Registering a trademark protects your brand legally and gives you exclusive rights over your brand name, logo, slogan, or any distinctive sign. In India, the process is governed by the Trade Marks Act, 1999 and is managed by the Controller General of Patents, Designs & Trade Marks.
Here is a complete breakdown of the trademark registration process in India:
🔢 Step-by-Step Process to Register a Trademark in India
Step 1: Trademark Search (Name Availability Check)
Before applying, it’s crucial to conduct a trademark search to ensure your brand name/logo is not already registered or applied for by someone else.
- ✅ Use: IP India Public Search Tool
- ✅ Check: Similar names, phonetic matches, logo resemblance
- 🚫 Avoids: Rejection, objections, and legal conflicts
Step 2: Select the Right Trademark Class
Trademarks are classified into 45 classes:
- Classes 1–34: For goods
- Classes 35–45: For services
💡 For example:
- Class 25 – Clothing and Apparel
- Class 35 – Business and Marketing Services
- Class 30 – Food Items
Choosing the right class is essential for legal protection.
Step 3: Prepare Required Documents
Gather the following documents based on your applicant type:
For Individuals / Proprietors:
- Applicant’s name and address
- Identity proof (Aadhaar, PAN, etc.)
- Address proof
- Logo (if applicable)
- Signed Form TM-48 (Power of Attorney)
For Companies / LLPs:
- Certificate of Incorporation
- Company PAN card
- Logo (optional for wordmark)
- Udyam/MSME Certificate (if applicable)
- TM-48 (Power of Attorney signed by director/partner)
Step 4: File the Trademark Application (Form TM-A)
You can file:
- Online: Via IP India Trademark Portal
- Offline: At a regional Trademark Registry Office
🖊 Fees:
- ₹4,500 per class – for Individual / Startup / MSME
- ₹9,000 per class – for Others (Company, LLP, etc.)
📩 You will receive an application number and acknowledgment immediately after submission.
Step 5: Trademark Examination by Registrar
The application is examined by the Trademark Office for:
- Conflicts with existing marks
- Formality check
- Distinctiveness of the mark
Results:
- ✅ Accepted: Moves to Journal publication
- ❌ Objected: You must file a response within 30 days
If objected, professional help is advised to respond effectively.
Step 6: Trademark Journal Publication
If accepted, your trademark is published in the Trademark Journal for 4 months.
- 🟢 No opposition: Application proceeds to registration
- 🔴 Opposition filed: Hearing and evidence required from both sides
Step 7: Trademark Registration Certificate
If there is no opposition (or if you win it), the Registrar approves and issues the Registration Certificate.
🎉 You are now legally entitled to use the ® (Registered) symbol with your brand name.
⏳ Time Taken for Trademark Registration
- Without objections or opposition: 6 to 9 months
- With objections/oppositions: 12 months or more
Trademark protection begins from the application date, not the approval date.
📌 Summary of the Trademark Registration Process
| Step | Action |
|---|---|
| Step 1 | Trademark search |
| Step 2 | Choose appropriate class(es) |
| Step 3 | Collect and prepare documents |
| Step 4 | File TM-A application |
| Step 5 | Examination by Trademark Office |
| Step 6 | Journal publication (4 months) |
| Step 7 | Receive registration certificate |
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