Online Trademark Registration in India

As per the Trademark Act, 1999 you can register a trademark in India. Having a trademark allows you to have exclusive ownership rights over all entities of your brand by restricting others from using them. This ensures that all the efforts that you put in the branding and content of your brand doesn’t end up being exploited or wrongfully used by anyone else. A trademark registration in India will ensure that your logo, slogans, packaging of goods and every characteristic feature of your brand identity is protected from unwanted usage under exclusive ownership rights.

You can apply for the logo registration simply online and start adding the symbol of ‘™’ as soon as the application is submitted. The entire process of registration for trademark however takes somewhere between fifteen to eighteen months, and includes a a list of processes that validate the original ownership of the mark.

The process and branches of Trademark Registration in India has been adapting to new changes over the years and welcomed a bunch of new arenas in the Trademark Registration in India. Be it a particular sound or recipe, it can now be registered as your trademark too.

You can get your Trademark registration in India done with in a hassle free manner. You will get assured expert support from our team throughout the entire process of registration.

 Advantages of getting a Trademark Registration in India

  • A Trademark protects the brand’s commercial goodwill – As a registered trademark owner, you will have the right to create, update and protect the goodwill of your products and services. In case an infringer uses your logos or registered trademark unlawfully, you can sue them for it.
  • An established Trademark helps in advertising – A trademark is an essential and pivotal step in kickstarting the process of branding of your goods/services. A trademark helps your customers and clients to distinguish your brand from the others and give it some legitimacy as well.
  • A Trademark will get get your brand protection under law – Getting legal protection in case of an infringement or any other unlawful activities involving your brand’s name/content without your knowledge can only be possible once you register your Trademark.
  • A trademark can serve as an asset – Once you have registered your trademark, you can sell it, trasfer it, franchise it, because it becomes your asset. This will bring the proprietor or the firm a lot of benefits.

A note on Trademark Class:

Controller General of Patents, Designs, and Trademarks have classified goods and services under 45 classes. Your application must mention the class/classes that the goods/services represent. The trademarks are registered only under those classes. The experts at will help you to find the most appropriate class. For each class, a separate application is filed by paying prescribed Government fee.

Some popular Trademark Classes are:

Class 25 – for footwear, clothing

Class 42 – for scientific, computer related and other technological services

Class 35 – for advertising and business management services

Online Registration of Trademark in India

List of Documents Required

  • Applicant’s PAN Card
  • Applicant’s Address Proof
  • The Logo(which must contain the brand name) applied to register a trademark
  • User Affidavit, in case of claim of a specific user date
  • Proof of trademark use such as registration certificate or invoice, etc.
  • A signed form of TM – 48
  • Start up recognition certificates, MSME, to avail upto 50% concession on the government fees.

Simple procedure of registration to be followed over 3 Days

  • Form fillup and document submission – On the first day, you have to provide some basic information, submit the required documents and select an appropriate Class. And then we will run availability checks on your trademark and search.
  • Preparation and Drafting – On the second day, our expert professionals will draft all your documents and prepare for filing.
  • Application Filing – On the third day, we will file your Trademark registration in India application and then share the receipt along with the filed application copy with you.

And on day 4, you can start using ™ with your brand logo!

A note on the Validity of Trademark registration in India:

Once registered, a trademark is valid for 10 years counting from the day of its application Registration. A company has to file a request for the renewal six months before the date of expiration of the last registration of the trademark. It is essential to renew the trademark every 10 years.

The trademark registration that took place in India under the Trademark Act, 1999 is also valid only in India and not in any other country of the world.

Please note that your trademark can be annulled or removed in case of non use. If your trademark is not used continuously for a period of five years, you have to apply for removal of the trademark three months prior to the date of expiration of the five years to get it removed in a hassle free manner.

Frequently Asked Questions

What are the use/function of trademark?

In the current business scenario, trademark is taken by the any business keeping in mind the following use or functions

  • Identification of the product or services and its origination
  • Assurance of consistency in the quality of product or service
  • Brand creation  for the producing / servicing company
  • Trust building for the product or service provided by business

What are the eligibility criteria to apply for trademark registration in India?

Any business or individual, who claims to the creator or owner of any brand or image can apply for the trademark registration in the process as prescribed by the trademark registration authorities. The application for trademark registration in India should accompany the trademark to be registered, product or service details, particulars of the applicant like name and address, power of attorney for appointing agent (if any), period for which  the trademark is to be used and the duly signed form. The application form along with other relevant details is available either in Hindi or English.

How a business can apply for trademark registration in India?

The trademark in India are registered under  Trade Marks Act, 1999  where the specified goods and services are classified strictly according to the International Classification of goods and services. At present, Trademarks Act, 1999 schedule IV of the Act specifies a comprehensive list of such goods and services along with its indicative classification. The Registrar for trademarks remains the final authority to determine the class where the given goods or service may classify. This classification specified in the Schedule IV of the Act is available as anexure with the questionnaire for trademark registration. The International classification as published by WIPO may be referred for detailed description or one can also approach the local Trademark Registration office in India  for further details.

What are the different types of Trademarks available for registration in India

  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Shape of goods or their packaging
  • Marks constituting a 3- dimensional sign.
  • The right to proprietorship of a trade mark may be acquired by either registration under the Act or by use in relation to particular goods or service.
  • Monograms
  • Sound marks when represented in conventional notation or described in words by being graphically represented.
  • Letters or numerals or any combination thereof.
  • Combination of colors or even a single color in combination with a word or device
  • Devices, including fancy devices or symbols

What are the purpose for Trademark registration in India?

