Trademark Registration
Online in India
Secure your brand identity with professional trademark registration and legal protection.
- Trademark Search & Application Filing
- Renewal & Opposition Handling
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- Fast Trademark Filing & Approval
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Have questions about safeguarding your intellectual property? Ruchita Dang & Associates has you covered. Our expert trademark consultants are ready to guide you through every step of the process.
Discover how Ruchita Dang & Associates makes trademark registration effortless—with expert support and just a few simple steps.
Trademark Registration Certificate
This trademark registration certificate is the official proof of your brand’s legal protection.
It includes a unique registration number, which is essential for establishing exclusive rights to your mark and preventing unauthorized use by competitors.
What is Trademark Registration?
According to the World Intellectual Property Organisation (WIPO), over 2.8 million active trademarks exist in India, with approximately 200,000 new applications filed each year. This surge reflects the growing importance of intellectual property protection in India’s expanding economy and the increasing awareness among businesses about safeguarding their brand identity.
Trademark registration is the formal legal process of protecting your brand under Indian law. It offers comprehensive protection that includes both brand registration (for your business or product name) and logo registration (for your visual symbols).
The process is governed by the Trademarks Act, 1999, and the Trademark Rules, 2017, which together provide a legal framework for businesses to secure their brand names, logos, symbols, and other distinctive marks.
Ruchita Dang & Associates ensures that your trademark registration journey is smooth, efficient, and fully compliant—helping you protect what makes your brand unique.
Types of Trademark Registration in India
1. Word Mark Registration
This is often what businesses seek when looking for brand name registration. It protects company names, product names, slogans, and other textual identifiers.
Example: A clothing company registers its brand name “EcoStyle” to protect its unique identity in the fashion market.
2. Logo Mark Registration
Commonly understood as logo registration or device mark registration, this category protects graphic symbols, designs, or visual elements that represent your brand.
Example: A technology startup registers its distinctive emblem that appears on all its products and marketing materials.
3. Sound Mark Registration
For distinctive sounds or jingles associated with brands.
Example: A telecommunications company registers its unique ringtone that plays in all its advertisements.
4. Shape Mark Registration
For three-dimensional shapes of products or packaging.
Example: A beverage company registers the distinctive contoured shape of its bottles.
5. Color Mark Registration
For specific colors or color combinations uniquely associated with a brand.
Example: A shipping company registering its distinctive purple color used consistently across its fleet and branding materials.
6. Collective Mark Registration
For marks used by members of an association or collective group.
Example: An association of organic farmers registering a mark that certifies products from its members meet specific organic standards.
7. Trademark Opposition Proceedings
- Allows third parties to oppose trademark applications within four months of publication.
- This ensures that potentially conflicting marks can be challenged before registration is granted.
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Rules and Regulations for Trademark Registration
Trademark registration in India is governed by comprehensive legislation and rules that establish the framework for protecting distinctive marks in commerce.
1. The Trademarks Act, 1999
- Provides the fundamental legal framework for trademark registration, protection, and enforcement in India.
- It establishes the statutory rights of trademark owners and procedures for obtaining those rights.
3. Madrid Protocol (International Registration)
- The Madrid Protocol facilitates international trademark registration through a single application process.
- It allows Indian businesses to protect their marks in multiple countries through one application filed with the Indian Trademark Registry.
5. Well-known Trademark Protection
- Provides special protection to marks that have gained significant reputation and recognition.
- Well-known marks receive broader protection beyond the specified goods/services and across class boundaries.
7. Trademark Opposition Proceedings
- Allows third parties to oppose trademark applications within four months of publication.
- This ensures that potentially conflicting marks can be challenged before registration is granted.
2. The Trademark Rules, 2017
- Details the procedural aspects of trademark applications, registrations, and related proceedings.
- These rules streamline the registration process and govern the administrative functions of the trademark registry.
4. Nice Classification System
- Categorizes goods and services into 45 distinct classes for trademark registration purposes.
