Trademark Registration

A registered trademark can still fail to protect the business. A restaurant that registers its name in a clothing class instead of food services leaves the same name open to a competing restaurant. The work is in matching the classes, the description of goods and services, and the mark itself to how the business actually operates. We search, advise on classes, file and handle the application through examination, opposition and renewal.

Trademarks are governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, and administered by the Controller General of Patents, Designs and Trade Marks. Applications are filed online on the IP India portal, and protection extends across India.

What registration protects

A trademark can be a name, logo, slogan, shape, colour combination or sound that distinguishes your goods or services. Registration gives you the exclusive right to use it for the classes registered, and the right to sue for infringement. Without registration, protection is limited to passing off, which requires you to prove reputation.

An application is examined on two main questions:

• Distinctiveness: descriptive marks are refused, for example "Fresh Coffee" for coffee.
• Conflicts: whether an identical or deceptively similar mark is already registered or applied for in the same or related classes. This is why a search before filing matters.

Registration lasts ten years from the application date and can be renewed every ten years indefinitely.

Choosing the right classes

India follows the Nice Classification of 45 classes: 1 to 34 for goods and 35 to 45 for services.

• Match classes to what the business actually does, not the nearest-sounding class.
• File in every class you use or realistically plan to enter, since protection is limited to the classes filed.
• Write a description wide enough to cover related activities, but not so vague that it draws an objection.
• Search for phonetically and visually similar marks, not just identical ones.

One application can cover several classes, with the fee charged for each class.

Government fees

There is no government fee for searches, replies to examination reports or hearings; costs at those stages are professional fees.

The process

1. Search the trademark register for identical and similar marks.
2. File Form TM-A with the applicant's details, the mark, classes and goods or services. You can use ™ from this point.
3. Examination: the Registry examines the application, usually within one to three months, and issues an examination report.
4. Reply to objections within one month; if not accepted, a hearing before the examiner, usually by video conference.
5. Publication in the Trade Marks Journal, followed by a four-month window for oppositions.
6. Registration if no opposition is filed, or once an opposition is decided in your favour. You can use ® from this point.

Where applications get stuck

• Filing without a search, so conflicts surface later as oppositions
• Descriptive marks that attract objections on absolute grounds
• Missing the one-month deadline to reply, leading to abandonment
• Descriptions too narrow (leaving gaps) or too broad (inviting objections)
• Using ® before registration, which is not permitted

How we help

Filing itself is straightforward. The value is in judging distinctiveness, choosing classes and descriptions, and searching thoroughly for similar marks before filing, and then in handling objections and oppositions quickly. We also track renewals for businesses with several marks, and act in disputes where marks are copied.

Common questions

Can I register a trademark without visiting an office?

Yes. Search, filing, payment and tracking are online, and hearings are mostly by video conference.

Can I use my brand while the application is pending?

Yes, with the ™ symbol. The ® symbol can only be used after registration.

Can I file myself?

Yes. Professional help is most useful for class selection, descriptions, objections and oppositions, where mistakes are costly.

What if I don't renew after ten years?

The mark can be removed from the register and others may register similar marks. It can be restored within one year of expiry on payment of a surcharge.