  • Trademark given an identification to the product i.e goods and services or the business.
  • Trademark is unique and specifies the originality of product or service.
  • Trademark reflects the consistency in product or service quality
  • Trademark generates the trust in the mind of customers about the product or service and such trust leads to repeat business and thus loyalty
  • Trademark enables an affinity of customer towards the business which led to further referrals and thus contribution to overall profitability.

What are the benefits of trademark registration in India

With Trademark registration in India, the owner or proprietor of brand get conferred upon the exclusivity to use the registered trademark and print or indicate a symbol “TM” along with the brand. This gives the complete protection form other competitor businesses to use brand and thus gets the relief of infringement for using the same in court of jurisdiction in India. However the exclusivity to use registered trademark comes with the specified conditions agreed while getting the trademark registered. Such condition includes limitation of area of use, using the trademark in the exactly the same manner and style etc. In certain rare conditions, more than one person or business gets the trademark registration of nearly identical or  similar trademark and as such exclusive right may not operate against each other.

Benefits of trademark registration in India for different stakeholders

Registered Proprietor: Registered Proprietor of a trademark in India does have the exclusivity and can prohibit  other business from using his trademark unlawfully. Not only this, a registered proprietor may also drag the othere business to the court of law for using his registered trademark and may seek damages along with securin destruction of infringing goods and or labels.

Government: The Registrar of Trademark in India expects a handsome revenue which is perpetually increasing every year.

Legal professionals: The registration of Trademarks in India is facilitated by professionals including legal advisors who assist the clients in the processing of application for trademark registration in India.

Customer or Consumer : The ultimate beneficiary is the Consumers or customer of the business who get an assurance of the quality even before purchasing the goods or service with registered trademarks in India.

What are the forms and fees charged for Trademark registration in India

The filing of new applications for registration of trademarks in India can be done through the forms as prescribed the authorities. The fees for trademark registration depends on these forms.

Purpose Form Fees
New Applications Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Rs.3500.00
Notice of Opposition to oppose an application published in the Trade Marks Journal FormTM-5 Rs.2500.00
Renewal of a mark Form TM-12 Rs.5000.00
Surcharge for belated renewal Form 10 Rs.3000.00
Restoration of removed mark TM – 13 Rs.5000.00
Application for rectification of a registered trademark TM – 26 Rs.3000.00
Legal Certificate Form TM – 46  
Providing details of entries in the Register   Rs.500.00
Official search request Form TM-54 Rs.500.00
Preliminary advise of the Registrar as to the registrability of a trademark TM – 55 Rs.500.00
Copyright search request and issuance of certificate TM – 60 Rs.5000.00

What are the sources of trademark registration laws in India?

  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Letters or numerals or any combination thereof.
  • The right to proprietorship of a trade mark may be acquired by either registration under the Act or by use in relation to particular goods or service.
  • Devices, including fancy devices or symbols.
  • Monograms
  • Combination of colors or even a single color in combination with a word or device.
  • Shape of goods or their packaging.
  • Marks constituting a 3- dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented.

What does the register of trademark in India contains?

The register of trademark in India is maintained digitally and available online. The register records interalia the trademark along with the class of goods or services, for which, the trademark is registered including other details and particulars affecting the scope of registration of rights conferred. Apart from this, it also contains other relevant details like address of the proprietor; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trade mark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.

Can any correction be made in application or register for registered trademark in India?

Yes, it may corrected however with the basic principle of not altering the registered trademark substantially that may result in alteration of affecting its identity. Subject to this, other changes are permissible according to rules detailed in the subordinate legislation.

How to remove registered trademark from register in India?

Any registered trademark may be removed form the registered by an application to the Registrar on prescribed Form specifying the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark in India.

What are the policies for quality service of Trademark registration in India y Seedup?

Seedup assist for processing the applications for registration of trademarks in India under the Trade Marks Act, 1999.  With an aim to provide qualitative services relating to search, examination, e-publication and post-registration activities, it provides services in the most fair, impartial, responsive and prompt manner. Generally, the applications received are disposed on the same day, all thanks to digital processing and automation. Not only this, Seedup also provides professional guidance to applicants educating them about legal jargons.

Trademark registration in India – Offices and Jurisdiction

Trade Marks Registry, Mumbai (Head Office)
Intellectual Property Bhavan, Near Antop Hill Head Post Office,
S.M. Road , Antop Hill, Mumbai 400037
Tel: 022-2410 1144, 24101177, 24148251, 24112211
Fax: 24120808, 24132295
Jurisdiction: State of Maharashtra, Madhya Pradesh and Goa

Trade Marks Registry, Delhi
Intellectual Property Bhavan, Plot NO.32, Section 14, Dwarka, Delhi
Tel. 011-28082915/ 16/17 Fax:
Jurisdiction: State of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi and Chandigarh

Trade Marks Registry, Kolkata,
CP-2, Sector V, 5th floor, I.P.Bhavan, Salt Lake,
(Telfax. 033-23677311
Jurisdiction: State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland, Andamar & Nicobar Island.

Trade Marks Registry, Ahmedabad,
15/27 National Chambers, 1st floor,
Ashram road,
Ahmedabad-380 009.
Tel: 079-26580567
Jurisdiction: The state of Gujarat and Rajasthan and Union Territory of Damman, Diu, Dadra and Nagar Haveli

Trade Marks Registry, Chennai
IP building, GST Road, Guindy
Tele: 044-22502041, Fax : 044-22502042
Jurisdiction: The state of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Union Territory of Pondicherry and Lakshadweep Island.

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