License · Business License
Trademark Registration
Protect your brand name, logo, or slogan under Indian trademark law.
What is Trademark Registration?
Trademark Registration grants exclusive legal rights to use a brand name, logo, or slogan in connection with your goods/services, registered with the Trade Marks Registry under the Trade Marks Act, 1999, and renewable indefinitely every ten years.
Trademark law exists to protect the goodwill a business builds in its brand identity — preventing competitors from riding on that reputation through confusingly similar names or logos, and giving the rightful owner a clear legal basis to stop infringement and enforce exclusivity in the marketplace.
India follows the Nice Classification system, dividing goods and services into 45 numbered classes — a mark must be registered in every class relevant to your actual or intended business activity, since protection is class-specific rather than blanket. A software company and a clothing brand can both legitimately hold the same registered word mark if they operate in unrelated classes, which is why the pre-filing search step matters as much for confirming a class is genuinely clear as for confirming the mark itself is available.
Filing establishes a priority date immediately, letting you use the ™ symbol while the application proceeds through examination, publication in the Trade Marks Journal, and a statutory opposition window before the registered ® mark is finally granted — a process that, unlike most licences in this file, is measured in months rather than weeks precisely because third parties are given a formal opportunity to object.
Who Needs It
Types & Categories
Word Mark
Protects the brand name/text itself, regardless of font or styling.
Logo/Device Mark
Protects a specific visual logo design.
Combined Mark
Protects a specific combination of word and logo as used together.
Series Mark
Protects a group of closely related marks that share a common distinctive feature, filed together.
Collective/Certification Mark
Used by an association or certifying body to distinguish goods/services meeting a defined standard, rather than by a single trader.
Key Benefits
Documents Required
- Brand name/logo to be registered
- Applicant identity and business proof
- Proof of use, if claiming prior use of the mark
- Power of attorney (Form TM-48), if filed through an authorised agent
- MSME/startup recognition certificate, where applicable, to avail the reduced government fee
Our Process
Trademark Search
We conduct a search to confirm the mark isn't already registered or conflicting.
Class Identification
We identify the correct Nice Classification class(es) covering your actual and intended goods/services.
Application Filing
The application is filed with the Trade Marks Registry under the correct class(es).
Examination
The Registrar examines the application for conflicts and compliance, and may raise objections we respond to.
Publication & Opposition Window
The mark is published in the Trade Marks Journal, opening a statutory window for third parties to file opposition.
Registration
If unopposed (or opposition is resolved in your favour), the trademark is registered and the certificate issued.
Validity & Renewal
A registered trademark is valid for 10 years from the filing date and can be renewed indefinitely for further 10-year terms.
Penalty for Non-Compliance
Trademark infringement is primarily a civil wrong giving rise to a suit for injunction and damages, but the Trade Marks Act, 1999 also criminalises falsifying a mark or falsely applying it to goods/services. Under Section 103, this is punishable with imprisonment of not less than six months (extendable to three years) and a fine of not less than ₹50,000 (extendable to ₹2 lakh), unless the court records special reasons for a lighter sentence; Section 104 imposes comparable penalties for selling or offering goods/services bearing a falsified mark. A second or subsequent conviction under Section 105 carries an enhanced minimum of one year's imprisonment (up to three years) and a fine of not less than ₹50,000 (up to ₹2 lakh). Failing to renew your own mark, separately, risks losing exclusive rights to it.
Frequently Asked Questions
Am I protected as soon as I file?
Filing gives you a priority date and the ability to use the ™ symbol; the full ® registered mark comes once the registration process completes.
What if someone objects to my trademark application?
You can respond to a Registrar's examination objection with written submissions, and if a third party files a formal opposition after publication, the matter proceeds to a hearing before the Registrar.
Can I register a mark I haven't used yet?
Yes — Indian law allows filing on a 'proposed to be used' basis, though claiming prior use where genuinely applicable can strengthen your position in an infringement dispute.
Do I need to register in every class my business might expand into?
Protection only covers the classes you register in, so it's worth registering in classes covering realistic near-term expansion rather than only your current core activity.
What happens if I don't renew after 10 years?
An unrenewed mark can be removed from the register and become available for others to register, though a limited restoration window exists shortly after lapse under prescribed conditions.
Is a logo automatically protected once I use it, without registration?
Unregistered use can give limited common-law protection in some circumstances, but registration provides much stronger, easier-to-enforce statutory rights and is the recommended route.
Is falsifying a trademark a criminal offence, not just a civil one?
Yes — beyond a civil infringement suit, deliberately falsifying a registered mark or knowingly selling falsely marked goods is a cognizable criminal offence under Sections 103/104 of the Trade Marks Act, carrying real imprisonment and fine exposure, not just monetary damages.
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