Trademark Registration in India

A registered trademark is a unique asset that increases in value over time. As your organization grows, the value of your trademarks increases gradually. It delivers your brand individuality because each organization requires a distinctive brand or logo that sets it apart from competitors’ brands. Therefore, a trademark registration in India offers your brand a distinctive identification. Customers can easily identify a product and tell it apart from another well-known identical product or business owing to a registered trademark.

Trademark registration is of great importance in India for several reasons. Here are some key reasons why companies and individuals should consider trademark registrations in India:

1. Legal Protection: Trademark registration provides legal protection to the unique symbols, names, and logos associated with a business or product. It grants the owner exclusive rights to use the mark in connection with the goods or services for which it is registered.
2. Exclusive Rights: Registration of a trademark provides the owner with exclusive rights to use the mark. This exclusivity helps in preventing others from using similar or identical marks.
3. Brand Recognition: Trademarks play a crucial role in building brand recognition and reputation. A registered trademark helps consumers identify and distinguish the products or services of one business from those of others.
4. Market Positioning: Trademarks contribute to the establishment of a unique identity for a business in the market. They help in creating a distinct market position and enable consumers to make informed choices.
5. Asset Value: A registered trademark is considered an intangible asset. It adds value to the business, especially if the brand becomes well-known and reputable. Registered trademarks can be bought, sold, or licensed, contributing to the overall value of the business.
6. Legal Recourse: Trademark registration provides a legal basis for taking action against unauthorized use of the mark. The registered owner can file a lawsuit for infringement and seek legal remedies such as damages or injunctions.
7. Global Protection: Trademark registration in India can serve as a basis for seeking protection in other countries through international treaties and conventions. This is important for businesses that operate on a global scale or plan to expand internationally.
8. Consumer Trust: Consumers often associate registered trademarks with quality and consistency. Having a registered trademark can enhance consumer trust and confidence in the brand.

Currently, Trademark law in India is primarily governed by the Trademark Act, of 1999, the Trademarks (Amendment) Act, of 2010, and the Trademark Rules of 2017. The Act and Rules enumerate the procedural aspects of trademark filing, examination, publication, opposition, registration, renewal, rectification, and removal of the trademark.

Trademark Registration process in India

Trademark registration in India can be done online or physically. Both trademark registration processes follow similar steps, with the primary difference being the method of application submission. Trademark Registration Online is typically faster and more convenient, but physical registration may be preferred in some cases. Here are the steps for both online and physical trademark registration:

Step 1 For Trademark Registration Online: you are required to register as a user on the official website of the Controller General of Patents, Designs, and Trademarks (CGPDTM) at https://ipindiaonline.gov.in/.

For physical: You can visit the nearest Trademarks Registry office and obtain the necessary application form (TM-A Application for registration of a trademark) from the office. In India, there are multiple regional offices for trademark registration.

Step 2: Before filing an application, conduct a trademark search to ensure that your trademark is not similar to any existing trademarks. This can be done online through the official website.

Step 3: Fill out the trademark application form Form TM-A and make the payment for the application fee.

Step 4: Once the Registrar receives the application, either online or office, he/she will examine the form to find out if the trademark abides by the terms and complies with the Act and Rule.

Step 5:  When the Registrar is satisfied that the application abides by the Trademark Act and Rules, he/she will publish the trademark in the trademarks journal. Any third party can oppose the trademark registration after it is published in the trademark journal by filing a statement of opposition with the Registrar.

The Registrar will inform the applicant of the opposition, and the applicant needs to file the counter-statement to the opposition. The applicant and the opposing party should also file evidence supporting their case. The Registrar will hear both parties and pass an order of acceptance of registration or rejection of registration.

Trademark is published in the Trade Marks Journal for 4 months

Step 6: When the Registrar passes an order of acceptance of registration in case of any opposition proceedings, he/she will proceed and grant the trademark registration certificate. When there is no opposition to the trademark within three months of its publication in the trademarks journal, the Registrar will give the trademark registration certificate to the applicant.

At MBG, we offer a comprehensive program to assist in company trademark registration:

• To undertake an exhaustive trademark search.
• Verify the availability of the
• Advisory on your rights concerning the registered mark.
• To ascertain the appropriate class as per your enterprise/product.
• Preparation of the required documents for filing an application.
• Drafting the application of trademark (online or physical).
• To address the queries/objections raised by the competent authority during the process of the trademark application.
• Appearing for hearing in front of the registrar of trademark.
• Follow up on the process, adhere to deadlines, check status, and respond to any further inquiries regarding the application.
• Drafting the application for trademark renewal along with the required documents.
• Advisory on infringement claims.
• Filing of objection with the registrar of the trademark on behalf of the

FAQs on Trademark Registration:

1. What is a trademark?

In layman’s terms, a trademark—also known as a brand name—is a visual symbol that may be a word signature, name, device, label, numerals, or combination of colors that is used by the proprietor on the company on goods, services, or other articles of commerce to set it apart from competing products or services of a different company. The following legal conditions must be met in order to register a trademark under the Act:

• The chosen mark must be able to be rendered graphically (that is, on paper).
• It should be able to tell one business’ products or services apart from those of rival businesses.
• It should be applied to products or services with the intention of indicating or in order to suggest, or it should be offered for application.

2. Whether the registration of a trademark is compulsory?

No, trademark registration in India is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration.

3. Who can apply for trademark registration in India?

Any person such as an individual, a company, society or trust, partnership firm, LLP or private limited company, etc. claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in the prescribed manner for registration. The application should contain the trademark, the goods/services, the name and address of the applicant, and the agent (if any) with power of attorney.

4. What are the different classes of trademark registration in India?

The Trademark Registry has classified goods and services under 45 classes. The class/classes of the goods/services should be mentioned accurately at the time of filing an application for registration of a trademark. The trademark must be registered under those classes only.

5. Whether the Competent Authority can raise an objection on trademark registration?

Yes, the Competent Authority can raise an objection on trademark registration in India under section 9 and section 11 of the Trade Marks Act, 1999.

6. Whether any third party raise an objection to trademark registration?

Yes, a third party can raise an objection on trademark registration with the competent authority once the trademark is published in the trademark journal for public objection. The general public can raise an objection to trademark registration within 3 months of its publication in a trademark journal.

7. Is it necessary to get a trademark renewal?

The trademark remains valid just for 10 years after that one needs to file for trademark Renewal. Trademark renewal must be filed before the expiry of the trademark. The renewal application form must be made and filed before the deadline to have the seamless protection of the trademark. The application for renewal is done in form TM-R.

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