- Applicants must specify the appropriate class(es) under which they seek trademark protection.
6. Trade Marks (Amendment) Rules, 2017
- Introduced electronic filing and streamlined procedures for more efficient trademark processing.
- Established provisions for expedited examination of trademark applications under certain conditions.
How to Register a Trademark in India?
Registering a trademark in India involves a systematic process that requires careful preparation and attention to detail:
1. Conduct a Comprehensive Trademark Search
Perform a thorough search in the trademark registry database to ensure your proposed mark doesn’t conflict with existing registrations or applications.
3. Prepare Registration Application
Complete Form TM-A with details about the applicant, the mark, goods/services, and classification, ensuring accuracy in all information provided.
5. Receive Trademark Application Number
Obtain an official filing acknowledgment and application number, serving as proof that your application has been received by the Registry.
7. Respond to Examination Report
9. Opposition Proceedings (if applicable)
11. Maintain Through Renewals
2. Determine Appropriate Trademark Classes
4. Submit Application with Prescribed Fees
6. Navigate Examination Process
8. Publication in Trademark Journal
10. Receive Registration Certificate
Documents Required for Trademark Registration
1. Trademark Application Forms
- Form TM-A for standard applications
- Power of Attorney if filing through an agent or attorney
- Form TM-M for various miscellaneous requests
3. Trademark Representation Materials
- Clear representation of the mark in JPEG format (for logos/device marks)
- Specific format requirements for sound marks, 3D marks, or other non-traditional marks
- Label specimens showing actual use of the mark on goods or in services
5. Use-Related Documentation
- Affidavit of use if the mark is already in commercial use
- User declaration with specific dates of first use in commerce
- Evidence of use, such as invoices, advertisements, and packaging samples
7. Additional Supporting Materials
- Consent letter from living persons if their name/likeness appears in the mark
- NOC from the relevant authority for certain regulated terms
- Supporting evidence for acquired distinctiveness claims (if applicable)
2. Applicant Identity Documents
- For individuals: PAN card, Aadhaar card, voter ID, or passport copy
- For companies: Certificate of Incorporation, MOA/AOA
- For partnerships: Partnership deed and registration certificate
- For LLPs: LLP Agreement and registration certificate
4. Priority Documents (if applicable)
- Certified copy of priority application if claiming convention priority
- English translation of priority trademark registration documents if in a foreign language
- Form TM-P for claiming convention priority
6. Business Documentation
- Business registration documents appropriate to the entity type
- GST registration certificate
- Shop and establishment certificate (if applicable)
Characteristics of Trademark Registration
Trademark registration in India has several distinctive characteristics that define its legal protection and commercial benefits:
1. Exclusive Territorial Rights
Registration grants exclusive rights to use the mark within Indian territory.
- Provides nationwide protection across all states and union territories.
- Creates a legal monopoly over the mark with specified goods/services.
3. Use Requirement Flexibility
India’s trademark system accommodates both current and future commercial use.
- Registration is possible based on actual use or proposed future use.
- Non-use for 5 consecutive years may make the mark vulnerable to cancellation.
5. Public Notice Function
- Registered marks appear in the official trademark database.
- The ® symbol can be used to indicate registered status.
7. Infringement Remedies
- Registered trademark owners can seek injunctions, damages, and an account of profits.
- Criminal remedies are available for counterfeiting registered marks.
2. Time-Bound Protection
Trademark registration protects for fixed periods with renewal options.
- Initial registration validity is for 10 years from the application date.
- Indefinite protection is possible through successive renewals every 10 years.
4. Classification-Based Protection
The protection scope is determined by the specified classes of goods and services.
- Registration protects the mark only within the specific classes applied for.
- Multi-class applications are permitted to cover diverse business activities.
6. Transferable Property Rights
- Marks can be assigned, licensed, franchised, or used as security for loans.
