A trademark is a form of intellectual property that includes a word, phrase, symbol, design, or combination. It identifies a product or service from a specific source and distinguishes it from other products or services.
Trademark registration involves securing exclusive rights to a unique mark that distinguishes a company’s goods or services. This mark can be a design, picture, sign, or expression, representing the brand's identity and value.
The following entities can apply for trademark registration in India:
Individuals
Joint Owners
Proprietorship Firms
Limited Liability Partnerships (LLP)
Indian Companies
Foreign Companies
Trusts or Societies
Types of trademarks that can be registered:
Product Mark
Service Mark
Collective Mark
Certification Mark
Shape Mark
Pattern Mark
Sound Mark
Trademark classes are selected based on the product or service the trademark represents, the raw material used, similar products in the market, and other criteria. Consult an IP expert from LegalSetu if unsure.
Required documents:
Trademark Application Form (Form TM-A)
Power of Attorney (Form TM-48)
Proof of use or intent to use
Certificate of Incorporation (if applicable)
Partnership Deed (if applicable)
Identity proof of applicant
The trademark search process examines existing trademarks in a database to check if a brand name or logo is already registered or pending registration.
A trademark search report is a detailed document showing if a proposed trademark is registered, pending, or already in use by another entity.
Trademark registration usually takes 18-24 months in straightforward cases without objections. The application number is issued within 1-2 days after filing.
A registered trademark is valid for 10 years from the date of application and can be renewed indefinitely.
Costs vary by applicant type:
Individuals, Startups, MSMEs: ₹4,500 per class (e-filing)
Trademark opposition is a legal challenge against registration, filed by a third party during the 4-month publication period in the Trademark Journal.
Trademark opposition is filed by a third party, whereas a trademark objection is raised by the examiner.
Opposition can be filed within 4 months from publication in the Trademark Journal.
Submit Form TM-R to the Trademark Registry. After review, it will be published in the Trademark Journal. Upon approval, the renewal certificate is issued for another 10 years. Trademarks can be renewed indefinitely.
The Vienna Codification is a system to classify graphic elements of marks to ensure proper trademark registration.
Steps for logo registration:
Conduct a trademark search to ensure the logo is unique
Prepare the logo and related documents
File the trademark application with Form TM-A
Complete Vienna Codification if applicable
Submit the application for examination by the Trademark Office
Address any objections raised by the examiner
Wait for publication in the Trademark Journal
Respond to any oppositions within 4 months
Receive the trademark registration certificate upon approval
During examination, the officer ensures the application meets legal requirements and doesn't conflict with existing trademarks. If issues arise, an examination report is issued for response.
Trademark infringement occurs when there is unauthorised use of a mark that is identical or deceptively similar to a registered trademark, causing confusion and violating the owner’s rights.