What is Trademark Registration?
A trademark is a name, logo, word, slogan or combination that identifies your goods or services. Registration under the Trade Marks Act, 1999 gives you the exclusive right to use the mark in the registered classes and to take action against misuse. It is valid for 10 years and can be renewed.
Who needs it
- Businesses launching a brand name or logo.
- Online sellers who want to protect their brand on marketplaces.
- Startups building brand value before investor talks.
- Owners facing copycat names or using a name without registration.
Benefits
- Legal right to use the ® symbol after registration.
- Ability to act against infringement.
- Brand asset that can be licensed or sold.
- Marketplace brand-registry eligibility.
- Builds trust with customers and partners.
What can and cannot be registered
A trademark must be distinctive: it should identify your goods or services and set them apart from others. Invented or arbitrary names, such as a coined word, are the easiest to register. Names that only describe the product, such as the common name of the goods, a quality or a place, are difficult. Marks that are identical or very similar to an existing mark for similar goods, or that are misleading or against public order, can be refused.
Choosing the class
Trademarks are registered in classes under the international Nice classification. Classes 1 to 34 cover goods and classes 35 to 45 cover services. You protect your mark only in the classes you apply in, so choose the ones that match what you sell today and plan to sell soon. Each class is charged separately by the government.
Stages of an application
An application moves through a fixed sequence, and how long it takes depends almost entirely on whether an objection or an opposition arises along the way.
| Stage | What happens |
|---|---|
| Filing | Application is filed with the Trade Marks Registry and an application number is issued |
| Formalities check | The Registry checks that the application is complete |
| Examination | An examiner searches for conflicts and may raise objections in an examination report |
| Reply and hearing | We reply to objections in writing and attend a hearing if one is called |
| Publication | The accepted mark is published in the Trade Marks Journal |
| Opposition window | Third parties get a period to oppose; if opposed, both sides present evidence |
| Registration | If there is no opposition, or you succeed, the certificate is issued |
™, ® and keeping your rights
You can use ™ as soon as you start using the mark. The ® symbol may be used only after registration. A registered trademark lasts 10 years from the date of application and can be renewed indefinitely for further 10-year periods. Keep using the mark in the form registered, watch the Journal for confusingly similar applications, and act early if someone copies your brand.
Searching before you apply
A search before filing tells you whether the same or a similar mark already exists for related goods or services. Search the Trade Marks Registry database, the domain names, social media handles and the open market. Look not only for identical names but for those that sound alike, look alike or share the same idea. Finding a conflict early lets you change the name before you spend on branding.
Keeping the registration alive
A registration is not permanent: it depends on continued use of the mark and on renewal before each term ends.
- Use the mark continuously for the registered goods or services.
- Keep records of use, such as invoices and advertising.
- Renew before the 10-year period ends.
- Record changes of ownership or address with the Registry.
- Watch the Journal for similar marks and oppose where it makes sense.
Common questions
Three questions come up most often, about unregistered earlier users, about whether a logo is needed, and about who owns a mark a designer created.
- Can I register a name that someone else uses unregistered? Possibly, but the earlier user may have rights through use. A search helps you judge the risk.
- Do I need a logo to register? No. You can register a word mark, a logo, or both.
- Who owns the mark if I use a freelance designer? Make sure the designer assigns rights to you in writing.
Official sources: the Trade Marks Act, 1999 and the website of the Controller General of Patents, Designs and Trade Marks.
Documents required
- 01Applicant details: name, address and legal status
- 02Logo or word mark in the required format
- 03Description of goods or services and the class
- 04Date of first use, if the mark is already in use
- 05Udyam or startup certificate, if claiming fee concession
- 06Power of attorney, signed
Due dates and penalties
| Item | Due date | If missed |
|---|---|---|
| Reply to examination report | Within 1 month of the report (extendable on request) | Application may be treated as abandoned |
| Opposition period after publication | 4 months from publication | Third parties may oppose within this time |
| Renewal | Every 10 years | Mark may be removed from the register |
Timelines depend on the Registry's workload and on whether there are objections or oppositions.
Mistakes to avoid
- Filing without a search and getting an objection.
- Picking a purely descriptive name that cannot be registered.
- Registering in the wrong class.
- Using ® before registration. Use ™ until then.
- Missing the reply date for the examination report.
Why PHMG
- Partner-led: a chartered accountant reviews your work, not only a junior team.
- Clear fee and scope in writing before we start.
- Deadlines tracked for you, with reminders well before the due date.
- Your documents and data are handled confidentially.
- Online service across India, with a single point of contact.
Fees depend on your case. Request a quote for a clear scope and fee.