Trademark Registration in India

A trademark is more than a logo or a catchy phrase; it is the legal identity of a business in today’s competitive environment. For Indian companies and startups, securing this identity is no longer optional. As businesses scale and expand digitally, the need for brand protection has become legally essential. A registered trademark in India offers exclusivity, legal protection, and market distinction, which collectively reduce the risk of infringement and brand dilution.

The Indian Trade Marks Act, 1999, provides the statutory framework for trademark registration in India, covering everything from application to objection resolution. Over 4.8 lakh trademark applications were filed in 2022–23, reflecting growing awareness among entrepreneurs. However, many businesses still skip registration due to either misinformation or reliance on unregulated branding practices, ignorance, etc., which is not wise from a legal standpoint.

Trademark registration provides:

Legal ownership of a brand name or logo under Indian law
The ability to sue for infringement in case of misuse
Brand value creation for startups and MSMEs seeking investment
Nationwide recognition and protection under Indian trademark law
Entry into global systems like the Madrid Protocol (post-registration)

Yet, many founders are not aware of the documents required for trademark registration, or they assume the process is too complex. That’s one reason why errors in class selection or wrong forms like TM-C (instead of TM-A) keep delaying approvals.

In practical terms, knowing how to register a trademark in India is not about filing a form; it’s about aligning your branding with legal strategy. Whether you’re a startup launching a new brand or a manufacturer protecting decades-old goodwill, your trademark is a business asset awaiting legal consequences if left unregistered.

Here’s a simple, trademark lawyer-approved guide to help you navigate trademark registration in India, from eligibility and process to trademark registration cost and legal risks to avoid.

What is a Trademark?

In Indian commercial law, a trademark is not just a symbol; it is a legally recognized representation of a business’s identity. Under Section 2(zb) of the Trade Marks Act, 1999, a trademark refers to any word, name, symbol, device, label, numeral, or combination thereof that distinguishes the goods or services of one person from those of others in the market. While trademarks may often be seen as logos or taglines, the legal definition under Indian law is much broader and encompasses non-conventional marks as well.

A valid trademark in India must be capable of being represented graphically and capable of distinguishing the applicant’s goods or services from those of others. The essential attributes of a registrable trademark include uniqueness, distinctiveness, and non-generic usage in commercial space. However, many small businesses don’t understand these eligibility nuances.

Types of Trademarks Recognised in India:

Type	Description
Wordmark	A textual mark consisting of letters, words, or numerals
Logo Mark	A stylized design or graphical element
Device Mark	A combination of image and text, often used in brand labels
Sound Mark	A specific sound that becomes associated with a product or company (e.g., jingle)
Shape Mark	Unique shapes of products or packaging, if inherently distinctive
Color Mark	In rare cases, a single color or combination may be protected (difficult to prove)

These categories are open for registration under Indian trademark law, provided the mark satisfies the criteria of distinctiveness.

What Makes a Strong Trademark?

A strong trademark is one that not only complies with statutory definitions but also withstands objections, oppositions, and future infringement challenges. Qualities that make a trademark legally robust include:

Distinctiveness: The more unique, the less likely it is to be rejected. Invented or coined terms perform better than descriptive ones.
Non-descriptive nature: Words that directly describe the product (e.g., “sweet” for candy) usually get rejected.
Non-resemblance to existing trademarks: A proper trademark search should rule out similar or confusingly identical marks.
Capacity for brand recall: While not a legal test, strong recall enhances protection due to a stronger consumer association.

Some businesses make a mistake by choosing trademarks that are either too generic or directly taken from existing market players. Such cases may lead to rejection at the examination stage, or worse, infringement litigation if a similar mark is already registered.

In many applications, the failure to represent the trademark graphically or the improper classification under the Trademark Classification system results in procedural delays. Few people still think the process is just a formality, which it is not.

Understanding what a trademark under Indian law is helps in shaping your application strategy from the outset. For any business investing in branding, it is legally advisable to begin with a mark that is both commercially appealing and legally enforceable.

