Apply for Trademark Registration

In today’s competitive market, your brand is your biggest asset. A trademark is a unique symbol, word, design, or logo that distinguishes your products or services from others. Registering your trademark is essential to protect your brand identity and prevent unauthorized use. This blog explains step by step how to apply for trademark registration in India, the process, documents required, and important things to keep in mind.

What is a Trademark?

A trademark is any mark, word, phrase, symbol, or design that identifies your goods or services and makes them different from competitors. For example, the logo of Apple or the tagline of Nike (“Just Do It”) is registered trademarks. In India, trademarks are governed by the Trademarks Act, 1999.

Benefits of Trademark Registration

Before learning how to apply, let’s understand why registration is important:

  • Exclusive Rights: You get exclusive ownership of your brand name or logo.
  • Legal Protection: You can take legal action against anyone who misuses your brand.
  • Brand Recognition: Builds trust and credibility among consumers.
  • Asset Creation: A registered trademark is an intellectual property asset that can be sold, franchised, or licensed.
  • Global Protection: Helps in registering your trademark in foreign countries.

Who Can Apply for Trademark Registration?

Anyone who claims to be the owner of a brand can apply for a trademark. This includes:

  • Individuals
  • Companies
  • Partnership firms
  • LLPs (Limited Liability Partnerships)
  • Trusts and Societies

Types of Trademarks You Can Register

You can apply for trademark registration for:

  1. Word Marks – e.g., brand names like “Amul” or “Zomato.”
  2. Logos and Symbols – e.g., Apple logo.
  3. Taglines/Slogans – e.g., “Finger Lickin’ Good.”
  4. Shape of Goods – e.g., Coca-Cola bottle shape.
  5. Sound Marks – e.g., the Intel jingle.
  6. Combination Marks – mix of words and logo.

Step-by-Step Process to Apply for Trademark Registration

Here’s a detailed guide on how to apply for trademark registration in India:

Before applying, it is important to do a trademark search on the official website of the Intellectual Property India (IP India) – https://ipindia.gov.in.

  • This search helps you check if your proposed name/logo is already registered.
  • If a similar mark exists, you may have to modify your trademark.

2. Select the Correct Class

Trademarks are divided into 45 classes based on goods and services.

  • Class 1–34 – for goods.
  • Class 35–45 – for services.

For example:

  • Class 3 – Cosmetics, perfumes.
  • Class 9 – Computers, electronics.
  • Class 35 – Business consultancy, advertising.

Choosing the correct class is very important; otherwise, your application may get rejected.

3. Prepare the Documents

The following documents are required for trademark registration:

  • Applicant’s name, address, and nationality.
  • Company or firm incorporation certificate (if applicable).
  • Soft copy of the trademark/logo.
  • Power of Attorney (Form TM-48) signed by the applicant.
  • Identity proof and address proof of the applicant (Aadhar, PAN, Passport, etc.).

4. File the Application

You can apply for trademark registration in two ways:

  • Offline Filing – Submit the application at the Trademark Office (in Mumbai, Delhi, Kolkata, Ahmedabad, or Chennai).
  • Online Filing – Through the IP India portal (https://ipindiaonline.gov.in).

The application is filed using Form TM-A, along with government fees:

  • ₹4,500 for individuals/startups/SMEs.
  • ₹9,000 for companies and large entities.

After filing, you will get an acknowledgment receipt and can use the ™ symbol with your brand name.

5. Examination of Trademark

The Registrar examines the application to check:

  • If it meets all legal requirements.
  • If it is unique and not similar to an existing mark.

The registrar may raise objections. In such cases, the applicant must file a reply or attend a hearing.

6. Publication in Trademark Journal

If accepted, your trademark is published in the Trademark Journal for 4 months.

  • During this period, third parties can oppose your application.
  • If no opposition is filed, the process moves forward.

7. Trademark Registration Certificate

If no objections or oppositions are raised, the Registrar issues the Trademark Registration Certificate.

  • Once granted, you can use the ® symbol with your brand name.
  • The registration is valid for 10 years and can be renewed indefinitely.

How Long Does It Take?

The whole process can take anywhere between 6 months to 2 years, depending on objections, oppositions, or delays in examination. However, once you file the application, you can start using the ™ symbol immediately.

Cost of Trademark Registration in India

The cost depends on the applicant:

  • Individuals/Startups/SMEs – ₹4,500 (per class).
  • Companies/Other entities – ₹9,000 (per class).

If you hire a professional or legal expert, additional service charges will apply.

Common Mistakes to Avoid

  • Choosing a generic or descriptive name (e.g., “Best Cloth Store”).
  • Not doing a proper trademark search.
  • Filing in the wrong class.
  • Not responding to objections on time.
  • Using the ® symbol before the trademark is actually registered.

Why Take Professional Help?

Although you can apply on your own, the process can be complex. A professional or legal expert helps you with:

  • Conducting a thorough trademark search.
  • Drafting and filing the application properly.
  • Handling objections or oppositions effectively.
  • Ensuring faster and smoother registration.

Conclusion

Registering a trademark is one of the most important steps in protecting your brand. From conducting a trademark search to filing the application and getting the certificate, the process requires attention to detail. Once registered, your trademark gives you legal rights, brand recognition, and an edge over competitors.