What is a trademark?
A trademark is a symbol, word, phrase, logo, or combination thereof that identifies and distinguishes the source of goods or services of one party from those of others. It grants the owner exclusive rights to use the mark in commerce
Why should I register a trademark in India?
Registering a trademark:
- Provides legal protection against unauthorized use.
- Builds brand value and credibility.
- Allows exclusive use of the mark in the registered class of goods/services.
Enables you to take legal action against infringers
Who can apply for a trademark in India?
Individuals, companies, proprietors, or legal entities can apply for a trademark. Foreign nationals and companies can also register a trademark in India, regardless of having physical presence in the country.
What types of trademarks can be registered?
You can register:
- Words or names
- Logos or symbols
- Slogans or taglines
- Sounds (e.g., Nokia tune)
- Shapes (e.g., Coca-Cola bottle)
- Colors (distinctive combinations)
- Smells (rare but possible)
How do I register a trademark in India?
- Trademark search – Check for existing or similar trademarks.
- File application (Form TM-A) with details of the mark and class.
- Examination – The Trademark Office reviews the application.
- Publication in Trademark Journal for opposition (if any).
- Registration – If no opposition, the certificate is issued.
What is the cost of trademark registration in India?
As of 2024:
- ₹4,500 per class for individuals/startups/small enterprises (e-filing)
- ₹9,000 per class for others (e-filing)
- Additional professional/legal fees may apply if an agent or attorney is used.
How long does the trademark registration process take?
If uncontested, the process typically takes 6 to 18 months. However, delays may occur due to objections, oppositions, or backlog at the Trademark Registry.
What is the validity of a registered trademark in India?
A registered trademark is valid for 10 years from the date of application and can be renewed indefinitely for successive 10-year periods.
What happens if someone opposes my trademark application?
If opposed, you must file a counter-statement within 2 months. A hearing may follow, where both parties present evidence. If the Registrar decides in your favor, the trademark proceeds to registration.
Can I register a trademark internationally through the Indian application?
Yes. Once you file in India, you can apply for international protection via the Madrid Protocol, using your Indian application as the base. This simplifies registration in over 100 member countries