Who Can Apply for a Trademark in India?

In India, the right to apply for a trademark isn’t limited just to companies or business houses and that’s a misconception we’ve seen often, especially with newer entrepreneurs. Whereas the truth is, under the Trade Marks Act, 1999, any person or legal entity claiming to be the proprietor of a trademark used (or proposed to be used) about goods or services is eligible to apply. The emphasis here is on “claiming to be the proprietor”, not necessarily someone already using the mark, but someone intending to.

A lot of people rush into filing without considering who the actual applicant should be, and that creates problems later, during oppositions, during licensing deals, and definitely during fundraising or acquisition due diligence. We’ve seen sole founders apply in their name when the business was already incorporated, and that’s a classic mistake. Because the IP then stays with the individual, not the company, which breaks the chain of title during IP assignments.

So, who can apply? Here’s a breakdown:

Individuals or Sole Proprietors: Yes, an individual running a business under their name or trade name can file. But the application must clearly say it’s in personal capacity.
Startups and MSMEs: Registered startups and MSMEs (as recognized by DPIIT or MSME portal) can apply with reduced government fees. The key mistake here is forgetting to attach proof of recognition, which can delay or derail the application.
Partnership Firms and LLPs: These entities can file too, but with a note, in case of partnership firms, all partner names must be mentioned. For LLPs, the application has to be in the LLP’s registered name, not in the partner’s name.
Private Limited or Public Companies: Applications must be filed in the company’s name, not under the director’s name, which we still see more often than one might think.
Trusts or Societies: If they offer services or branding activities, they’re eligible to apply.
Foreign Entities: They can apply as well, even if they have no place of business in India, but they must file through a local agent or trademark attorney. Still, some foreign brands incorrectly try to file directly, which is not in line with the procedure.

Some incorrect practices we often come across:

Filing by brand consultants or freelancers on behalf of the business without any legal authority or board resolution.
Using outdated business names or trade names that have no legal existence.
Filing the same mark under different names (individual, company, startup) results in overlapping ownership and enforcement issues.

Joint applications are possible where two or more parties have shared rights. But unless that relationship is clearly defined, by way of a co-branding agreement or ownership clause, it creates ambiguity, especially during renewal or enforcement.

Even though legally, the provision seems inclusive, the practical advice is to file in the name of the entity so that the entity continues to own it and remains used by the entity. It makes future transfers, licensing, investor discussions, and even enforcement so much easier.

In short, trademark registration in India is accessible to many types of applicants, but whether you’re an individual, LLP, or a foreign entity, accuracy in how and who applies makes all the difference.

Documents Required for Trademark Registration in India

When it comes to trademark registration in India, the application process is not just about choosing the right mark, it also depends heavily on whether the supporting documents are in order. Many trademark applications are either objected to or delayed not because the mark is weak, but simply due to errors or omissions in documentation.

Most applicants, especially startups and small businesses, either miss critical forms or upload incomplete versions, which unfortunately, leads to procedural delays or even rejection. Based on our collective experience advising clients across sectors, here’s a realistic breakdown of documents required for trademark registration, depending on the type of applicant.

Basic Documents Required (All Applicants)

Document Name	Purpose
PAN Card & Aadhaar / ID Proof	Proof of identity of the applicant (individual / director / authorized signatory)
Power of Attorney – Form TM-48	Mandatory for authorizing a trademark attorney or agent to file and represent the applicant
Trademark Logo (JPEG, optional)	Not mandatory for wordmarks. Required if the trademark includes a logo or stylized text
Signed Application Form (TM-A)	Core application format for filing the trademark

Additional Documents Based on Entity Type

For Companies / LLPs
- Certificate of Incorporation.
- Board Resolution (not mandatory but advisable when directors sign the PoA).
- MSME or Startup India certificate (if claiming fee reduction).
For Partnership Firms
- Partnership deed.
- Names and details of all partners must be provided in the application.
For Foreign Applicants
- Proof of business existence in the country of origin.
- Duly executed Form TM-48 from a foreign signatory or local POA with an apostille (depending on the country).