- These transactions must be recorded with the trademark registry.
8. Incontestability Factor
- After seven years, registration becomes prima facie evidence of validity.
- This strengthens the mark against certain types of challenges.
Fees for Trademark Registration
Registration Charges
- Official Filing Fees: Rs. 4,500 for individuals/startups/small enterprises and Rs. 9,000 for others per class (online filing).
- Physical Filing Surcharge: Additional Rs. 1,000 if filing physical applications instead of online.
- Expedited Examination Fees: Rs. 20,000 for individuals/startups/small enterprises and Rs. 40,000 for others per class.
- Hearing Attendance Fees: Rs. 1,000- Rs. 5,000 if personal appearances are required during objections.
- Professional Service Fees: Rs. 5,000- Rs. 25,000 for trademark attorneys or consultants handling the registration process.
- Search and Consultation Fees: Rs. 2,000- Rs. 5,000 for comprehensive trademark availability searches.
- Response to Examination Report: Rs. 3,000- Rs. 10,000 for professional assistance with responding to objections.
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Why Should You Register a Trademark?
Securing trademark registration for your business, which includes crucial aspects like brand registration (for your name) and logo registration (for your visual identity), offers numerous advantages that enhance brand protection and business value:
1. Exclusive Brand Ownership
Secures legal monopoly over your brand identity in the marketplace.
- Establishes exclusive rights to use the mark for specified goods/services.
- Prevents competitors from using identical or deceptively similar marks.
3. Right to Action Against Infringement
Enables effective legal recourse against unauthorized brand usage.
- Grants the right to sue for trademark infringement with stronger remedies.
- Allows for seeking injunctions, damages, and accounts of profits from infringers.
5. Consumer Trust Building
Registration helps establish authenticity and reliability in the market.
- Allows use of the ® symbol, signaling official protection to consumers.
- Builds consumer confidence in product or service authenticity.
2. Legal Protection Framework
Registration creates a solid legal foundation for defending your brand.
- Provides statutory protection under the Trademarks Act, 1999.
- Creates a legal presumption of ownership, reducing the burden of proof in disputes.
4. Business Asset Creation
Transforms intangible brand equity into quantifiable business assets.
- Creates intellectual property assets that appear on company balance sheets.
- Enhances company valuation during mergers, acquisitions, or fundraising.
6. Franchising Opportunities
Enables structured business expansion through legitimate brand licensing.
- Creates a legal basis for franchising business models and expansion.
- Provides security when allowing others to use your brand under license.
7. Customs Protection Access
Registered marks can be recorded with customs authorities for border protection.
- Allows recording with Indian customs to prevent the importation of counterfeit goods.
- Creates an additional enforcement mechanism at international borders.
8. Perpetual Protection Possibility
Creates potentially unlimited protection through proper maintenance.
- Initially valid for 10 years but renewable indefinitely with timely renewals.
- Enables building a multi-generational brand legacy with proper maintenance.
FAQs on Trademark Registration
Trademark Registration refers to a process that gives legal rights to the owner of a brand’s distinct name, logo, or other visual representation such as a symbol or slogan. It prevents unauthorized use and supports market credibility building through brand identity.
Trademark Registration not only ensures protection against infringement and counterfeiting but also fosters customer trust, increases the value of the business, and provides legal backing to prosecute infringers. Trademark Registration Services are of great help in making the protection of the brand legally solid.
Any person, firm, company, or LLP engaged in trade or providing services can apply for Trademark Registration. The Trademark Registration Consultant will assist you in selecting the right class and filing.
The main documents include logo/brand name, identity proof of applicant, address proof, and signed Power of Attorney (Form TM-48). Expert services for Trademark Registration help with the preparation and filing of all documents to the Trademark Registry.
A registered trademark is protected for a decade from the date of application and its protection can be extended forever for the following ten-year periods. A Professional Trademark Registration Service can help with renewals to make sure the protection is continuous.
