Trademark Registration
Background and law
Trademarks in India are registered under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, administered by the Trade Marks Registry under the Controller General of Patents, Designs and Trade Marks. Registration is not compulsory, but it is prima facie evidence of ownership, lets you use the ® symbol and gives you the right to sue for infringement. Goods are covered by classes 1 to 34 and services by classes 35 to 45, 45 classes in all.
Who needs it
- Businesses with a brand name, logo, slogan or sound they want to protect.
- Start-ups, MSMEs and individuals.
- Sellers and online brands who want protection and marketplace brand registry.
- Any owner of a mark that is being used or proposed to be used for goods or services.
Key rules to know
- The Registry examines the mark under Sections 9 and 11, and you must reply to an examination report within one month.
- Accepted marks are published in the Trade Marks Journal; anyone may oppose within 4 months.
- Registration lasts 10 years from the date of filing and is renewed with Form TM-R.
- Use ™ while the application is pending and ® only after registration.
- A trademark search before filing reduces the risk of objection or opposition.
Documents required
- Applicant identity and address proof (individual, firm, company or LLP documents)
- The mark: name or logo image in JPEG format
- Description of goods or services and the class(es) to be filed
- Udyam or DPIIT start-up certificate if applicable
- Power of attorney or authorisation (Form TM-48) for the agent
- Proof and date of first use, with an affidavit, if the mark is already in use
Step-by-step process
- Search the Trade Marks Registry database for identical or similar marks.
- Choose the correct class(es) and prepare the application in Form TM-A.
- File online and receive an application number.
- Formalities check and examination by the Registry; reply to any objection.
- Publication in the Trade Marks Journal and a 4-month opposition period.
- If unopposed or opposition is decided in your favour, the Certificate of Registration is issued.
Timeline
From filing to registration commonly takes 6 months to 2 years or more, depending on objections and opposition.
After you complete this
- Use the ® symbol only for the registered mark and goods/services.
- Monitor the Journal for conflicting applications.
- Renew before the 10 years end.
- Keep proof of use of the mark.
FAQs
Can I use ™ before registration?
Yes, you can use ™ once you adopt a mark. Use ® only after registration.
Does one filing cover all my products?
No. Each class needs coverage, and a logo and a word mark are treated as different marks.
What if there is an opposition?
The Registry follows a hearing process. We advise on evidence and replies.
Information reviewed in October 2026 against published legal references and guides. Laws, dates and thresholds change, and your case may differ, so confirm with AKS Associate before acting.
