Trademark

How to Register Trademark In India?

Trademark Registration: How to Register Trademark Online in India

Introduction

Trademark registration is a legal way to protect your brand name, logo, or tagline. Whether you’re a startup, business, or entrepreneur, it grants exclusive rights and builds market credibility. This blog explains how to register a trademark online, file a trademark properly, and apply with the correct documents and fees.

 

Summary

  • Trademark registration protects brand identity under Indian law.
  • You can register a trademark online via the IP India portal.
  • The process includes search, filing, examination, and registration.
  • You must file a trademark under the correct class of goods/services.
  • Trademark registration is valid for 10 years and renewable.
  • Filing early reduces the risk of objections or infringement.

What Is Trademark Registration?  

Trademark registration gives you exclusive rights to use your brand name, logo, or slogan in your business sector. It prevents others from using a similar identity and offers legal protection under the Trade Marks Act, 1999.

Who Can Register a Trademark?  

Any of the following can apply for trademark:

  • Individual entrepreneurs or freelancers

  • Proprietorship firms or partnerships

  • Companies (Pvt. Ltd., LLP, etc.)

  • Trusts, NGOs, or societies

  • Foreign entities (directly or via Madrid Protocol)

What Can Be Registered as a Trademark?  

  • Word Marks – Brand names, business titles (e.g., “Swiggy”, “Infosys”)

  • Logos & Symbols – Visual brand elements

  • Slogans – Catchphrases like “Have it your way”

  • Shape of Goods – Unique packaging or container designs

  • Sound Marks – Distinct brand sounds (e.g., Airtel jingle)

  • Smell Marks – Rare category, limited use

  • Domain Names – If used commercially and distinct

Step-by-Step Process to File a Trademark  

1. Trademark Search  

Before you file a trademark, search the Indian Trademark Registry database to check if the mark is already taken.

2. Choose the Correct Trademark Class  

There are 45 classes of Trademark based on goods and services. Choose the right one to avoid future objections.

3. File a Trademark Application (Form TM-A)  

4. Examination of the Application  

A Trademark Officer examines the application and may raise objections. If no issues are found, it proceeds to publication.

5. Publication in Trademark Journal  

The application is published in the journal for 4 months to allow for public opposition.

6. Trademark Registration Certificate  

If unopposed, the Registrar issues a certificate. You now hold full rights over the trademark and may use the ® symbol.

Documents Required to Register Trademark   

For Individuals / Proprietors: 

  • PAN Card

  • Aadhaar Card

  • Signed Form TM-A

  • Brand Logo (if applicable)

 For Companies / LLPs: 

 For Partnership Firms: 

  • Partnership Deed

  • PAN Card

  • Brand Logo

For Foreign Companies:    

  • Certificate of Origin

  • Local Indian Address Proof

  • Power of Attorney (POA)

Trademark Registration Fees   

 Government Fees per Class: 

  • ₹4,500 for Individuals, Startups, and MSMEs

  • ₹9,000 for Companies, LLPs, and others

Benefits of Trademark Registration  

  • Exclusive Rights
    Only you can use the trademark for that class of goods or services.

  • Legal Protection
    Prevents others from copying or misusing your brand.

  • Builds Trust & Recognition
    A registered mark boosts your brand’s credibility.

  • Valuable Asset
    Trademarks are intangible assets and can be sold or licensed.

  • Global Protection
    Easier to register internationally through the Madrid Protocol.

Trademark Registration Timeline  

Stage

Approximate Time

Application Filing

1–2 days

Examination

3–6 months

Journal Publication

4 months

Final Registration

8–12 months

Conclusion  

Trademark registration is a vital step for any business that wants to secure its identity. By learning how to apply for trademark correctly, choosing the right class, and filing accurately, you ensure your brand is legally protected. If needed, take help from experts like EbizFiling to make the process smooth and error-free.

Vaishali Joshi

Vaishali Joshi is a young and dynamic person with a passion for legal services. She is Company Secretary by profession and is working at Ebizfiling India Private Limited as a Compliance Team Leader from the last 3 Years. Her interest in the legal profession allures her to opt for a career with Ebizfiling. She has dealt with more than 4000+ clients with her expert knowledge in Compliance matters.

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