademark has been officially registered with the Registrar of Trademarks under the Trade Marks Act, 1999. This symbol signifies exclusive ownership rights, and unauthorized use of a registered mark can lead to legal action against infringers. The ® symbol represents full protection of your intellectual property and confirms legal recognition of your brand.
The ℠ symbol, or Service Mark, is used to identify unregistered service marks. It functions similarly to the ™ symbol but specifically applies to services rather than goods. It helps distinguish one service provider’s offerings from another, particularly during the registration pending phase.
Benefits of Trademark Registration
Protect your brand identity and gain exclusive rights across India
Why Register a Trademark?
Trademark Registration Checklist
Pre-Filing Requirements
- Trademark Search: Conduct a comprehensive search to ensure uniqueness and determine the correct class.
- Vienna Codification: For logos, check graphical elements classification.
- Applicant Eligibility: Confirm who can apply (individuals, companies, etc.).
Filing Process
- Prepare Documents: Gather Form TM-A, logo/image, power of attorney, proofs, and affidavit.
- Submit Application: File with Trademark Registry via e-filing.
- Examination and Response: Address any objections raised during examination.
- Publication and Opposition: Monitor journal publication and handle oppositions if any.
Post-Filing Compliance
- Certificate Issuance: Obtain registration certificate upon approval.
- Renewal Preparation: Plan for 10-year renewal with Form TM-R.
- Monitoring: Regularly check for infringements and file amendments as needed.
Documents Required for Trademark Registration
Individuals & Sole Proprietorships
- Form TM-A – Application form for trademark registration
- Logo/Image (if applicable)
- Power of Attorney (Form-48) – Authorizing the agent or attorney to file on behalf of the applicant
- Identity Proof – Aadhaar Card, PAN Card, Passport, or Driving License
- Address Proof – Utility Bill, Voter ID, or Bank Statement
- User Affidavit – Declaration of trademark use
Partnership Firms
- Form TM-A
- Logo/Image (if applicable)
- Power of Attorney (Form-48)
- Partnership Deed or Firm Registration Certificate
- Identity & Address Proof of the Signatory Partner
- User Affidavit
- MSME Certificate (if applicable)
- Startup Recognition Certificate (DPIIT) (if applicable)
- Partnership PAN Card
Companies (Private Limited, Public Limited, or LLPs)
- Form TM-A
- Certificate of Incorporation or LLP Deed
- Power of Attorney (Form-48)
- Logo/Image (if applicable)
- Identity & Address Proof of Authorized Signatory
- User Affidavit
- MSME Certificate (if applicable)
- Startup Recognition Certificate (DPIIT) (if applicable)
- Company PAN Card or LLP PAN Card
Other Entities (Trusts, NGOs, and Associations)
- Form TM-A
- Logo/Image (if applicable)
- Certificate of Incorporation or Trust Registration Certificate
- Power of Attorney (Form-48)
- Identity & Address Proof of Authorized Signatory
- User Affidavit
- Trust PAN Card
- Trust Deed
- GST Registration Certificate (if applicable)
LegalNurture’s Trademark Registration Process
- 1. Trademark Search
Before filing, a comprehensive trademark search is conducted to ensure that your mark or logo is unique and not already registered. Our experts help you determine the correct trademark class (out of Classes 1–45) based on your goods or services and ensure the chosen mark is distinctive. - 2. Vienna Codification Check
If your trademark includes a logo or visual element, it must undergo Vienna Classification (Codification). This international system categorizes graphical elements to streamline the examination process and avoid conflicts during registration. - 3. Filing the Trademark Application
Once the mark is finalized, our legal team files the application using Form TM-A with the Trademark Registry. All necessary details — including applicant information, class, and logo design — are submitted to ensure compliance with procedural and legal standards. - 4. Formality Check – Pass or Fail
After submission, the Trademark Registrar reviews the application for completeness. If all details are correct, it passes the formality check. If any discrepancies are found, they must be rectified before moving forward. - 5. Trademark Examination
A Trademark Officer examines the application to verify that the mark adheres to all provisions of the Trade Marks Act, 1999. If objections are raised, LegalNurture’s experts review the Examination Report and assist you in preparing a formal response to address them effectively. - 6. Trademark Hearings (If Required)
If objections remain unresolved, the applicant may be called for a hearing before the Trademark Registrar. Our legal specialists represent you during hearings, ensuring that your case is presented clearly and in compliance with procedural norms. - 7. Publication in the Trademark Journal
Once the Registrar approves the trademark, it is published in the Trademark Journal for public scrutiny. If no opposition is filed within four months, the application proceeds to the registration stage. - 8. Trademark Opposition Proceedings (If Any)
If a third party files an opposition, LegalNurture assists in drafting responses, attending hearings, and managing legal proceedings to resolve the dispute and protect your rights. - 9. Issuance of Trademark Registration Certificate
Upon successful completion of all stages, the Trademark Registrar issues a Trademark Registration Certificate, officially granting ownership rights to the applicant. The trademark remains valid for 10 years and can be renewed indefinitely to maintain continued protection.
Post-Registration Procedures for Trademarks
After your trademark is successfully registered, there are several important post-registration actions to ensure your brand remains legally protected and up to date. These include timely renewals, amendments, transfers, and regular monitoring to prevent infringement or misuse.