Key Errors We Commonly See:

Uploading a PAN card with an unclear scan often results in technical rejection
Filing Form TM-48 without a signatory’s designation (especially in the case of companies)
Using personal Aadhaar instead of company KYC when the applicant is a registered entity
Not submitting the startup recognition certificate while selecting the MSME fee category

Let’s be clear: the trademark process for startups is quite simplified compared to what it used to be, but incomplete documents still account for over 35% of all initial objections under Form TM-A. It’s not that the law is overly strict; it’s that the registrar under the Trademarks Act has become cautious about bogus or unclear claims to ownership.

Often there’s a bit of confusion around the logo upload. If you’re registering a wordmark, uploading a logo is not needed, and in some cases, it’s better not to. Because once a design is locked into the application, future changes (like font updates or stylisation changes) may require a fresh application or amendment, which is costly and time-consuming.

For businesses applying through consultants or agencies, ensure that the Power of Attorney (TM-48) is signed correctly, dated, and uploaded on time. This small form is often overlooked, but is necessary to validate the filing.

Summary

Make sure to prepare the following before filing:

ID proof of the applicant
TM-48, duly signed and executed
Company or entity incorporation proof
MSME/startup certificate, if a fee concession is claimed
Logo (optional unless design-based mark)

If you miss any of these, the Registry won’t hesitate to raise objections, and once that happens, timelines can stretch indefinitely. For clean, efficient filing, get your documents organized before the trademark search or application starts.

Step-by-Step Process for Trademark Registration in India

Trademark registration in India, though governed by the Trademarks Act, 1999, isn’t always as procedural as it appears on paper. The Act lays down a sequence of steps, but practically, how those steps play out varies a lot depending on how cleanly the application is filed, what class is selected, and how quickly the applicant or their attorney responds to queries from the registry.

Sometimes, even when a mark is distinctive, delays happen just because there’s a mismatch in the applicant’s entity name, or they didn’t attach the proper Power of Attorney (Form TM-48). So, while it looks like a straightforward online filing process, many registrations end up stuck midway or abandoned due to basic oversights.

The main stages involved are:

Initial search (public search) – Not mandatory but always recommended. Most founders skip this and later find out a similar mark already exists. The IP India public search tool is free and very user-friendly.
Applying (Form TM-A) – The application must include correct details like the class, name of the owner, address, and whether the mark is a wordmark, logo, or both. A lot of people file under their name even when the brand belongs to the company, which can create ownership confusion later.
Examination report – Usually comes within 30 to 90 days. If there’s no objection, the mark proceeds to the journal. But even minor things, like spelling inconsistencies or unclear specification of goods/services, can trigger objections.
Reply to objections – Needs to be filed within 30 days. Sometimes, applicants file replies too late or give vague justifications. The registry often doesn’t entertain leniency here, and the mark gets marked as “abandoned” even if the brand is being used commercially.
Hearing (if scheduled) – Not all objections go to a hearing, but when they do, it’s generally a short opportunity to argue why the mark deserves to proceed. Online hearings are the norm now.
Journal publication – Once accepted, the mark is advertised in the Trademarks journal for a 4-month window during which anyone can file an opposition.
Opposition (if filed) – Oppositions are filed by parties who feel the mark is similar to theirs or that it’s deceptively similar. This process becomes quasi-judicial and may go on for 12–18 months.
Registration certificate – Issued if no one opposes or if the opposition is resolved in the applicant’s favour. Once registered, the mark is valid for 10 years and renewable.

Real-world points often overlooked:

Applicants forget that rights in a trademark start from the date of application, not the date of registration. So even if the certificate comes a year later, you can still take enforcement action from the filing date.
Most startups fail to link their domain name, brand name, and trademark class, which can be a problem later during investor due diligence.
Using the “TM” symbol without actually filing is legally harmless, but if you use the ® symbol without registration, that’s a punishable offence under Section 107 of the Act, and yet, many brands make that mistake openly in packaging and branding their products.

