Trademark Registration
Registration of trademarks, brand names, and logos under the Trade Marks Act, 1999.
Introduction
Trademark Registration in India provides legal protection to brand names, logos, slogans, and other distinctive marks used in commerce. Registration is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017.
A registered trademark gives the owner exclusive rights to use the mark in relation to the goods or services for which it is registered, and the legal authority to take action against infringement.
This service is essential for businesses, brand owners, and entrepreneurs seeking to protect their intellectual property and establish brand identity.
Why This Service is Legally Required
Applicable Acts, Rules & Regulations
Primary Legislation
- Trade Marks Act, 1999
- Trade Marks Rules, 2017
- Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
Supporting Guidelines & Standards
- Nice Classification (International Classification of Goods and Services)
- WIPO Madrid Protocol (for international trademark registration)
- Controller General of Patents, Designs and Trade Marks guidelines
Governing Authorities and Departments
- Controller General of Patents, Designs and Trade Marks – under the Department for Promotion of Industry and Internal Trade (DPIIT).
- Trademark Registry offices in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad.
Scope of This Service / Registration
Licenses and Approvals Involved
- Trademark Registration Certificate
- Trademark Renewal (every 10 years)
Documents Required
Step-by-Step Registration Process
Trademark Search
Conduct a comprehensive search to check for conflicting marks in the Trademark Registry database.
Application Filing
File the trademark application (Form TM-A) online through the IP India portal.
Examination
The Trademark Examiner reviews the application and may raise objections in an examination report.
Objection Response
Respond to any examination objections within the prescribed time. A hearing may be scheduled.
Publication
The mark is published in the Trademark Journal for opposition (4-month opposition period).
Registration
If no opposition or opposition is resolved, the trademark is registered and certificate is issued.
Regulatory Timelines
Indicative timelines: Filing to registration: 8-18 months (no opposition). If opposition is filed, the process may take 2-4 years. Examination report typically issued within 1-3 months of filing.
ℹ️ Timelines are indicative and subject to change based on regulatory authority workload and documentation completeness.
Government Fees
- Application fee (online): INR 4,500 per class for individuals, startups, and small enterprises; INR 9,000 per class for others.
- Opposition fee: INR 2,700.
- Renewal fee (every 10 years): INR 9,000 per class.
- Fees are per class – multi-class applications require fees for each class.
ℹ️ Fees are subject to revision by the respective government authorities.
Common Challenges & Compliance Risks
How Globallex Compliance Helps
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Regulations, fees, and procedures are subject to change. Please consult with Globallex Compliance for the latest regulatory position and personalized guidance.