- Trademark Renewal: Every 10 years, the trademark must be renewed to maintain its validity and legal protection.
- Amendments: Any modifications to ownership details, address, or mark design must be filed using Form TM-P with the Trademark Registry.
- Assignment or Transfer: In cases of ownership transfer, merger, or business sale, the change must also be recorded via Form TM-P to legally update the trademark holder’s details.
- Infringement Monitoring: Conducting regular trademark checks ensures no other entity is using a similar mark that could dilute or infringe upon your registered rights.
- Opposition Handling: If any opposition or legal challenge arises post-registration, it must be addressed promptly within the prescribed period to safeguard your ownership.
Trademark Renewal Process
Trademark registration in India is valid for 10 years from the date of application and can be renewed indefinitely in successive 10-year terms. To continue enjoying exclusive ownership rights, the renewal must be completed before expiry through the filing of Form TM-R along with the required documents and government fees.
Documents Required for Trademark Renewal
- Form TM-R: Application form for trademark renewal.
- Trademark Registration Certificate: A certified copy of the original trademark certificate.
- Form TM-A: Certified copy or original of the initial registration application.
- Identity & Address Proof: Valid government-issued photo ID (Aadhaar, Passport, PAN) and proof of residence.
- Power of Attorney: If the renewal is being handled by an authorized trademark agent or legal representative.
Trademark vs Copyright vs Patent
| Category | Trademark | Copyright | Patent |
|---|---|---|---|
| Purpose of Protection | Protects brand identifiers such as names, logos, symbols, slogans, or packaging that distinguish goods and services. | Protects creative and artistic works like books, music, films, software, and art. | Protects new inventions, processes, or scientific innovations that provide technical advancement. |
| Governing Law (India) | Trade Marks Act, 1999 | Copyright Act, 1957 | Patents Act, 1970 |
| Duration of Protection | Valid for 10 years from registration and can be renewed indefinitely. | Valid for the lifetime of the author + a set period | Valid for 20 years from the date of filing the patent application. |
| Application Authority | Controller General of Patents, Designs & Trade Marks (CGPDTM) | Copyright Office, Government of India | Indian Patent Office (IPO) |
| Key Requirements | Must be unique, distinctive, and capable of identifying the source of goods or services. | Must be original and expressed in a tangible or fixed form (e.g., written, recorded, or digital). | Must be novel, inventive, and industrially applicable. |
| Scope of Protection | Protects the brand identity from imitation or misuse. | Protects the expression of an idea, not the idea itself. | Protects the technical innovation or process from being made, used, or sold without authorization. |
| Enforcement | Enforced through civil and criminal actions in case of infringement. | Enforced through civil suits for damages or injunctions. | Enforced through legal proceedings for infringement or unauthorized use. |
| Examples | Nike’s “Swoosh” logo, McDonald’s Golden Arches | Film “Dangal,” software code, or music compositions | The electric bulb, COVID-19 vaccine technology, or new drug formulas |
Trademark Registration Fees
Trademark registration in India is a straightforward and affordable process when handled with expert guidance. The government filing fees vary depending on the type of applicant and the mode of filing.
| Applicant Type | Government Fees (per class) | Mode of Filing |
|---|---|---|
| Individuals, Startups, and MSMEs | ₹4,500 | e-Filing |
| Companies and LLPs | ₹9,000 | e-Filing |
| Physical Filing (All Applicants) | Slightly higher than e-Filing | Offline Submission |
Choosing the Correct Trademark Class
Selecting the correct trademark class is a crucial part of the registration process. India follows the Nice Classification system, where Classes 1–34 cover goods and Classes 35–45 cover services. Choosing the appropriate class ensures that your trademark is legally protected for the exact type of product or service you offer. Each class represents a different business category, and an incorrect selection may limit your protection or expose your brand to infringement risks.
Class 9
Software, electronic devices, and computer products
Class 25
Clothing, footwear, and headgear
Class 35
Advertising, business management, and consultancy services
Class 41
Education, training, and entertainment services
Class 43
Restaurants, hotels, and food service businesses
Registering under the correct trademark class helps safeguard your brand identity and prevents others from using a similar mark in the same industry segment.
Who Can Apply for Trademark Registration?
Any person or entity claiming ownership of a brand name or mark can apply for trademark registration in India. The following entities are eligible to file an online application:
- Individuals
- Joint Owners of a business or company
- Proprietorship Firms
- Partnership Firms (up to 10 partners)
- Limited Liability Partnerships (LLPs)
- Indian Companies (Private or Public Limited)
- Foreign Companies operating in India
- Trusts and NGOs
- Societies and Associations
How LegalNurture Simplifies Trademark Registration
Eligibility Check
We guide you on who can apply and ensure your entity qualifies for seamless registration.
Comprehensive Search
Conduct thorough trademark availability searches to avoid conflicts and select the right class.
Document Handling
Prepare and review all required documents, including Form TM-A and affidavits.
Filing and Tracking
Handle e-filing with the Trademark Registry and track application status.
Objection Response
Expertly address examination reports, hearings, and oppositions.
Post-Registration Support
Assist with renewals, amendments, and infringement monitoring.
Fee Optimization
Advise on cost-effective filing options based on applicant type.
Global Extension
Facilitate international protection via Madrid Protocol.