Practical Timeline Table

Stage	Duration (Avg.)
Examination tothe Journal	1–3 months
Examination the Journal	2–6 months
Opposition Period	4 months (fixed)
If Opposed – Resolution Time	12–24 months
Certificate Issuance	1–2 months post-opposition

Note: No clear deadline exists in the statute for the disposal of oppositions. Some remain pending for years unless followed up on proactively.

Common Mistakes to Avoid During Trademark Registration in India

Despite a fairly straightforward structure under the Trade Marks Act, 1999, the process of trademark registration in India often sees applications rejected or abandoned because of seemingly minor but practically damaging missteps. Even seasoned entrepreneurs and mid-sized legal teams have tripped up on what are essentially administrative oversights, but they can delay or entirely derail an application if not handled properly.

While the registry does provide procedural safeguards, like time extensions in some stages, the Trademarks registry rarely offers grace for avoidable errors. Below is a breakdown of what applicants commonly get wrong.

Common Errors to Watch For:

Filing under the wrong class: One of the most frequent reasons for rejection. For instance, tech startups often mistakenly file under Class 42 (software as a service) when they should have filed under Class 9 (downloadable software). Incorrect classification can mean the entire mark is considered irrelevant to your business activity.
Skipping trademark search: Many businesses don’t conduct a trademark public search in India before filing. This increases the risk of applying for a mark that already exists or has a deceptively similar variant. Once your application is objected or opposed on this ground, there remains a very limited remedy.
Using generic or descriptive marks: Under Section 9 of the Act, marks that are merely descriptive (e.g., “Best Juice” for beverages) are barred from registration. Still, founders routinely pick names like “Fresh Laundry” or “Cool Water,” thinking they’re creative, but this will almost certainly get flagged as non-distinctive.
No proper documentation: Errors in Form TM-48 (Power of Attorney), absence of board resolution when filing through a company, or incorrect applicant names are all grounds for raising formal objections by the Registry. Sometimes, people miss the fact that they have to match the entity name exactly with how it’s listed in PAN/GST.
Missing deadlines: When an examination report is issued, the applicant has 30 days to respond. If they miss it, the mark is marked “abandoned”, and they’ll have to file a fresh application, wasting months. The registry rarely revives abandoned marks, even if the delay was small.

Table: Sample of Errors and Their Consequences

Mistake	Effect	Correction Possible?
Wrong class selected	Application irrelevant to your business	Only by refiling
No search before filing	High risk of similarity-based objection	Can’t be fixed, choose a new mark
Descriptive name (e.g., “Soft Soap”)	Rejection under absolute grounds	Can’t be fixed, choose new mark
Delay in reply to objection	Mark is treated as abandoned	Fresh filing needed
Mismatched applicant documents	Formally objected or kept pending	Reply with corrected papers

Additional Notes from Practice:

Some applicants file under their name, but later want to assign the mark to their startup, and this requires assignment documentation and filing Form TM-P, which is avoidable with a correct initial filing.
Others keep changing the logo or mark design after application, assuming the registry will accept updated versions, which is not permitted without filing a fresh application.
Lastly, not monitoring the status of the application post-journal publication has resulted in applicants missing oppositions filed against their marks. The registry doesn’t send personal alerts, tracking must be done manually or via an attorney.

Cost of Trademark Registration in India

The cost of trademark registration in India depends mainly on who is applying and whether the mark covers one class or multiple. While the Trade Marks Rules, 2017, lay down the government fee structure, what most businesses don’t account for is the professional fee, which, depending on the attorney or consultant, can vary quite a lot.

Startups and individuals are offered a reduced filing fee, which is part of the government’s effort to promote early-stage brand protection. But even then, applicants often get confused between the government cost and the total outlay. One common mistake is thinking the fee is per mark, when in fact, it’s per class mark, and if the brand is used across categories (say, both clothing and cosmetics), the total cost doubles.

