Protect Your Brand, Secure Your Business – Trademark Made Simple!
What is a trademark?
A trademark is a unique word, logo, phrase, or symbol that helps to identify and separate a business’s goods or services from others. It acts as a brand identity, making it easier for customers to identify and trust your business.
Key requirements for trademark registration
For a mark to qualify as a trademark, it must fulfill these conditions: Uniqueness – It should stand out of the existing trademark.
Graphical representation – The mark must be able to visually represent. Specity – It should help to separate products or services. Use – It should be in use or intent for future use in business. Legal framework: Trademark Act, 1999 The trademark registration in India is governed by the Trademark Act, 1999, which provides legal protection against unauthorized use. This law provides special rights to trademark owners and allows them to take legal action if their brand identity is misused. Benefits of registering a trademark A registered trademark provides many advantages: Exclusive Rights – The owner gets legal rights to use the trademark. Protection against copying – prevents others from using uniform names or logo. Brand recognition – creates confidence and reliability with customers. Business Extension – A registered trademark can be licensed, franchise or transferred to business benefits. Who can apply for a trademark? Any person, company, startup, partnership, or legal unit can apply for trademarks. Even if a business is not included, the application can be filed in a person’s name and can be transferred later.
Trademark Registration Process in India
Step 1: Trademark Search
Before applying, it is important to check if a similar trademark intellectual property is already registered. This can be done using the IP India website.
Step 2: Filing the Application
The trademark application is filed using Form TM-A, either online or at the Trademark Registry office.
✔ Government Fees:
- ₹4,500 for individuals/startups
- ₹9,000 for companies
- ✔ Details Required: Trademark class, applicant details, and brand description.
Step 3: Examination by the Registrar
The Trademark Office examines the application for compliance with trademark laws. If there are no objections, it moves forward.
Step 4: Publication in Trademark Journal
Once approved, the trademark is published in the Trademark Journal for public review.
✔ If no one objects within four months, the registration process continues.
Step 5: Handling Trademark Opposition
If someone opposes the registration, the case goes through a legal hearing at the Trademark Registry before proceeding.
Step 6: Trademark Registration & Certificate Issuance
If no opposition is filed (or successfully defended), the trademark is registered.
The owner receives a Trademark Registration Certificate.
The trademark is valid for 10 years and can be renewed indefinitely.
Trademark Classification in India
India follows the Nice Classification System, which divides trademarks into:
Class 1-34: Goods (e.g., clothing, food, electronics, pharmaceuticals, etc.)
Class 35-45: Services (e.g., advertising, IT, legal, education, etc.)
Trademark Registration Cost & Timeline
Processing Time: 12-24 months
Government Fees:
- ₹4,500 for individuals/startups
- ₹9,000 for companies: Once filed, the applicant can start using the ™ (TM) symbol immediately.
Trademark Renewal in India
- A registered trademark is valid for 10 years.
- Renewal must be done before expiration to keep ownership rights.
- There is a 6-month grace period for late renewal with additional fees.
What Cannot Be Trademarked?
Certain elements cannot be registered as a trademark intellectual property in India, including:
- Common words that describe a general product or service (e.g., “Bakery” for a bakery).
- Offensive or misleading terms.
- National symbols or government emblems.
- Trademarks identical to existing ones.
Why is Trademark Registration Important for Businesses?
- Prevents Unauthorized Use – A registered trademark stops others from using your brand name or logo.
- Adds Value to Your Business – A trademark helps establish brand reputation and trust.
- Legal Protection – Provides legal grounds to take action against misuse.
- Supports Business Growth – Enables licensing, franchising, and expansion.
Conclusion
Registering a trademark is a key step in protecting your brand identity and securing legal rights over your business name, logo, or slogan. Whether you’re a startup, entrepreneur, or large business, getting a trademark intellectual property ensures that your brand remains legally protected and exclusive.
Need Help with Trademark Registration?
At Corpmate, we simplify the entire process of IPR trademark registration, handling everything from application filing to certificate issuance.
📞 Contact Us Today and secure your brand hassle-free!
Frequently Asked Questions (FAQs)
1. How long does it take to register a trademark in India?
It typically takes 12 to 24 months, depending on objections or oppositions.
2. What happens if I don’t renew my trademark?
If not renewed, the trademark is removed from the register. However, there is a 6-month grace period for renewal with an additional fee.
3. Can I trademark both a word and a logo?
Yes, but you may need to file separate applications for each.
4. What if my trademark application is opposed?
You must submit a counterstatement within two months and attend a legal hearing if required.
5. Is trademark registration mandatory for businesses?
No, but it is highly recommended to prevent brand misuse and secure exclusive rights.
📩 Get expert assistance with your trademark registration today!