Fee Table for Trademark Filing in India

Type of Applicant	Govt Fee (per class)	Professional Fee (approx.)
Individual / Startup / MSME	₹4,500	₹2,000 – ₹5,000
Company / LLP / Trust	₹9,000	₹3,000 – ₹10,000

Points to Keep in Mind:

The government fee must be paid online at the time of filing; failure to pay correctly has led to several applications being marked as “filed but incomplete.”
Startups must submit a valid DPIIT Certificate to avail of the reduced fee. In many cases, applications have been filed claiming startup status, but the supporting proof wasn’t uploaded, leading to later rejection.
While professional charges aren’t regulated, opting for dirt-cheap services online often means you’re not getting full trademark classification advice, which can be a critical mistake.
If the trademark is being filed under multiple classes (say for branding, software, and merchandising), multiply both govt and legal fees per class.

Some founders try to cut corners here, but they end up paying twice later while re-filing correctly.

How Long Does a Trademark Last in India?

Under Section 25 of the Trade Marks Act, 1999, a registered trademark in India is valid for 10 years from the date of application, not from the date of registration, which is a small detail, but it has implications, if your application drags on for a year in examination or opposition, your effective protection window gets shorter. Still, it remains one of the strongest forms of IP once granted.

Many businesses forget about renewal timelines, which is a risky oversight. Once expired, the mark becomes open to re-registration by others after the lapse of the grace period, a mistake that has cost brands dearly, especially in the F&B and apparel sectors.

Key Facts:

Trademark validity: 10 years from filing date (not grant date)
Renewal: Must be filed using Form TM-R at any time within 6 months before expiry
Late Renewal: Allowed up to 1 year post-expiry, with a penalty, though this route involves restoration, which isn’t always guaranteed
Renewal Fee: ₹9,000 per class, same as the original government filing fee for companies

Mistakes Commonly Seen:

Several startups let the renewal lapse after the first term, assuming the protection was “automatic” or renewable for free, whereas it’s not.
Applicants often wait until the last week before filing Form TM-R. If there’s a payment issue or system glitch on the IP India portal (which happens often), the mark risks expiry.
In case of expired marks, if another party files a similar mark during your restoration window, the registry may deny restoration. Many business owners wrongly assume their renewal rights are absolute.

Legal Benefits of Trademark Registration in India

When companies, especially smaller private entities or startups, begin scaling, what’s often missed or left for later is the trademark registration part. Many businesses in India either think their logo or brand is already “protected” because they’ve been using it for years, or they assume their CA or some consultant has “already taken care of it”. But legally, use does not equal registration, and that gap can cost businesses much more than expected.

Now, one of the key benefits of trademark registration in India is that it gives statutory rights under the Trade Marks Act, 1999, which common law usage doesn’t provide. A registered trademark gives its owner the exclusive right to use the mark in respect of the goods or services for which it is registered, which means not only can the owner prevent third-party misuse but can also claim statutory damages and initiate infringement actions without having to prove goodwill or reputation.

But people get confused between use-based rights (which exist) and the ease of enforcement that registration brings. For instance, a business may have been using a brand name since 2015, but if someone else registers it in 2018 and the first one never applied, the newer registration can still cause massive trouble, like getting your listing taken down from Amazon or even blocking your trademark application at a later stage.

It’s also important because a registered trademark is considered intellectual property, and so it can be licensed, assigned, and in many cases, even hypothecated (though practically this is rare). Banks might not lend against it directly, but investors do see it as a signal of legal hygiene.

Here are some actual, practical benefits:

You get your mark searchable in the public database, which serves as notice to third parties.
You gain the right to file infringement suits under Section 29 of the Trade Marks Act.
You can use the ® symbol legally (many use it without registration, which is technically incorrect).
You can build licensing or franchise structures without legal ambiguity.
You make the brand an actual asset in valuations or investor due diligence.

Now, one legal error that often happens is people assuming registration gives them a monopoly over a word or phrase in any context. Trademark protection is limited to the class(es) of goods and services you register in. So, registering “Alpha” under Class 25 (clothing) doesn’t stop someone from using “Alpha” in Class 9 (tech hardware).

Also, some founders think once they’ve registered in India, they are covered globally. Whereas trademark rights are territorial. If you want protection in other countries, you either file directly in those jurisdictions or use the Madrid Protocol route, which extends registration based on your Indian application.

Lastly, registered marks are published in the official journal. If no opposition is filed, they proceed to registration. But even after registration, if not used within five years, the mark can be challenged for non-use, which many people don’t even know, and there’s a confusion around it that whether just having a GST invoice with a brand name counts as “use”, it doesn’t always, especially if the mark isn’t used visibly on goods or services.

FAQ Section – Trademark Registration in India

Q1. Is it legally required to register a trademark in India?
Not exactly. There’s no law saying you must register, but if the mark isn’t registered and you run into infringement issues, it gets messy fast. Courts still protect unregistered marks, sure, but you need to prove use, reputation, and market presence, and that takes time and paperwork. A registered trademark lets you avoid that whole problem because it’s cleaner.

Q2. Can someone register a personal name as a trademark?
Technically, yes, if it’s being used for business. Let’s say your name is Neha Sharma, and you sell sarees under that brand, then yes, it can be filed. But if the name isn’t connected to goods/services and it’s filed just in theory, the registry can reject it for lack of use. This happens quite a bit.

Q3. What happens if someone else already has a similar mark?
That depends. If their trademark is registered and yours isn’t, they’ll generally have the upper hand. But if you can show prior use, you might still have a shot through opposition or rectification. Most people don’t even do a clearance search before filing, and that’s where trouble starts.

Q4. Will my Indian trademark protect me in other countries?
No, Indian registration doesn’t apply abroad. You’ll have to file separately in other countries, or use the Madrid Protocol if you’re expanding to multiple regions. Also, even with Madrid, you need to ensure that the Indian application isn’t opposed or cancelled, otherwise the whole thing falls apart.

Q5. How do I challenge someone’s trademark application if I think it’s too similar to mine?
File a Notice of Opposition (Form TM-O). You get four months from when their mark is advertised in the journal. But be prepared, oppositions aren’t short. You’ll need to submit evidence, maybe reply to counter-statements, and it can drag for a year or more, depending on how active the other party is.

Q6. Can I use the ® symbol after applying?
No. That’s a common mistake. You can only use ® after registration is granted. Until then, just use ™. Some brands misuse this and technically, it can lead to penalties, though it’s not enforced heavily.

Q7. What if I don’t use my trademark after registering it?
Then you risk cancellation for non-use. If a mark isn’t used for five continuous years, any party can apply to have it removed. So, registering and sitting on it without launching the product is a bad idea and practice. At least some trade evidence should exist to defend the mark.

Conclusion – Trademark Registration in India

When it comes to protecting brand identity in India, trademark registration is one of those steps that looks optional at first, but ends up being foundational. It’s not just about owning a logo or a name; it’s about having legal ownership, statutory protection, and a stronger footing if anyone else tries to ride on your goodwill. And yes, sometimes it’s the only thing standing between you and a takedown notice or a blocked product listing on a marketplace.

From a compliance standpoint, businesses today, especially startups and D2C brands, are being evaluated on IP hygiene as much as on financials. Investors check whether there’s a registered trademark, whether it’s in the right class, and whether proper documentation exists. It’s no longer something you “do later”, the timelines now are shorter than what founders assume.

Also, just having a trademark doesn’t solve everything. What matters is, has it been filed properly? Are there oppositions pending? is it being used commercially? and does it align with future expansion plans? We’ve seen multiple cases where businesses had a trademark registration in India, but couldn’t stop infringers in other countries because they missed international filings.

So, if you’re a founder, brand owner, or someone handling IP for your company, this isn’t about legal formalities. This is about securing your business, avoiding unnecessary disputes, and building a brand that lasts. Trademark registration is just the starting point, but without it, the rest often doesn’t hold up.

For specific questions or industry-specific trademark filings, it’s always better to consult with a legal team that understands both the law and your commercial goals.

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